Corporation Tax & Value Added Tax (VAT)

Corporation Tax Fundamentals

  • A company, as a separate legal entity, pays corporation tax on its profits.
  • Qualifying charitable payments can be deducted from total profits before tax.
  • Tax rate: 19% on taxable total profits (with exceptions for large companies).
  • Payment due: Nine months and one day from the end of the company's accounting period.
  • Tax return due: Twelve months from the period's end.
    • Example: Year-end 12/31/2020, tax due 10/01/2021, return due 12/31/2021.
  • Taxable profit Calculation: (\text{Trade profits} + \text{Other income} + \text{Gains} - \text{Charitable donations}) \times 0.19
  • Profit Calculation: Turnover minus revenue expenses minus deductible capital allowances.
  • Dividends:
    • Dividends paid by a company are not deductible for corporation tax purposes.
    • Dividends received by a company are generally exempt from corporation tax (unless the recipient is another company).
  • Gains from selling capital assets:
    • Taxed as regular income at 19%.
    • Companies do not receive the annual exemption available to individuals.
    • Rollover relief: Companies can defer gains by reinvesting in qualifying business assets.
  • Loss Relief:
    • Offset against profits of the same accounting period.
    • Offset against total profits of the prior twelve-month accounting period (after current year claim).
    • Carried forward against total future profits.
    • Note: Offsetting losses against profits may impact the deductibility of charitable donations.

Close Company Anti-Avoidance Rules

  • Purpose: To prevent shareholders from unfairly avoiding taxes through company control.
  • Definition: A close company is controlled by five or fewer shareholders or any number of shareholders who are also directors.
  • Control: Ownership of greater than 50% of the company or its voting rights.
  • Example: Shareholder-director borrowing from the company.
    • Scenario: Avoiding income tax on profits by borrowing from the company instead of taking dividends.
    • HMRC Countermeasures:
      • Tax on the benefit of interest-free or low-interest loans to directors/employees at the official rate.
        • Tax is applied on the interest foregone, not the loan value.
        • Exception: Loans below £10,000 in aggregate are exempt from this tax.
      • Penalty tax: The company pays a notional tax to HMRC at 32.5% (the dividend tax rate for higher-rate taxpayers) on the loan value.
        • Tax is due on the usual corporation tax payment date.
        • Refund: The company can get a refund if the loan is repaid.
      • Loan Write-Off:
        • If the company writes off the loan, the individual will owe tax on the amount as a dividend distribution to the shareholder.

Value Added Tax (VAT) Fundamentals

  • VAT is a tax on consumers, charged on the supply of goods and services by VAT-registered businesses.
  • Supply: VAT terminology for the sale of goods or services.
  • Output Tax: VAT charged on a business's sales.
  • Input Tax: VAT a business pays on its purchases that it can reclaim.
  • Net Amount: The difference between output tax and input tax, owed to or due from HMRC.
  • Non-registered customers: Bear the burden of VAT without the ability to reclaim it.
  • Example: Yo-yo factory VAT calculation
    • Buys plastic pellets for £1,000 + £200 VAT (input tax).
    • Pays metal supply company £500 + £100 VAT (input tax).
    • Pays string manufacturer £100 + £20 VAT (input tax).
      • Total input tax: £320.
    • Sells yo-yos to retail chain for £4,000 + £800 VAT (output tax).
      • Pays HMRC £480 (£800 - £320).
    • Retail chain sells yo-yos to consumers for £4 each + VAT.
      • Collects £1,600 VAT.
      • Pays HMRC £800 (£1,600 - £800 input tax).
  • Exemptions:
    • Land, insurance, financial services, education, health services, postal services.
  • VAT Rates:
    • Basic rate: 20%.
    • Reduced rate: 5% (domestic fuel, energy-saving materials, child car seats).
    • Zero-rated: 0% (food, books, newspapers, water, sewage services, transport, residential construction).
  • Other Exemptions:
    Sale of company shares, sale of a business as a going concern.

VAT Registration

  • Compulsory Registration:
    • Historic Test: Taxable supplies in the previous twelve months exceed the VAT registration threshold.
    • Future Test: Reasonable grounds to believe that taxable supplies in the next thirty days alone will exceed the VAT registration threshold.
    • Zero-rated supplies count towards the threshold.
    • Notification:
      • Historic test: Notify HMRC within thirty days from when the threshold is crossed.
      • Future test: Notify HMRC within the thirty-day period during which the threshold is expected to be exceeded.
  • Voluntary Registration:
    • Businesses may register to recover input tax or appear more established.
  • Deregistration:
    • Required if a business stops trading or making taxable supplies.
    • Optional if taxable supplies fall below £83,000 in a twelve-month period going forward.

VAT on Land and Buildings

  • Most supplies are exempt (sale or lease of a building).
  • Commercial land and building owners may opt to charge VAT to recover input tax.
  • Purchase of a commercial building less than three years old is standard-rated (20%).
  • Option to tax:
    • Exercisable on a building-by-building basis.
    • Does not apply to residential buildings.
    • Can be revoked within six months if no VAT has been charged on rent.
    • Irrevocable for twenty years; new owner can decide whether to opt to tax if the building is sold.

VAT Accounting

  • Registered businesses account for VAT one month after the end of each VAT quarter.
  • Tax Point:
    • Basic: Date of supply (delivery of goods or performance of services).
      • Earlier: When the customer pays in advance or is invoiced in advance.
    • Later: If a VAT invoice is issued within fourteen days after the sale, the invoice date is the tax point.
  • Tax Invoices:
    • Must contain the supplier's VAT number, the tax point, the value of the supply, and the rate of tax charged.
    • Used to deduct input tax from output tax.
    • Must be issued to all customers.
  • Deducting Input Tax:
    • Only deductible to the extent that goods/services were used in business activity.
    • Partial business use: Deduction is proportional.
  • Quirks:
    • VAT on cars and business entertaining generally cannot be reclaimed.
    • Businesses selling zero-rated supplies can reclaim input tax.
    • Refunds: If input tax exceeds output tax, a business can claim a refund.

VAT Records and Calculations

  • Businesses must keep VAT records, including a summary of all inputs and output tax and all invoices received.
  • VAT Calculation Trick:
    • If given a VAT-inclusive figure, divide by six to calculate the VAT amount (for standard-rated goods/services).

VAT Penalties

  • Failure to register or late registration.
  • Late submission of returns and late payments (up to 15% of VAT due).
  • Under-declarations of VAT due.
  • Tax evasion: High penalties, fines, and/or imprisonment.