What’s New on Public Sector IR35 2017-18?

A lot of doctors are working with the NHS as a locum doctor and IR35 has become a big issue to most doctors. It is nearly the anniversary of the public sector IR35 rule that kicked-in from April 17. Here we have provided the updated guidelines on the tax implications if you are inside IR35 and being paid to your Ltd company, the expenses claims and considerations of closing down a company.

Tax Treatment When You Are Inside IR35 and Being Paid to Ltd Company

A lot of locum doctors were deemed inside IR35, they still have active limited companies and being paid to the company bank account, but after tax/NI deducted as an employee. This caused a lot of confusion when it comes to corporation tax and income tax. And most importantly how one can avoid being taxed twice for the same income.

As the income inside IR35 were still technically ‘employment income’, you would declare this income under Self-Assessment, but you may not have additional tax liability on this income as taxes were already deducted.

When it comes to Ltd company corporation tax, the same gross income should be treated as the ‘revenue’ for the company. But equally, the same gross amount will be taken out as ‘director’s salary’ so that the income will not be taxed under corporation tax.

For example, Dr Rebecca being paid £6,000 gross per month, the tax/NI deducted was appx £1,500. That gives net amount of £4,500. Dr Rebecca would need to count the £6,000 as revenue, but £6,000 as ‘director’s salary’ which is ‘deductible expense’, so there’s no corporation tax charged on that income. And that income would declare the IR35 under her Self-Assessment.

Expenses Claims

If you still run an active company, any expenses that are necessary for the company are still tax deductible, e.g. your bookkeeping software or subscriptions. When you are doing any consultancy jobs that are outside of IR35, the expenditures that are directly related to those activities are still tax deductible.

When inside IR35, you may not claim travel and subsistence the same way as a self-employed individual. As you are technically an ‘employee’, you may only claim the travel to temporary workplace and that are necessary for you to perform your job. You may not claim travel from home to ‘clients’ office’ by justifying your home is your usual workplace, as those will be treated as usual work commute.

Company Strike Off Considerations

Some individuals might feel as though it is not worth to keep the company running and they just want to do the job, get paid and be tax efficient. In order to close down the company, the company has to be at least 3 months dormant. One thing to be aware of is the final assets of your company, if its less than £25,000 then you can do a normal strike off. Anything remaining will be counted as capital gain. If there is more than £25,000 you might need to use a liquidator to apply for members voluntary liquidation.

Summary

  • You would need to make sure you declare the income as employment income in your self-assessment.
  • Inside IR35, you are technically an employee, so any expenses related to the work that is inside IR35 you will claim the expenses as an employee.
  • You need to look at your long-term vision, if running a business is not your long-term vision then you would need to look at closing down the company.

P.S. If you find this content useful, we do provide tailored professional advice on your personal or business tax matters. If you are interested, please book me in via the link so we can arrange a chat: https://hannah-xu.youcanbook.me

Learn the Basics of Inheritance Tax

This week, I would like to tell you a bit more about inheritance tax. In previous weeks, we talked about how you can make the most of tax breaks on a general level. This week, join me in understanding how inheritance tax (IHT) works.

It is not easy for us to talk about morbidity and death, but the best way to leave your family members free of debt and finance-related stress is to plan for it. Inheritance planning is essential for the financial and general well-being of those you leave behind. My guest expert this week was Aidan Dow and owner of Aidan Dow Wealth Management. Aidan introduced the three basics of inheritance tax. They are:

  1. Wills and Inheritance Distribution

Over 60% of the UK population does not have a will. This figure is concerning considering that wills form the basis of inheritance planning. It ensures only those you want to inherit your property do so. It also allows you to redirect your property to take advantage of tax breaks.

  1. Nil Rate Band

Nil rate bands refer to the value of a property that is tax-free. For inheritance, this band stands at £325,000. If your estate is valued at below this figure, you do not have to pay inheritance tax. Every pound above this amount is taxed at 40%.

  1. Gifting Assets

You can avoid IHT by understanding how potentially exempt transfers work. These transfers apply to assets you gift to others, but under the seven-year rule. Under this rule, such assets will not be counted as part of your estate only if you are alive seven years after gifting them. They then fall under the property of the people you passed them to.

However, gifting assets such as cash as wedding presents or charity donations automatically mitigates or eliminates the IHT on your estate.

  1. Married couples

Transferring assets between married couples triggers no taxable gain. In some cases, individuals may want to leave the assets to the surviving spouse. It triggers no IHT at the first death, but it may trigger higher IHT at the second death as the nil rate band for the first death was wasted. Therefore, it worth noting that you may wish to consider ways to fully utilize the nil rate band to save £130,000 worth inheritance tax.

Of course, IHT has many other facets; these are just the basics. Follow our future blogs to get the latest on the more technical side of IHT in the coming weeks.

P.S. If you find this content useful, we do provide tailored professional advice on your personal or business tax matters. If you are interested, please book me in via the link so we can arrange a chat: https://hannah-xu.youcanbook.me