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Taxation

PAYE Refunds and Underpayments

The Taxman has set his computer the task of recalculating the PAYE paid by many millions of people for the tax year 2010/11 and for the tax years 2003/04 to 2007/08.

The PAYE system does not cope well when an individual has employment or pension income from a number of different sources at the same time. Sometimes the tax free personal allowance gets double counted, or not counted at all. Taxable benefits may get missed or not updated when the value of the benefit changes part way through the year.

From the computer checking those tax calculations it found about 2.3 million people who paid too much tax for 2010/11. Those taxpayers have been receiving letters about tax refunds since July.

The Taxman also plans to send out another 6 million letters about tax refunds due for the earlier tax years: 2003/04 to 2007/08. If you receive a telephone call or email purporting to be from the tax office about a tax refund, DO NOT respond as this will be a criminal scam. Genuine tax refunds will be sent by letter only.

Around 1.2 million people will receive a tax computation (form P800) telling them they have underpaid tax for the tax year 2010/11. The average amount owing is £600. Where the tax due is less than £3,000 it will be collected through the taxpayer’s PAYE for 2012/13. If you have underpaid tax of less than £3,000, the amount due will be deducted in instalments from your monthly salary or pension in the year starting 6 April 2012. Only where the amount due is £3000 or more will you be sent a tax demand, but you will still be given a reasonable time to pay.

We can help you check the P800 tax calculation, but please send us a copy of all the forms you receive from the Tax Office, as we may not get a copy directly.

Reclaiming VAT
Before you can reclaim VAT on goods and services you have bought you need to check the following:

1. The purchase was for business purposes – not for your personal needs.
2. The purchase is not a type that is ‘blocked’ for VAT reclaims, such as entertaining expenses.
3. You have a valid VAT invoice.

A valid VAT invoice should include all of the following details:

- The supplier’s name, address and VAT registration number.
- Unique invoice number for that supplier.
- The name and address of the person to whom the goods are supplied (this will be your business).
- Date of issue of the invoice and time of supply of the goods or services (this may be the same as the date of issue).
- A description of the goods or services supplied including:
•The unit price
•The rate of VAT charged
•The amount payable excluding VAT
- The total amount payable for the whole invoice excluding VAT.
- Rate of any discount available.
- Total amount of VAT charged.

Retailers can issue less detailed invoices for purchase of up to £250, but that invoice must still show key details such as the name, address and vat number of the supplier, nature of the goods and the rate of VAT applicable.

Be careful not to mistake any of the following documents for a valid VAT invoice:
• Supplier statement;
• Delivery note;
• Request for payment; or
• Pro-forma invoice.

Monthly tax question answered:

Q. The Taxman has hit me with a huge penalty for paying my company’s PAYE late in 2010/11. But I’ve always paid my PAYE on time. What’s going on?

A. PAYE deductions paid late to the Tax Office (HMRC) from 19 May 2010 attract automatic penalties. ‘Late’ means the cheque reached HMRC after the due date of 19th of the month or the electronic payment cleared the HMRC bank account after 22nd of the month or the last banking day before that. The HMRC bank accounts do not accept ‘faster payments’, which clear through most bank accounts in 4 hours. HMRC needs 3 working days to accept an electronic payment. You should have received a warning letter about your first late payment in 2010/11. If you believe you had a reasonable excuse for paying late you should appeal against the late payment penalty.

Tax Information supplied to LandlordZONE by TWDAccountants – http://twdaccounts.co.uk

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Nationwide: House Prices Now Less Than 10% Below Their 2007 Peak

  • House prices increased by 0.5% month-on-month in May
  • Annual rate of price inflation drops from 10.5% to 9.8%
  • Prices up 12.2% since February 2009 trough
Headlines April 2010 May 2010
Monthly index * Q1 ’93 = 100 334.0 336.0
Monthly change* 1.1% 0.5%
Annual change 10.5% 9.8%
Average price £167,802 £169,162

* seasonally adjusted

Commenting on the figures Martin Gahbauer, Nationwide’s Chief Economist, said:

“The price of a typical UK property rose by a seasonally adjusted 0.5% month-on-month (m/m) in May, following a 1.1% increase in April. The smoother 3 month on 3 month rate of increase rose from 1.1% in April to 1.7%, as February’s fall in house prices dropped out of the most recent three month average. The annual rate of house price inflation dropped from 10.5% to 9.8%, which reflects the weaker pace of increase in May 2010 relative to May 2009. Since reaching a trough in February 2009 – following a drop of 19.3% from their October 2007 peak – house prices have risen by 12.2% and are now just 9.5% below the October 2007 peak.

“Housing market conditions remain characterised by thin transaction volumes and a relative scarcity of properties for sale, despite a slow return of more sellers in recent months. The current supply-demand balance on the market is still consistent with relatively stable to modestly upward trending prices.”

Impact of capital gains tax changes on house prices depends on timing of implementation

“The coalition agreement between the Conservatives and Liberal Democrats contains plans to increase the rate of capital gains tax (CGT) charged on the disposal of non-business assets, potentially including second homes and buy-to-let investment properties. Currently the CGT rate on such assets is 18%, and the coalition plans are to raise the rate to a level “similar or close to those applied to income.” Precise details, however, will not be known until the Emergency Budget announcement on 22 June.

“With regard to what the short-term impact will be on the housing market and house prices, the key question is around the timing and implementation of any CGT increase. If there is a significant time lag between the announcement of the increase and its actual implementation, then some second home owners and buy-to-let landlords may decide to sell in advance of the higher rate being introduced. Such a development could lead the supply-demand balance to shift more in favour of buyers and relieve the current upward pressure on house prices. However, it is difficult to know with any precision how many people would bring forward a decision to sell.

“The incentive to try to beat the higher tax rate is most pressing for those who have owned their properties for a relatively long period of time and therefore have relatively large unrealised gains. Conversely, those who bought their second homes or investment property within the last five years have little incentive to sell early in order to beat the tax change. House prices have only risen back to their mid-2006 level and the first £10,100 of capital gains is currently tax free.

“If the new rate comes into effect immediately on 22 June, then supply conditions are unlikely to be affected materially as any potential sellers would not have time to react.

“There are some examples of where tax changes have had a significant short-term impact on the housing market. Most prominent was the March 1988 announcement to end double Mortgage Interest Relief At Source (MIRAS) for cohabiting couples. The implementation of the tax change was postponed until August of that year, which prompted a rush of buyers to try to beat the deadline. The result was a temporary surge in property values, with house prices increasing by 18% between Q1 1988 and Q3 1988 alone.

“However, the most recent change in CGT rates announced in the 2007 Pre-Budget Report did not have any discernable impact on the supply of property on the market. At the time, the existing CGT rates of 24-40% – depending on taper relief and income status – were cut to a flat rate of 18%. New instructions to sell property remained very low even after the tax changes were introduced, although this may also have been due to the very weak market conditions prevailing at the time.”

Monthly UK House Price Statistics

Monthly % Change Seasonally Adjusted 3 month on 3 month % change Annual % Change Average Price
May-08 -3.0 -3.3 -4.4 173,583
Jun-08 -1.1 -4.3 -6.3 172,415
Jul-08 -1.9 -5.4 -8.1 169,316
Aug-08 -2.2 -5.4 -10.5 164,654
Sep-08 -1.8 -5.6 -12.4 161,797
Oct-08 -1.4 -5.4 -14.6 158,872
Nov-08 -0.1 -4.8 -13.9 158,442
Dec-08 -2.5 -4.2 -15.9 153,048
Jan-09 -1.3 -3.7 -16.6 150,501
Feb-09 -1.5 -4.4 -17.6 147,746
Mar-09 1.2 -3.6 -15.7 150,946
Apr-09 -0.3 -2.5 -15.0 151,861
May-09 1.2 -0.1 -11.3 154,016
Jun-09 1.0 1.1 -9.3 156,442
Jul-09 1.4 2.6 -6.2 158,871
Aug-09 1.4 3.2 -2.7 160,224
Sep-09 0.9 3.8 0.0 161,816
Oct-09 0.6 3.5 2.0 162,038
Nov-09 0.6 2.9 2.7 162,764
Dec-09 0.6 2.3 5.9 162,103
Jan-10 1.3 2.1 8.6 163,481
Feb-10 -1.0 1.7 9.2 161,320
Mar-10 1.0 1.6 9.0 164,519
Apr-10 1.1 1.1 10.5 167,802
May-10 0.5 1.7 9.8 169,162


 

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Stamp Duty – Change demanded by property experts

Industry heavyweights have added their support to the 1808 Coalition, set up by the National Association of Estate Agents (NAEA) and the Association of Residential Lettings Agents (ARLA) to campaign for the Government to modernise Stamp Duty.

1808 Coalition partners are:

• Association of Mortgage Intermediaries (AMI)

• Association of Residential Lettings Agents (ARLA)

• Building Societies Association (BSA)

• Council of Mortgage Lenders (CML)

• Home Builders Federation (HBF)

• National Association of Estate Agents (NAEA)

• National Landlords Association (NLA)

Peter Bolton-King, Chief Executive of the NAEA, said: “The Coalition believes that Stamp Duty is an anachronistic tax which, in its current form, is preventing a recovery in the housing sector – it limits market flexibility, creates regional inequality and its slab structure unfairly distorts the housing market. With the Pre Budget Report due soon, now is the time for the Government to take action.”

The current Stamp Duty “holiday” for properties lower than £175.000 is due to expire at the start of 2010 but in a recent survey by the NAEA, 91 per cent of estate agents surveyed felt that it should be extended. 86 per cent of those surveyed felt that the tax is unfair.

Ian Potter, Operations Manager of ARLA said: “Not only does Stamp Duty prevent those aspiring to own a home from doing so, it also impacts the whole property chain. For ARLA members, this means having to pay Stamp Duty on the bulk price of a portfolio, when individual buy-to-let investors pay a lower rate on the single unit price.”

Robert Sinclair, Director of the AMI, said: “It is rare that the breadth of our industry comes together with such consensus on an issue. But the current Stamp Duty regime is distorting the market to such an extent that we feel compelled to speak out. The Association of Mortgage Intermediaries is fully committed to supporting this industry campaign to reform the regime. We implore the Government to not only listen but, to act in support of our request for change to this damaging tax.”

John Stewart, HBF’s Director of Economic Affairs, said: “It is imperative that the first signs of market stabilisation that have emerged in recent months, and which have allowed home builders to begin tentatively opening new sites and expanding output and employment, are nurtured. The Government’s stimulus measures for housing, including the raised stamp duty threshold, have played a significant part in this stabilisation and it is vital that they are not removed at this still fragile stage, either in total or in part.”

Adrian Coles, Director General, BSA, said: “The current Stamp Duty system in the UK is archaic and in desperate need of reform and modernisation. A fairer and transparent system is needed that doesn’t discriminate against young and first time home buyers, and promotes an effective housing market.”

Michael Coogan, Director General, CML, said: “We urge the government to announce a comprehensive and long-overdue review of Stamp Duty. Reform is needed of a tax that distorts the housing market.”

David Salusbury, Chairman, NLA, said: “Stamp Duty Land Tax is a pernicious tax which has failed to keep pace with house price appreciation. It creates an unbalanced housing market and discourages investment in housing. Reform is needed now.”

Anyone wishing to register comments on the campaign, or on Stamp Duty, should visit: http://www.nfopp.co.uk/1808

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Stamp Duty return could have detrimental effect on regional housing market recovery – RICS

A return to the previous bands for stamp duty, when the current holiday is due to end on the 31st December 2009, could have a detrimental effect on the recovery of the housing market in regions that are already lagging behind, according to the latest research from RICS.

More surveyors in the West and East Midlands, Wales and Scotland believe that they will see a drop in activity in 2010 following the end of the stamp duty holiday for properties priced between £125k and £175k at the end of the year. Tellingly more surveyors in Wales and the East Midlands were still seeing price falls rather than rises in the last housing market survey. Meanwhile in the West Midlands, only 3 percent more surveyors saw prices rising in October.

Overall, however, the majority of Chartered Surveyors are not expecting the end of the stamp duty holiday to have a distorting effect on the housing market despite the benefit it has provided first-time buyers. Unsurprisingly it is those working in London and the South East who overwhelmingly agree that it is not forcing more houses onto the market now, and will not lead to a drop in activity once the old system is re-introduced. However, this is more a reflection on the fact that the holiday has had limited impact in these regions as the average house price is well above that of the stamp duty threshold.

Similarly in the North, where the average price is well below the threshold at £116,051, there is less concern about the impact of the end of the stamp duty holiday. However the regions that are most concerned about the impact are those whose average prices sit well within the margins that are directly affected by the holiday. These are the East Midlands (£133,973), the West Midlands (£142,969), Wales (£134,690) and Scotland (£140,175).

At the time of its introduction, we did question how great an impact this policy would have and judging by the fact that only surveyors in certain parts of the country are particularly concerned about the ending of the holiday, it could be said that some areas of the UK hardly even noticed the change.

“However the additional transaction cost is still a worry to many, particularly first-time buyers, and is a threat to the market  in the areas of the country that are still seeing a weak price environment. A return to the status quo will be of benefit to no one, and as such RICS believes that rather than simply reverting back to the old structure for Stamp Duty, the imminent change provides an opportunity for the Government to introduce a wholesale restructuring of the tax. Specifically RICS favours moving from the current slab structure to a marginal system with no homebuyer paying anything on the first £150,000 of their new home.”

Simon Rubinsohn, RICS chief economist

The additional questions asked in the RICS October Housing market Survey were:

  1. Is the planned ending of the Stamp Duty holiday on properties priced between £125K and £175K contributing to the higher level of activity in the housing market?
  2. Do you expect this decision to lead to a drop in activity in the early part of 2010?

Further reading:
RICS has suggested the referenced change to Stamp Duty Land Tax as part of its Pre-Budget Report submission to the Treasury. The full submission is available at http://www.rics.org/externalaffairs

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British Property Federation – Property chiefs call for REITS change in pre-budget report

Real estate investment trusts (Reits) should be allowed to count stock dividends towards their 90 per cent income distribution requirements, say the country’s biggest developers.

The British Property Federation (BPF) has written to the Treasury calling for the amendment to be made in the upcoming pre-Budget report.

The trade body, which represents developers, investors and agents, believes the amendment would help real estate firms conserve cash during the recession and leave them better placed to expand over the coming year.

The federation’s director for finance policy, Peter Cosmetatos, has emphasised that the change would not cost anything to the Exchequer.

In its submission, the BPF says that allowing the amendments would help Reits conserve cash, strengthening their balance sheets and making it easier for them to invest in the current economic climate.

Reits are required to distribute 90% of their property income into the hands of the investors in return for not paying corporation tax. Currently, they can offer shareholders the alternative of taking stock in lieu of a cash dividend. But this does not count toward the 90 per cent distribution requirement, which must be in cash.

John Richards, vice-president of the BPF, said:

“Refinancing by the Reits over the last year has shown strong confidence in the sector and many are now assessing opportunities for new investment. Allowing Reits to have greater flexibility over how they manage their cash will benefit our economy as we begin to see improvements in occupier demand. Without the necessary government support, we could quite possibly see a more serious under-supply in new space, and increased upward pressure on rents, reducing new employment opportunities. This amendment, however, would be a win-win move for the government.”

Peter Cosmetatos, BPF director for finance policy, said:

“This change would allow Reits to manage their way through difficult times while maintaining shareholder value by giving shareholders the option of accepting cash or a stock dividend. We are of course acutely aware of the state of the public finances – but as tax would still be collected when the distribution is made, the Exchequer would not lose out under these proposals.”

Chris Grigg, chief executive of British Land, said:

“Reits are obliged to pay out a higher proportion of profits in cash than other listed companies, so this straightforward amendment would level the playing field, have no downside to Government as tax paid would be the same, while giving REIT investors the choice of leaving cash efficiently in the business. Under the current set-up, Reits and their shareholders are disadvantaged by a legislative approach already deemed ‘unduly cautious’ by the House of Lords Select Committee on Economic Affairs.”

Francis Salway, chief executive of Land Securities and former BPF president, said:

“The Reit legislation has stood up well in the face of the extreme stress testing of recent market conditions, but it is clear that both companies and shareholders could benefit from the increased flexibility of being able to offer stock dividends.”

Ian Coull, chief executive of Segro, the UK’s largest industrial developer, said:

“There would be no loss to the Exchequer as stock issued is taxable in the same way as cash property income is. The benefits of Reits being able to strengthen their own balance sheets, conserve cash and maintain buoyancy, would have positive consequences for the property market and the wider economy.”

For more information, contact Andrew Teacher at the BPF on 07968 124545 / ateacher@bpf.org.uk

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