The CIOT has warned that some claims being made by firms offering help with Stamp Duty Land Tax (SDLT) refunds are too good to be true.

The CIOT says an increasing number of firms are contacting buyers of properties after completion of a purchase, suggesting that SDLT has been overpaid.

The most common issues raised are that multiple-dwellings relief (MDR) has not been claimed or that the buyer could have paid non-residential rates of SDLT (which are generally lower than residential rates) because the property was a mixture of residential and non-residential land.

The CIOT said:

‘SDLT is complicated and sometimes reliefs are overlooked, so it can be worth revisiting transactions if a letter is received.

‘However, many unsolicited approaches are indeed too good to be true and responsible taxpayers should act with caution and check independently whether a refund is due.

‘The suggested fee arrangements can also seem attractive as it appears that the claims are made on a ‘no win no fee’ basis. But it is important to remember that receiving a refund is not necessarily a win as HMRC may revisit the claim and deny that it was valid. In these circumstances, the fee may already have been paid.’

Internet link: CIOT

HMRC has published a policy paper outlining the forthcoming changes to the penalties for late payment and interest harmonisation for taxpayers.

The government intends to reform sanctions for late submission and late payments to make them ‘fairer and more consistent across taxes’. Initially the changes will apply to VAT and Income Tax Self Assessment (ITSA).  

The changes will see interest charges and repayment interest harmonised to bring VAT in line with other tax regimes, including ITSA.

Under the new regime, there are two late payment penalties that may apply: a first penalty and then an additional or second penalty, with an annualised penalty rate. All taxpayers, regardless of the tax regime, have a legal obligation to pay their tax by the due date for that tax. The taxpayer will not incur a penalty if the outstanding tax is paid within the first 15 days after the due date. If tax remains unpaid after day 15, the taxpayer incurs the first penalty.

This penalty is set at 2% of the tax outstanding after day 15.

If any of the tax is still unpaid after day 30 the penalty will be calculated at 2% of the tax outstanding after day 15 plus 2% of the tax outstanding after day 30. If tax remains unpaid on day 31 the taxpayer will begin to incur an additional penalty on the tax remaining outstanding. This will accrue at 4% per annum.

HMRC will offer taxpayers the option of requesting a Time To Pay arrangement which will enable a taxpayer to stop a penalty from accruing by approaching HMRC and agreeing a schedule for paying their outstanding tax.

For VAT taxpayers, the reforms take effect from VAT periods starting on or after 1 April 2022. The changes will take effect for taxpayers in ITSA from accounting periods beginning on or after 6 April 2023 for those with business or property income over £10,000 per year (that is, taxpayers who are required to submit digital quarterly updates through Making Tax Digital for ITSA).

For all other ITSA taxpayers, the reforms will take effect from accounting periods beginning on or after 6 April 2024.

Internet link: GOV.UK

Public trust in charities has reached its highest level since 2014, according to research published by the Charity Commission.

An independent study showed that people’s trust in charities scored an average of 6.4 out of 10, up from 6.2 a year ago and significantly higher than the low of 5.5 recorded in 2018. The highest figure to date is 6.7 out of 10, recorded in 2014.

The Commission said the uplift may be linked in part to the coronavirus (COVID-19) pandemic, and charities’ visible role in responding to the national crisis, notably in areas such as food poverty and support for NHS workers and other key workers.

Helen Stephenson, Chief Executive of the Charity Commission, said:

‘It is vital that we learn the right lessons from this research. The pandemic has been a momentous event in our collective experience, with charities proving their value time and again.

‘But it has not changed people’s fundamental expectations of charity. More than ever, people need evidence that charities are not ends in themselves, but vehicles for making the world a better place, both through what they achieve, and the values they live along the way.’

Internet link: Public trust in charities 2021: web version

According to the latest figures from Action Fraud the average loss from pension scams has reached £50,949 this year.

That is more than double the typical figure of £23, 689 reported last year.

Action Fraud said the losses in each case ranged from less than £1,000 to as much as £500,000, and the real figures could be higher as many scams go unreported.

Mark Steward, the Executive Director of Enforcement and Market Oversight at the Financial Conduct Authority (FCA), said:

‘Fraudsters will seek out every opportunity to exploit innocent people, no matter how much they have saved.

‘Check the status of a firm before making a financial decision about your pension by visiting the FCA register. Make sure you only get advice from a firm authorised by the FCA to provide advice, before making any changes to your pension arrangements.’

The FCA highlighted five common warning signs:

• Being offered a free pension review out of the blue
• Being offered guaranteed higher returns
• Being offered help to release cash from your pension, even though you are under 55
• High-pressure sales tactics – scammers may try to pressure you with ‘time-limited offers’ or send a courier to your door to wait while you sign documents
• Unusual investments which tend to be unregulated and high-risk.

More information on how to avoid pension scams is available from the FCA at https://www.fca.org.uk/scamsmart/how-avoid-pension-scams

Internet link: FCA news

HMRC has updated the guidance on salary sacrifice.

HMRC has removed the guidance on ‘Salary sacrifice arrangements set up before 6 April 2017’ as the transitional arrangements for calculating the value of the benefit came to an end on 5 April 2021.

A salary sacrifice arrangement is an agreement to reduce an employee’s entitlement to cash pay, usually in return for a non-cash benefit.

Employers can set up a salary sacrifice arrangement by changing the terms of the employee’s employment contract. The employee needs to agree to this change.

The impact on tax and National Insurance contributions payable for any employee will depend on the pay and non-cash benefits that make up the salary sacrifice arrangement.

An employer needs to pay and deduct the right amount of tax and National Insurance contributions for the cash and benefits they provide.

For the cash component, that means operating the PAYE system correctly via payroll.

For any non-cash benefits, an employer will need to work out the value of the benefit.

If an employer sets up a new salary sacrifice arrangement, they will need to work out the value of a non-cash benefit by using the higher of the:

• amount of the salary given up
• earnings charge under the normal benefit in kind rules.

For cars with CO2 emissions of no more than 75g/km, employers should always use the earnings charge under the normal benefit in kind rules.

Please contact us if you are considering setting up salary sacrifice arrangements to ensure these are effective.

Internet link: GOV.UK Salary sacrifice