As part of the Autumn 2024 Budget measures, the government introduced new anti-avoidance provisions to prevent the abuse of the existing close company anti-avoidance rule. The measure will have effect for any tax avoidance arrangements falling within the scope of the announcements that are made on or after 30 October 2024.

The government has said they are introducing this new measure as they have become aware of arrangements using a group of companies or amongst associated companies, so that new loans are made and then repaid in a chain such that no s455 charge arises on the increasing amounts extracted. Chapters 3A and 3B cannot catch the behaviour.

It will be clear under new legislation in Finance Bill 2024-25, that where the TAAR applies (where companies and their shareholders are attempting to avoid the s455 charge on any extractions), tax is payable whether or not there has apparently been a repayment, or a repayment is subsequently made. Section 464B of the CTA 2010, which currently provides relief from the charge in cases where a return payment is made (even if the payment is made for avoidance purposes), will be repealed and relevant amendments will be made to Section 464D.

The 18% and 28% Capital Gains Tax (CGT) rates currently applied to carried interest gains remain unchanged for the current tax year. This charge applies to individuals who provide investment management services to funds and receive carried interest on which they are liable to pay CGT.

However, as announced in the recent Budget, these CGT rates will increase to a single, unified rate of 32% starting on 6 April 2025. Additionally, from April 2026, carried interest will be subject to a broader set of policy changes, with further details to be announced at a later date. These changes are part of a wider reform package targeting the tax treatment of carried interest.

The new Labour Government has committed to reforming this area of taxation. They believe that the current tax regime does not appropriately reflect the economic characteristics of carried interest and the level of risk assumed by fund managers.

According to HMRC, around 3,100 individuals in the investment management sector who receive carried interest and are subject to CGT will be affected. Those impacted will need to ensure they are aware of the new CGT rates on carried interest going forward.

Securing funding for a new startup is one of the most critical steps in ensuring the success of a business venture. However, obtaining financing can often be challenging. For instance, traditional bank loans may not always be an option, or they might require security conditions like a personal guarantee.

One alternative is the government-backed Start Up Loan scheme, which offers personal loans to individuals aiming to start or grow a business in the UK. Those approved for the loan are also matched with a business mentor for a 12-month period. Importantly, this loan is unsecured, meaning there is no need to provide assets or a guarantor to support the application.

Business owners or partners can each apply for loans ranging from £500 to £25,000, with a maximum total loan of £100,000 per business. The typical loan amount is between £5,000 and £10,000. The scheme offers a fixed interest rate of 6% per year, with flexible loan repayment terms of 1 to 5 years. There are no application fees or early repayment penalties.

To apply for the loan, you must meet the following criteria:

• You live in the UK
• You are 18 years of age or older
• You own (or plan to start) a UK-based business that has been trading for less than 36 months.

The mandatory rollout of Making Tax Digital (MTD) for Income Tax is set to begin in April 2026. MTD for ITSA will bring substantial changes to how businesses, self-employed individuals, and landlords interact with HMRC. The system will require them to register, file, pay, and update their details through an online tax account.

To prepare for the launch of MTD for Income Tax in April 2026, it is essential to start considering the use of accounting software that is compatible with sending updates to HMRC.

You will need to use MTD for Income Tax from 6 April 2026 if all of the following apply, you:

• are an individual registered for self-assessment;
• get income from self-employment or property, or both, before 6 April 2025; or
• have a qualifying income of more than £50,000 in the 2024 to 2025 tax year.

MTD for Income Tax will then be extended to those with an income between £30,000 and £50,000 from 6 April 2027.

It was announced as part of the Budget measures that MTD for Income Tax will be extended to sole traders and landlords with income over £20,000 by the end of the current Parliament. The precise timing of this change has yet to be confirmed.

Despite an appeal, the Courts recently found against Bolt in relation to their attempts to evade the statutory entitlements of their drivers to a minimum wage and holiday pay.  The ruling confirms that 10,000 Bolt drivers employed on what was erroneously conceived to be an ‘agency arrangement’ as freelance contractors are indeed entitled to minimum pay, sick leave and paid vacations.

Under the Employment Rights Act 1996, National Minimum Wage Act 1998, National Minimum Wage Regulations 2015, and the Working Time Regulations 1998, Bolt’s drivers were considered by the Courts to be ‘exclusive’ employees unless they also drove for other ride-hailing apps or were part of the ‘Link’ scheme.  Bolt’s contention of self-employment was refuted based on its contractual control over their livelihoods and the absence of any valid notion of ‘free agency’. The Courts gave Bolt a scathing rebuke for the fictional nature of its contract that sought to deny any employer-worker relationship with the drivers.

Once again, the attempt to cut costs and responsibilities by creating sham contracts inferring that long-term employees are part-time freelancers has backfired. This ruling reaffirms that such sham contracts are no longer acceptable in the UK and that any employers operating under this attempted abrogation of responsibilities will find themselves on thin ice at tribunals. If you are currently employing any staff on zero-hours contracts or on an extended contractual freelance basis, you are advised to seek legal advice.

Determining an acceptable level of pension income for retirement depends on individual circumstances, including lifestyle expectations, health, and financial commitments. However, several guidelines and studies provide benchmarks to assist in planning.

Retirement Living Standards

The Pensions and Lifetime Savings Association (PLSA) outlines three retirement living standards in the UK:

• Minimum Lifestyle: Covers essential needs with some social activities. As of 2024, a single person requires £14,400 annually, while a couple needs £22,400.
• Moderate Lifestyle: Offers more financial flexibility, including short-haul holidays and increased leisure activities. This standard suggests £31,300 per year for singles and £43,100 for couples.
• Comfortable Lifestyle: Allows for luxuries such as long-haul travel and a new car every five years. The recommended income is £43,100 annually for singles and £59,000 for couples.

Average Retirement Incomes

According to government data, the average weekly income for pensioners in 2023 was £267, equating to approximately £13,884 per year. This figure varies regionally, with higher living costs in areas like London potentially reducing disposable income.

Gender Disparities

Studies indicate a gender gap in retirement incomes. Women are projected to receive an average of £12,000 annually, compared to £17,000 for men. This 33% disparity highlights the need for targeted financial planning, especially for women.

Replacement Ratio

A common measure is the replacement ratio, which is the percentage of pre-retirement income needed to maintain lifestyle post-retirement. Typically, replacing 60% to 80% of pre-retirement income is recommended. However, the average retirement income often falls short of this benchmark, underscoring the importance of personalized retirement planning.

State Pension

The UK State Pension provides a foundational income. As of April 2024, the full new State Pension is £221.20 per week, totalling £11,502.40 annually. Eligibility depends on an individual’s National Insurance record, with 35 qualifying years required for the full amount.

Planning Considerations

To achieve a desired retirement income:

• Assess Lifestyle Needs: Determine the lifestyle you wish to maintain and estimate associated costs.
• Calculate Required Income: Use tools like the MoneyHelper pension calculator to estimate the income needed to support your desired lifestyle.
• Review Pension Savings: Evaluate your current pension savings and contributions to ensure they align with your retirement goals.
• Seek Professional Advice: Consulting a financial adviser can provide personalized strategies to optimize retirement income.

In summary, while benchmarks offer general guidance, an acceptable pension income is highly individual. Regularly reviewing and adjusting your retirement plan is essential to meet your specific needs and aspirations.

New proposals to crack down on subscription traps, have been unveiled by the Department for Business and Trade as the government launches a consultation on measures to make it easier for consumers to get a refund or cancel unwanted subscriptions.

“Subscription traps” are instances where consumers are frequently misled into signing up for a subscription through a “free trial” or reduced price offer. In some cases, if the consumer does not cancel the trial within a set amount of time, they are often automatically transferred to a costly subscription payment plan.

It comes as new figures reveal consumers are spending billions of pounds each year on unwanted subscriptions due to unclear terms and conditions and complicated cancellation routes. Nearly 10 million of 155 million active subscriptions in the UK are unwanted, costing consumers £1.6 billion a year.

Subscriptions can be for anything from magazines to beauty boxes, with many subscriptions having complicated or inconvenient cancellation processes such as phone lines with long waits and restrictive opening hours that can leave consumers feeling trapped.

The consultation sets out proposals to make the refunds and cancellation processes simpler, with a requirement on retailers for greater transparency on their subscription programmes in a way that is proportionate to balance consumer rights without placing unnecessary burdens on businesses.

Capital allowances enable businesses to claim tax relief on certain capital expenditures. Different rules apply to various types of capital expenditure, and the amount you can claim depends on the specific capital allowance you use. If an item is eligible for more than one type of capital allowance, you can choose which to apply.

The main capital allowances currently available are:

• Annual Investment Allowance (AIA) – The AIA is available to all businesses (companies, sole-traders and partnerships) regardless of size. The AIA allows businesses to write off 100% of the cost of qualifying Plant & Machinery (P&M), up to the allowed maximum, against taxable profits. You can claim up to £1 million on qualifying purchases.
• Full expensing and 50% First Year Allowances – The full expensing measure currently applies from 1 April 2023 until 31 March 2026 and allows companies to claim 100% capital allowances on qualifying plant and machinery investments. Under full expensing, for every pound a company invests, their taxes will be cut by up to 25p. For “special rate” expenditure, which does not qualify for full expensing, a 50% FYA can be claimed instead. 
• Writing down allowances – For P&M expenditure that exceeds the AIA or does not qualify for a FYA. You can claim these allowances if your plant and machinery does not qualify for AIA, or you have already claimed the maximum amount. This relief is based on the cost of the items in the year they are acquired. A standard 18% writing down allowance is available on qualifying assets. There is a lower rate of 6% available for certain long-life assets and integral features.

A salary sacrifice arrangement involves an agreement by an employee to lower their cash salary in exchange for non-cash benefits. Importantly, this reduction must not bring their earnings below the National Minimum Wage (NMW).

If an employee wishes to join or leave a salary sacrifice arrangement, the employer is required to update their contract, thus ensuring clarity on cash and non-cash entitlements.

Additionally, significant lifestyle changes—such as marriage, divorce, a partner's redundancy or pregnancy—may necessitate adjustments to the arrangement, allowing employees to opt in or out.

The following benefits are currently exempt from Income Tax or National Insurance contributions and do not need to be reported to HMRC:

• payments into pension schemes;
• employer provided pensions advice;
• workplace nurseries;
• childcare vouchers and directly contracted employer provided childcare that started on or before 4 October 2018; and
• bicycles and cycling safety equipment (including cycle to work schemes).

In some circumstances when a salary sacrifice is tax-free, for example, swapping salary for an employer contribution to a pension scheme, the reduction in salary will reduce an employers’ NIC charge.

The current tax benefits for the letting of properties as short-term holiday lets (known as Furnished Holiday Lets – FHL) is to be abolished from April 2025. The changes will take effect on or after 6 April 2025 for Income Tax and for Capital Gains Tax and from 1 April 2025 for Corporation Tax and for Corporation Tax on chargeable gains.

The changes will remove the tax advantages that current FHL landlords have received over other property businesses in four key areas by:

• applying the finance cost restriction rules so that loan interest will be restricted to basic rate for Income Tax;
• removing capital allowances rules for new expenditure and allowing the replacement of domestic items relief;
• withdrawing access to reliefs from taxes on chargeable gains for trading business assets;
• no longer including this income within relevant UK earnings when calculating maximum pension relief available.

After the repeal, properties previously classified as FHLs will be integrated into the individual's UK or overseas property business and will be governed by the same rules as non-FHL property businesses.

An anti-forestalling rule also prevents individuals from gaining a tax advantage by entering into unconditional contracts to claim capital gains relief under the current FHL rules. This provision applies from 6 March 2024, the date the measure was first announced.

The removal of the special tax regime for holiday lets is expected to have a significant impact on many involved in the short-term holiday rental market in the UK.

The limit on Income Tax reliefs has applied since 6 April 2013. This measure was the first time a limitation to existing reliefs had been introduced.

The cap is set at the greater of 25% of income or £50,000. This limit applies to the total amount of relevant reliefs claimed in a tax year and is calculated individually for each tax year in which relief is claimed.

The main reliefs subject to this limit are:

• trade loss relief against general income and early trade losses relief claimed on the self-employment, Lloyd’s underwriters or partnership pages;
• property loss relief (relating to capital allowances or agricultural expenses) claimed on the UK property or foreign pages;
• post-cessation trade relief, post-cessation property relief, employment loss relief, former employees deduction for liabilities, losses on deeply discounted securities and strips of government securities claimed on the additional information pages;
• share loss relief, unless claimed on Enterprise Investment Scheme (EIS) or Seed Enterprise Investment Scheme (SEIS) shares claimed on the capital gains summary pages; and
• qualifying loan interest.

The limit applies in addition to other provisions that restrict the amount of relief that can be used to reduce total taxable income for the year. The limit does not affect the amount of trading losses which may be claimed against capital gains.

HMRC’s guidance explains, with supporting examples, how the limit is calculated, the measure of income used to calculate the limit, which reliefs are subject to the limit, and how different circumstances are treated. As the 2024-25 tax year begins to draw to a close, taxpayers should seek to ensure that wherever possible, they structure their finances to avoid the cap.

If you believe you have overpaid tax to HMRC, you can typically claim a tax refund for the excess amount. The process for making a claim varies depending on factors such as whether you submit a self-assessment return and how much time has passed since the tax was overpaid.

According to HMRC you may be able to claim a refund if you have paid too much tax on:

• pay from a job
• job expenses such as working from home, fuel, work clothing or tools
• a pension
• a self-assessment tax return
• a redundancy payment
• UK income if you live abroad
• interest from savings or payment protection insurance (PPI)
• income from a life or pension annuity
• foreign income
• UK income earned before leaving the UK

An online tool to help assist in claiming a tax refund is available at https://www.gov.uk/claim-tax-refund/y

Claims can usually be backdated for up to four years after the end of the tax year. This means that claims can still be made for tax refunds dating back as far as the 2020-21 tax year which ended on 5 April 2021. The deadline for making claims for the 2020-21 tax year is 5 April 2025.

If you need any assistance in making a claim for overpaid tax, we are here to help.