From April 2016, rules are introduced which require companies to keep a register of people with significant control (PSC register). In addition, the details of people with significant control (PSCs) will have to be filed with Companies House from 30 June 2016.

A PSC is defined as an individual that:

• holds, directly or indirectly, more than 25% of the shares or voting rights in the company; or
• holds the right, directly or indirectly, to appoint or remove a majority of the board of directors of the company; or
• has the right to exercise, or actually exercises, significant influence or control over the company; or
• where a trust or firm would satisfy any of the above conditions, any individual that has the right to exercise, or actually exercises, significant influence or control over the activities of that trust or firm.

The details of the individuals which need to be entered on the PSC register include:

• name and address
• usual residential address, country of residence and nationality
• date of birth
• date when they became a PSC
• the nature of their control over the company.

Failure to comply with the requirements of the PSC regime could lead to the company or directors, or identified PSCs committing a criminal offence. The company and its directors could face a fine or imprisonment or both.

Further guidance can be found on the Companies House website or please contact us for more guidance in this area.

Internet link: Companies House

A tribunal has ruled that security firm G4S cannot reduce its profits for tax purposes by deducting parking fines.

The company, G4S Cash Solutions, tried to reduce their corporation tax bill by approximately £580,000 but the first-tier tribunal has ruled in HMRC’s favour in rejecting the claim for the deduction of the fines.

The company G4S incurred a substantial amount of parking fines usually while delivering consignments of cash over the pavement. The business tried to claim these were a business expense and so could be used to reduce the company’s profits for tax purposes.

The tribunal ruled G4S staff consciously and deliberately decided to break parking restrictions for commercial gain.

The ruling upholds HMRC’s long standing view that fines for breaking the law cannot be used to reduce a tax bill.

HMRC’s Director General of Business Tax, Jim Harra, said:

‘We’ve always said fines incurred for breaking the law are not tax deductible. The tribunal has now established a clear precedent for rejecting any future such claims.’

If you would like advice on calculating your taxable profits and the deductibility of any expenditure please get in touch.

Internet links: Press release Tribunal decision

Yes… It was always going to be our first item of news. We’ve launched our brand spanking new website.

It does more than tell you who we are what we do best and where to find us. It’s a source of business information, management news, useful links to help you, dates to watch out for, quick calculators to save you time and money and links to our social media channels where you can keep up to date on what’s going on first hand.

David Richardson remarked that “the development of the new website has taken over 6 months to complete and was part of the overall rebranding of McGinty Demack which will continue to be introduced throughout the business but was developed as part of the website design. The production of the video was quite a challenge and required more than 1 take to achieve the end result and brought with some laughs. Many people have helped with putting the website together and I would like to take the opportunity to thank them for their efforts”.

We hope you like it and hope that you will let us know on Facebook, Twitter and Google Plus whichever you like.

The National Minimum Wage (NMW) rates will increase from 1 October 2016 as follows:

From 1 April 2016 following the introduction of the National Living Wage all workers aged 25 and over are legally entitled to at least £7.20 per hour. Employers should ensure that all affected employees benefit from this new rate from 1 April 2016.

*This apprentice rate is for apprentices aged 16 to 18 and those aged 19 or over who are in their first year. All other apprentices are entitled to the National Minimum Wage for their age.

Internet links: Parliament Living Wage

First Minister Nicola Sturgeon has announced plans that income tax rates in Scotland will be frozen, with no increases in the basic, higher or additional rates. However the significant cuts (reduction in income tax liabilities) which would result from the increases to the higher rate threshold proposed by the UK government would not be adopted in Scotland under the proposals. Their plans are that the higher rate threshold will be frozen in real terms and increased only in line with CPI inflation in 2017/18 and by no more than inflation until 2021/22.

The exact level of the higher rate threshold will be set out each year by the Scottish Government at the budget.

The Scottish Government’s believe their proposals are a more balanced approach which ‘will be fair to higher rate taxpayers while also generating additional revenue to be invested in Scotland’s public services such as the NHS’.

Under the proposals, the Scottish Government will ensure a Personal Allowance of £12,750 in 2021/22. If necessary, the Scottish Government will create a zero rate band to ensure that this protection for low income households is delivered.

Alongside the tax proposals, the First Minister published Scottish Government analysis that demonstrated any increase in the additional rate for top earners; whilst the UK rate remains at 45p; could put millions of pounds of revenue at risk. Accordingly, she confirmed that the additional rate will not increase in 2017/18, but that the analysis will be updated each year to inform decisions in future budgets.

Nicola Sturgeon said:

‘In setting out our proposals we have balanced the need to invest in and support our public services with a recognition that many households are still facing difficult economic challenges, and with the need to grow the Scottish economy.

We will not allow our public services to pay the price of an inflation busting tax decrease for the highest earning 10% of the population. We think that is the wrong choice and today we set out our alternative.

We will freeze the basic rate of tax for the duration of the next parliament. We do not believe it is right that those on low incomes are asked to pay for austerity. That does not tackle austerity, it simply shifts the burden to those who can least afford it.

No taxpayer will see their bill increase as a result of these Scottish Government proposals.

In 2017/18, instead of offering a large tax cut we will ensure the higher rate threshold rises only by inflation.

That means next year the threshold for higher rate taxpayers will go from £43,000 to £43,387′.

These proposals would introduce a difference between the amount of income tax payable by higher and additional rate taxpayers in Scotland to that paid by taxpayers with similar income in the rest of the UK.

Other parties have their own plans for the income tax rules for Scotland.

Internet link: Scotland Gov.News