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SB Consulting, chartered tax advisers.
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Sunday
Jul182010

Abolition of compulsory annuity purchases - not what it seems ?

In the June Budget, it was announced that the requirement for a pension scheme member to take benefits (for the vast majority, via the purchase of an annuity) by no later than age 75 would be amended, with the trigger age becoming 77 years instead. Legislation to this effect was to be expected in the third, and final, of this year's Finance Acts.

So, as things stood, weathly scheme members would still continue to face the choices of annuity purchase, QROPing or ASPing, but before age 77 rather than age 75. For the very big majority, such choices would be irrelevant due to pension entitlements long since having been triggered to provide a capital and income in retirement.

But no more. With the issue this week of a consultation document on the topic, different and more far reaching proposals are now in the public domain. Responses to the consultation are to be submitted by 10 September.

The proposals being put forward are as follows:

  • There will no longer be a requirement to purchase an annuity, whether at 75, 77, or any other age.
  • The ASP regime will be abolished.
  • Scheme members will be entitled, but not obliged, to drawdown an income from a scheme, within minimum and maximum parameters: the proposals in this regard are similar to those for SIPPS.
  • The 25% income tax free lump sum entitlement will remain.
  • The scheme value of a member who dies before age 75, and without having drawn benefits, will continue to be tax free.
  • The scheme value of a member who dies when aged 75 plus, or at an earlier age when the scheme is in draw- down, will be subject to income tax. This recovery rate is proposed to be 55%.
  • There will be no inheritance tax charged on the value of schemes.

Whilst it should be noted that these are only proposals, the changes, in whatever final form, are expected to take effect from April 2011.

What will, and will not, find its way into the draft legislation, due to be issued later this year, remains to be seen.  However, what will, to many, already be clear is that, whilst many of the sentiments expressed in the condoc are laudable when taken in isolation, the whole exercise is going to involve a huge amount of time and effort, further complicate a pensions system which the previous government managed both to introduce and trash in the space of only 5 short years, and stand to benefit only a very small number of pensioners.

And who will, in the main, make up that very small proportion ?  Those who have such a degree of wealth tthat they can use a pension as a tax favoured savings and estate planning vehicle because they will have sufficient means elsewhere not to have a need to draw on the pension as means of paying the bills. A cynic might suggest that is a small very wealthy group of people who might be  confused with those who the upper echelons of the new coalition government are so keen to cosy up to. ( Well, that, and a certain constituency who are too stupid to understand that their pensions are going to be too small to pay for the weekly grocery shop let alone represent a nest egg for their children.)

Whilst I would like to be proven wrong when it comes to the motivations behind these proposals, it is hard not to be sceptical, not when we have already put with up so much politically inspired bad law from the previous administration. 

But, if scepticsm is warranted, then, in practice, all these proposals will really mean is that a relatively small number of very wealthy people with old style uncapped pension schemes worth millions, if not tens of millions, are going to die with their schemes deliberately left untouched, and with their heirs getting a 33% cut (82% down to 55%) in the tax bill they would otherwise have suffered. For everyone else, with relatively low value schemes which will be drawn down or annuitised long before reaching age 75, the proposals will make scant difference.

Whatever, the shame here is that we are undoubtedly already facing a future pensions and savings crisis, with the great majority of those in the post baby-boomer generations facing an impoverished old age. The best the previous government could come up with is the idiocy of NEST. And, now, is this the best the new lot can manage ?  We can but hope there is more, to follow, that it is radical, and soon.    

 

 

Saturday
Jul102010

Tax tables 2010-2011 - revised

Revised tax tables for 2010-2011 can be donwloaded here.

Friday
Jul022010

Finance Bill - June 2010 edition

The Finance Bill was published on 30 June and we can expect it to receive Royal Assent before the end of the month when parliament goes into recess.

Finance Bill here, Explanatory Notes here, and Lobby Notes here.

Tuesday
Jun222010

Budget June 2010 - some good, some bad

After a spell of working all hours, and just as much faffing about on Twitter, I thought it was high time I wrote something new here. Otherwise, my avid reader will get upset (btw, hello mum).

There is no sense in writing about the hard facts of the Budget announcements all of which are readily available elsewhere.  I shall, instead, see if I can take the opportunity to upset someone.

At the outset, and credit where it is due, Boy George has done better than I, for one, had expected, and has managed some consistency with earlier policy announcements. So far, so good, in that respect at least.  Regardless of whether you agree with the politics, there is a lot to be said to consistency and all the more so when the previous incumbents were prone to changing their minds as often as their socks.

In this regard, it is especially encouraging to see a continued commitment to better policy making and the formation of an Office of Tax Simplification. With the exception of a possible consideration of a  GANTIP (GAAR), which I consider to be utterly unworkable when added to the UK tax code in anything like its present form, it is difficult to find anything to complain about when it comes to the sentiment in Tax policy making: a new approach. Let us just hope this early positive showing is maintained and that the OTS is brought about sharpish. Others will have their own views, but I feel that the OTS will need to be chaired by a non partisan player of indisputed excellence and experience. I am unsure over his health but, if that permits, I would nominate Peter Millett as the man for the job.  Whilst Geoffrey Howe  would be  reliable, he would, as former Tory minister, suffer from an apparent lack of independence from his political masters.

Elsewhere, I am surprised at the extent in the increase in CGT, and its timing. I feel most of us could have lived with 25%, which has a sort of logic in some peoples’ eyes, but 28% is too high and is likely to have a detrimental effect both on behaviour and the tax take. The increase in the lifetime limit for entrepreneurs’ relief to £5M is welcome, but it is but a fig leaf measure.

The introduction of the rate change with immediate effect will be, to many, a big surprise when there is no precedent for a mid-year rate change. One cannot help but feel this government has fallen into the same trap as its predecessor and has legislating primarily for immediate political effect and, if so, that has to be disappointing. One cannot imagine HM Revenue & Customs are going to be impressed when it comes to their attempts to deal with the effects of the mid tax year change, although, as usual, doubtless HMRC will do their damndest to outsource most of the extra cost to the private sector.

On CGT, the law is the law etc., but away from the coalface I cannot help but be disappointed that there are no steps being taken to curtail the ludicrously anomalous attractions offered to the owners of private residences. It is apparent (BN28) that principal private residence relief was on someone’s list of possibles for review, but one can but presume that the Tory Boys bottled it. Either that or they were reluctant to offload the tax free second homes that we, the public, have paid for.

In an era when formal pensions savings will now have only very limited appeal, and with scant encouragement by the tax system for an individual to invest in the average SME, a tax system which, whether by accident or design, steers people towards residential property has to be undesirable. Why should anyone work 12 hours a day and stand to lose the majority of their earnings in tax when, instead, they could “do up” their bricks and mortar, turn and flip properties on a regular basis, pay no tax, and continue to bore at dinner parties ?  If ever there was an occasion to encourage endeavour over passive investment, this was surely the time.  Much as I will, as ever, advise clients of the laws available to them in this regard, I cannot help but wish I could be advising the same people on paying at least some CGT, with that tax being earmarked for tax breaks and other incentives aimed at encouraging the nation’s young to start businesses.

Tuesday
Jun222010

Budget June 2010

HMRC budget notices (45) can be downloaded here.

Thursday
Apr012010

Finance Bill 2010 - retro edition

At just 174 pages long, it's just like it used to be in the old days. Well, at least in length, if not in the quality of the content.  Download here.

Wednesday
Mar312010

Tax tables 2010-2011

Tax tables for 2010-2011 can be donwloaded here.

Tuesday
Mar092010

HMRC podcast - super, no less

HMRC's latest podcast, covering upcoming changes in PAYE, corporation tax and VAT.

Tuesday
Mar092010

Corporation Tax Act 2010

Download here.

Saturday
Feb272010

Huitson – backdated tax bills for everyone, hurrah

Fighting fund permitting, there seems little doubt the decision in Huitson v HMRC [2010] EWHC 97 (Admin) will be appealed but it is hard to form a sense for how significant the case will prove to be and, moreover, where that significance will be found.  My interim view is that the policy driven flavour to the judgment will render the case of little importance to legal purists but of a high potential significance in the wider scheme of things. 

In the current economic climate, it is difficult to see the claimant and his fellow scheme members eliciting any sympathy by bleating about impending bankruptcy and stress etc.  Curiously, the efforts made in this regard only reduce any prospect of me feeling sorry for them and I very much doubt I am alone in wondering what medication the claimant’s counsel was taking when he thought it would be a good idea to run with that line. 

The very fact that any demands for financial clemency should follow a challenge to what was commonly regarded to be an entirely artificial arrangement, the success of which was utterly dependant on a narrow, literal construction of the law (which was rather optimistic, even in 2001), proves what I have consistently said over many years; mass marketed schemes are a bad idea. 

Click to read more ...

Monday
Feb222010

Tuczka v HMRC

Judgment of the First Tier Tribunal here.

Wednesday
Feb172010

Gaines-Cooper

Court of Appeal judgment here.

Earlier judgments: High Court here and Special Commissioners here.

Friday
Jan292010

Huitson v HMRC

Judgment here.

Tuesday
Jan122010

Coke-Wallis v ICAEW - update

The ICLR reports that, on 18 December 2009, the Supreme Court granted leave to appeal the decision in Coke-Wallis v ICAEW. The issues heard by the Court of Appeal, and which will presumably now be re-heard on the ground of general public importance, were autrefois acquit and abuse of process in disciplinary hearings.   

Curiously, when the ICAEW were on notice that the Supreme Court was due to hear the PTA, a hunt around the ICAEW website shows that they were not deterred in scheduling another disciplinary hearing against Coke-Wallis for as recently as 9 December 2009.  Does that mean that the ICAEW saw it as beneath them to await on the Supreme Court to opine barely a week later ?  Or was it that the hearing was inadvertently scheduled  due to an administrative error, with the ICAEW  overlooking the mere detail that, for only the second time in its history, the ICAEW was facing a hearing before the highest court in the land ?  There is, as yet, no published record of  a disciplinary hearing actually taking place on 9 December, which lends support to the view that the listing was an error.  Notwithstanding, when the only explanations are arrogance  or incompetence, neither will play well when abuse of process is in point.

Having previously dealt with Coke-Wallis in his practising days, and being one of a good number of his professional contacts who were none too happy at the time with the seemingly disproportionate actions and attitiudes of the regulatory bodies, it is difficult not to conclude that, after a whopping 8 years and  still counting, the motivations of the ICAEW, in particular, never did have much to do with their offical remit. 

The substantive hearing by the Supreme Court should be before summer 2010.  

Monday
Jan042010

Remittance basis charge - Ireland

Not to be outflanked by the inadequacies of the UK tax system, Ireland is proposing the introduction of its very own remittance basis charge of €200,000; to be introduced for those non domiciled Irish residents with a worldwide income in excess of €1M pa or Irish situs assets in excess of €5M. 

Tuesday
Dec292009

Wealth in Great Britain

The ONS has published its survey into the net wealth of the private households in Great Britain. Net total wealth is defined as the value of property, finances, tangible assets and private pensions, net of accumulated laibilities. Excluded is the value of business assets and state pension entitlements. Report here and executive summary here.

Friday
Dec182009

Offshore non-compliance - podcast

The CIOT has recorded a podcast on the topic of offshore avoidance with Dave Hartnett.  Podcast here and transcript here.  Previous items on a similar theme can be found here.

Dodgy Dave's comments on the HMRC advertising campagin for the NDO are noteworthy. Evidently, Dave has been supping at the cup of corporate blather and is now minded to claim that his video got a huge amount of hits. 

Huge, he tells us.  A random survey puts the video at having receiving no more than 50,000 hits before the Revenue removed it from view (although, if you really must, the Torygraph continues to oblige here).  Which, in YouTube terms, is tiny, and that is even before you exclude the 49,900 tax experts who  just had to see with their own eyes how wretched it was. 

And how appropriate was it to have used YouTube as a medium for this activity ?  Well, monkey smells finger comes in at ten times as many hits than Dave and sneezing baby panda (aaah, how cute is that) with 46 million hits can teach Dave a thing, or three, about huge.  (And,  in passing, with  the  indefatiguable Jean Newlove having now finally given up in her campaign for justice for her daughter, here is the obligatory festive Kirsty. She died nine years ago today.)

Moving on from the NDO, and let's be frank, most  tax experts have, indeed, long since so done, other topics touched upon are the LDF, naming and shaming, and the latest proposal for mandatory notification to HMRC of newly opened offshore bank accounts contained in this condoc

With the new year heralding the bedding down of the new penalties regime, a continuation of the assault on professionals, and HMRC becoming ever more belligerent in the exercise of its powers, the prognosis for 2010 is not good.  

Monday
Dec142009

HMRC consultation – Tacking offshore tax evasion

HMRC have issued a consultation document on the subject of Tackling Offshore Tax Evasion. Responses can be made up to 3 March 2010.  Download here.

It is difficult to know quite what to make of this.  Having already reached the stage where HMRC is running with a constitutionally unsound political function, and doubtless doing so with “eyes-shut” governmental approval, is it worth bothering ?  There is, after all, the hope, by experts of all political stripes, that a new government will see fit to suspend many of the initiatives being flogged currently in the hope that taking stock will help to get both the law and HMRC back on track.

In any event, it is hard to take much of this seriously when the language is not only inappropriate or misleading but, moreover, runs the risk of being counterproductive.  In this regard, someone at HMRC needs a lesson, or ten, about keeping in the zone of credibility.  Using certain language, of evasion, punishment and suchlike, drawn from that most usually associated with the criminal law will achieve nothing when there are not routine criminal prosecutions to shore up the threat that the layman will expect to be associated with such terms.  

Further, we are told that public awareness of offshore tax issues is at record levels, and that taxpayers increasingly resent the small minority who fall short of meeting their obligations to society.  Setting aside the issue that a condoc from a governmental agency is a wholly inappropriate medium for such politically driven, and unsubstantiated, statements, does anyone believe the sentiment ?  Ask any tax expert for their take on the public mood and, if they are honest, they are most likely to report increased enquiries along the lines of “how can I go offshore to cut my tax”. No one cares much, if at all, about the argument that the young will go uneducated and the elderly will die of pneumonia, because no one tends to believe that taxes are well spent in any event.   

And regardless of whether the wrongdoing is termed avoidance, evasion or, simply, non-compliance, seeking to draw a distinction between UK based and overseas wrongdoing is at odds with the fundamentals of the tax code.  Non-compliance is non-compliance and territorial factors are irrelevant, or at least should be so.  To put forward, and in all apparent seriousness, that non-UK failures should be more heavily penalised than their onshore equivalents, can only be suggestive that the tax code is being used for ulterior purposes. If one of the objectives is to bring about the repatriation of monies to the UK for economic reasons, it would be ironic if that objective is achieved when the banks which would house those funds are threatening to go in the other direction.

Lastly, we are told (para 3.15, page 13) that ... “The media campaign around the NDO will continue – and increase – towards the closure of the disclosure window next year.”  Frankly, what bollox.  Have we actually yet seen anything which merits the start of a media campaign, let alone anything which will continue and increase ?  

Sunday
Dec132009

Scumbag politicos and tax - is this going to be a manifesto pledge ?

Even by the remarkably low standards we have come to accept as the norm of modern day politicos, there does seem to be something extra-specially obnoxious about those parliamentarians who feel they have the moral right to sit in the legislature of a country but not then be subject to the laws for which they are responsible.

Whilst generally having no problem whatsoever with any person who seeks to pays as little tax as the law permits, and certainly having no truck with the introduction of morality into any legal analysis, the exception, if there is to be one, must be for parliamentarians. 

Recent times have seen a renewed hoo-haa over Michael Ashcroft and Zac Goldsmith.  And let us not forget that other charmer, Irvine Laidlaw.  All three have now, at various times, made pledges over contributing their full whack to the UK coffers in return for their political status and two have persistently failed to honour their commitments.  Hmm, classy. 

Interviewed on Sky News, on 13 December 2009, Rt. Hon. David Cameron MP stated:

“I think it is time to pass a law that says that if you want to be in the Houses of Parliament, if you want to be a legislator, you need to be or be treated as a full UK taxpayer,”. “We would pass that law if we get elected. We would pass it straight away, we would bring it into force as rapidly as we could. I think that would put the situation beyond doubt.” 

The Bill would not need to be lengthy nor complex.  There should not, therefore, be any problem whatsoever in getting a draft knocked up and agreed upon, in principle, well before an election and with a Tory party manifesto pledge to match. 

Now, if the Pilsbury Dough Boy was really serious about being seen as credible, he would publicly demand that Ashcroft and Laidlaw both honour their past pledges  in coughing up on an "as if" basis, with suspension from the House of Lords until they do so.  And, in the interests of bi-partisanship, any Labour sleazoids who have been elected to the Lords similarly should be treated in no different fashion - when it comes to Baroness Uddin, one dreads to think what number of steaming great turds are bobbing about in her personal tax history. 

Saturday
Dec122009

Philip Bowles and tax fraud 

Only early reports thus far, here and here, and no published judgment, but one has to remark that this case of a businessman convicted of cheating the public purse looks seriously dodgy. 

Leaving aside whether the public would consider it is in their interests that RCPO spend the public's money and utilise valuable court time in prosecuting someone such as Mr Bowles, whose seemingly utterly pointless incarceration the public will all now have to pay for, the merest suggestion that the defendant was deprived of the resources to represent himself will be repugnant to anyone who values the notion of justice. 

Reading between the lines, it is not difficult to suppose that Mr Bowles found himself in the sort of business difiiculty encountered by many, was plain unlucky, none too bright, or most probably both, in not seeking serious professional advice early on, and then found himself swept up and away by the system.  Throw in a liberal dollop of more stupidity, being probably some action falling to be put before a jury as concealment, and he was done for. 

Whilst one can but hope that Mr Bowles' appeal is heard soonest, there is here the starkest of reminders that anyone who finds themselves indicted for tax fraud will be 92% likely to be enjoying prison food.