Friday 23 September 2011

Tax strategies for contractors and directors

Following on from our earlier post on current tax strategies we have set out an overview of an opportunity for contractors together with a variation on this which is available to directors. We would again stress that this is about understanding your options and the associated risks. In short we would rather you hear about these opportunities from us and have a sensible discussion about whether they fit your circumstances. The area around contractor solutions is complex which has not been helped by the huge amount of misinformation that exists in this market place and historically commercial solutions that simply don't work. 

Contractor Solutions- for individuals providing personal services. Equivalent monthly contract value in excess of £4,000. Indicatively the net funds available to workers will be between 82 to 84%

Contractor Solutions for directors for individuals in owner managed companies currently providing services to the company as a director, there is an opportunity to provide services in the form of consultancy. Equivalent monthly contract value in excess of £5,000. There is a substantive process which can deliver significant long-term benefits to the individual and the company. Indicatively the net funds available to workers will be between 80 to 82%.

Please contact us if you would like to know more.

Thursday 22 September 2011

Tax Strategies and Structures

Now that the last Finance Bill has received Royal Ascent it is noticeable that a number of new tax strategies have been released. The new disguised remuneration legislation brought an end to many strategies that had been around for some while. The longer a tax strategy is around the more likely there is to be copycat solutions. This new legislation is both long and complex and more particularly has been spectacularly poorly drafted. This has meant that it has been difficult to unwind existing structures caught by the new legislation and gain any certainty in the interpretation of that legislation as it impacts on current transactions, both those which are simply undertaken in the normal course of business and those that could be seen as part of a more aggressive tax strategy.  

Our objective is to ensure that clients are fully informed of their tax options so that they can make informed decisions. It is not our role to second guess what our clients want to do. What we can do when looking at any tax planning is to assess both the commercial and tax risks associated with it and to assist the client in understanding whether the tax planning meets their needs. The truth is that some tax planning, from that perceived as low risk through to the more aggressive high risk strategies, is poorly thought through and even more poorly implemented.

That is not to say that there are not some very effective tax solutions available which are not only robust in their structure but also rigorous in their implementation. Even in these circumstances it must be assumed that HMRC will enquire into any tax planning and therefore it is vital that those providing a solution also have the skills, resources and the will to defend their planning. The fact is that it can take many years for an enquiry to be closed. This extended open enquiry period is in part a result of the complexity of the tax legislation and the shortage of resources available to HMRC, and if one were cynical there is little incentive for HMRC to close a case where it is not certain of winning the argument as it creates uncertainly in the minds of the taxpayer and may dissuade them in carrying out any new planning.  Danny Alexander's announcement this week suggests that HMRC will increase its focus in this area backed by greater resource.  

There may be new opportunities out there that fit with your own needs but after reviewing your options the answer may simply be to do nothing. Over the next few days we will provide details of the tax strategies that we are familiar with and which meet our own internal quality and risk assessment.

VAT initiative campaign

A business has until 30 September 2011 to tell HMRC that it should have been VAT registered at an earlier date and as a result be able to take advantage of a late registration penalty that is likely to be capped at 10% of the tax unpaid during the late period.

A business has then until 31 December 2011 to send the completed VAT registration form (VAT 1) to HMRC, while the online registration is not open to those taking part in the VAT initiative.