Soft landing for UK land tax return

This covers disposals of UK property and applies where exchange of contracts on or after 6 April 2020. There is a requirement to file a return and pay estimate within 30 days of completion of disposal.

There has been an announcement of a soft landing, so no automatic penalties for late filing for returns as long as they are in fact filed by 31 July 2020

Late payment interest will still run from the statutory date of 30 days after exchange of contracts

Note that this does not cover most property transactions as there is no requirement to make return if not tax payable. This would be the case where

  • the gain is exempt, for example for a main residence
  • the gain falls within the annual exemption
  • the gain is covered by losses
  • etc

Covid tax measures

Updated 9 June: Self Employed Income Support Scheme and temporary zero rating of PPE

A summary of where we are

These notes apply to England, some of the rules are devolved to other parts of the UK.

Job retention scheme (‘furlough’)

A payment of 80% of salary originally for 3 months. This only relates to the current crisis. Start date is 1 March 2020. See update below for claims from July.

  • Government pay a taxable grant
  • must have been in employment on 28 February 2020
  • if acted early and already made some redundant can reverse and furlough
  • if off under SSP can leave them on SSP and when this ends can furlough
  • for zero hour contracts –
    • if has been for 12 months take higher of some month and average over a whole year
    • if not 12 months then average
    • if only a few days then pro rate
    • bonuses etc not included
  • Must pay at least the 80% but employers can decide to pay more
  • for the first period of claim the government will pay lower of
    • £2,500
    • 80% of pay plus employer responsibilities (employer NIC and minimum auto enrolment pension). If 80% is lower than minimum wage that is not changed as not actually working
  • that employee cannot do any work other than some training
  • If the employee has two jobs, one can be under furlough with the other unaffected. Therefore people can have income from other sources
  • Minimum period is 3 weeks
  • Directors cannot technically be furloughed because of duties under Company Law, but it appears that this should not cause a problem if the company is stopping, but further advice may be needed on this
  • Dividends do not count towards the 80% test

Amounts paid under these arrangements do not count as state aid for the purpose of restricting the employment allowance

Update 29 May 2020:

From 1 July 2020, businesses will be given the flexibility to bring furloughed employees back part time. This is a month earlier than previously announced to help support people back to work. Individual firms will decide the hours and shift patterns their employees will work on their return, so that they can decide on the best approach for them – and will be responsible for paying their wages while in work.

From August 2020, the level of government grant provided through the job retention scheme will be slowly tapered to reflect that people will be returning to work. That means that for June and July the government will continue to pay 80% of people’s salaries. In the following months, businesses will be asked to contribute a modest share, but crucially individuals will continue to receive that 80% of salary covering the time they are unable to work.

The scheme updates mean that the following will apply for the period people are furloughed:

  • June and July: The government will pay 80% of wages up to a cap of £2,500 as well as employer National Insurance (ER NICS) and pension contributions. Employers are not required to pay anything.
  • August: The government will pay 80% of wages up to a cap of £2,500. Employers will pay ER NICs and pension contributions – for the average claim, this represents 5% of the gross employment costs the employer would have incurred had the employee not been furloughed.
  • September: The government will pay 70% of wages up to a cap of £2,187.50. Employers will pay ER NICs and pension contributions and 10% of wages to make up 80% total up to a cap of £2,500. For the average claim, this represents 14% of the gross employment costs the employer would have incurred had the employee not been furloughed.
  • October: The government will pay 60% of wages up to a cap of £1,875. Employers will pay ER NICs and pension contributions and 20% of wages to make up 80% total up to a cap of £2,500. For the average claim, this represents 23% of the gross employment costs the employer would have incurred had the employee not been furloughed.

Self employed

For self employed a first taxable grant will be made of up to 80% of profits for each months or £2,500 lower. This will be based on normal profits from 3 year period 2016/17, 2017/18 and 2018/19. If less then use the years available.

A second grant will be available for the following three months, see update below.

  • It is only open to these self employed where more then half of income from self employment profits not over £50,000
  • The first scheme will cover March April and May, with payment probably in June. Business loan should apply in the meantime
  • Must have filed 2018/19 tax return and if not already done will allow another 4 weeks. But note penalties in bringing it up to date.
  • Must still be trading and intend to carry on into 2021
  • Do not contact HMRC as they will calculate and contact you.

Amounts paid under these arrangements will count as de minimis state aid for the purposes of employment allowance.

Update 29 May 2020: Those eligible under the Self-Employment Income Support Scheme (SEISS), which has so far seen 2.3 million claims worth £6.8 billion will be able to claim a second and final grant in August. The grant will be worth 70% of their average monthly trading profits, paid out in a single instalment covering three months’ worth of profits, and capped at £6,570 in total.

Update 9 June 2020: no payments on account needed on 31 July 2020, so the claim to reduce payment is not needed. Direct debits will still be taken by HMRC so these may need to be cancelled where in place. This means that the payment due on January 2021 could become quite large for some people and provision should be made for this.

Self employed income support scheme receipts are now being received and this seems to be going smoothly. These amounts are taxable and subject to class 4 NIC on a receipts basis.

On the tests, every claimant needs to be able to demonstrate that they have been affected by COVID which is probably possible for most self employed, but all.

It is a requirement of the scheme that the trader intends to continue trading in the same form. For example, in the case of a sole trader was trading in 18/19 but who has incorporated, that company would not be able to make the claim.

Check if you are eligible using HMRC tool

VAT

No payments required between 20 March 2020 and 30 June 2020. Still need to file the VAT returns . Payment deferred until end of 20202/21 tax year – auto

Repayments can still be made and can voluntarily pay. Note that you need to cancel direct debit arrangements. This will need to be set up again when payments resume.

Update 9 June 2020: Sales of PPE are zero rated temporarily between 1 May 2020 and 31 July 2020. This needs to be watch where temporarily producing PPE during the current crisis.

Income tax

Income tax 31 July payment can be deferred until 31 January 2021. automatic offer. Originally only applied to self employed, but extended to all taxpayers

Time to pay arrangement still available – talk. Current debts be potentially be included = HMRC number 0800 0159559

Statutory Sick Pay

HMRC to refund 2 weeks of SSP for the two weeks of being self isolated. Applies to employers of up to 250 employees. Test date is 28 February 2020. Can qualify for up to £94.25 from day 1 (not day 4) with effect from 13 March 2020

directors of small companies who meet the requirements can also claim SSP if earning enough (£118 per week)

self employed can claim employment and support allowance

Business Rates.

Retail hospitality and leisure (see detailed list) no business rates in 2020/21. England only other countries devolved.

cash grants of up to £25,000 relating to trading from buildings per property. Retail and hospitality grant scheme – automatic. Let them do their jobs

if not paying business rates, small or rural will get one off £10,000 grant. Local councils will deal with this also

these amounts do count as de minimis state aid for the purposes of state aid.

Loans

from Monday 23 March gov guaranteed loans 12 month interest free

larger business will get debt factoring in short term

Insurance may be worth looking at

Further information

The following groups provide further information

Low Income Tax Reform Group

HMRC

Agriculture Act reference

updated on 11 November 2020: Royal Assent

The Agriculture Bill finished its tortuous path through Parliament today becoming the Agriculture Act.

The current list of purposes for England

  • managing land or water in a way that protects or improves the environment
  • supporting public access to and enjoyment of the countryside, farmland or woodland and better understanding of the environment
  • managing land or water in a way that maintains, restores or enhances
  • cultural or natural heritage
  • managing land, water or livestock in a way that mitigates or adapts to climate change
  • managing land or water in a way that prevents, reduces or protects from environmental hazards
  • protecting or improving the health or welfare of livestock
  • conserving native livestock, native equines or genetic resources relating to any such animal
  • protecting or improving the health of plants
  • conserving plants grown or used in carrying on an agricultural, horticultural or forestry activity, their wild relatives or genetic resources relating to any such plant
  • protecting or improving the quality of soil

the additional purposes

  • starting, or improving the productivity of, an agricultural, horticultural or forestry activity
  • supporting ancillary activities carried on, or to be carried on, by or for a producer

references

Gove 25 year plan

The Agriculture Act

ELMS – environmental land management scheme

Update 18 June 2020: announced by Victoria Prentis that full detail in Autumn 2020. Most farmers can expect form filling to be minimal.

This is a new system of making payments to land managers in England made possible by the Agriculture Bill. This is an attempt to summarise the current position.

Scotland has its own Agriculture Bill and will be building a different system.

In Wales there is the Sustainable Farming and Our Land.

I am restricting myself to the ELMS in England for the period of this post.

The 25 February 2020 consultation is the primary source of information about the future of the scheme at the present time

Time scales

The taper period is as follows

  • National pilot starts in 2021
  • ELM full roll out 2024
  • Taper from 2021 t0 2027 when fully operational, with phasing out of direct payments

Countryside Stewardship agreements will continue to be available until 2024.

Tiers

Three tiers are envisaged within the scheme to allow different levels of involvement

Tier 1

This tier focuses on encouraging environmentally sustainable farming and forestry and include actions to create environmental benefits for the majority of farmers to take across their farmed and forested land. Whether it’s using cover crops or planting wildflower margins, this tier could pay farmers across the country to adopt (or continue) practices that can generate valuable outcomes, focusing on those practices that are most effective when delivered at scale.

  • Nutrient management (including manure management)
  • Pest management(such as Integrated Pest Management, biological control, and precision/spot spraying pesticide application)
  • Livestock management (such as improving feed efficiency of livestock through targeted breeding to reduce ammonia emissions, limiting grazing to avoid compaction and run-off)
  • Soil management(such as avoiding cultivating/trafficking on wet soils, soil organic matter content, maintaining water levels in peat soils, contour ploughing, minimum- or no-tillage cultivation)
  • Field margins (such as flower-rich/species rich margins/field corners, riparian buffer strips)
  • Field cover (such as cover crops, arable rotations, companion cropping, leys)
  • Water storage/efficient water use

It is expected that payments will be based upon actions taken rather than outcomes to keep this clear and make sure farmers are given clear guidance on what they need to do in order to deliver environmental outcomes while keeping their financial and delivery risks low. Payment rates are likely to be based on the income foregone and costs incurred, with some flexibility to enable a range of outcomes.

Tier 2

This tier would be to support land managers in the delivery of locally targeted environmental outcomes. This tier would target agreed priority outcomes, making sure the right things are delivered in the right places. As such, it may need to use some form of spatial targeting and local planning. Many of the outcomes this tier will deliver may rely on collaboration between land managers. It could therefore include a variety of mechanisms for encouraging and rewarding collaboration and join-up between farmers, foresters and/or other land managers.

Examples of what we might be included:

  • Tree, shrub and/or hedge planting
  • Habitat creation/restoration/management(including woodland, wetlands, freshwater, peatland, heathland, species-rich grassland, coastal habitat, urban green space)
  • In stream/river and on-land interventions to mitigate flooding and to manage sediment for water quality
  • Species management, for example, introduction, translocation and/or recovery and invasive species prevention/control
  • Rights of way, navigation and recreation infrastructure
  • Education infrastructure, events and services
  • Geo diversity asset (such as limestone pavements) and heritage asset management

A farmer might be within tier 1 for most day to day farming activities, but potentially become involved in this tier on a specific locally required scheme, for example a water scheme if the farmer has a river running through the land. This would be done in collaboration with other land owners through which the river runs

Tier 3

This tier focuses on delivering landscape scale land-use change projects, where such projects drive added value over and above what can be delivered through tiers 1 and 2. It would coordinate projects that are critical in helping us meeting ambitious environmental commitments such as net zero. This would be fully aligned with activity under the government’s Nature for Climate fund for afforestation and peatland restoration.

Projects might include:

  • Forest and woodland creation/restoration/improvement
  • Peatland restoration
  • Creation / restoration of coastal habitats such as wetlands and salt marsh

Again, as for tier 2, a particular farmer might participate in tier 3 while also being in tier 1 (for most farming activities), tier 2 (for example the river above), and maybe within tier 3 for a land use change project – for example creation of a coastal salt marsh area if the farmer has suitable land. Such a scheme will clearly only work where there are a number of land owners coming together.

references

25 February 2020 consultation

Hello and well met

This is a new site for a new business. As with so much today we are having to rethink the way we do things in sustainable ways. I am here to help guide businesses through some of these difficulties by working closely as part of the team.

I will be doing occasional articles on taxation and how it impacts land management, together with some ponderings on other pressures. The most important of these that I will be including will be the progress of the agriculture bill through parliament and some guidance on what it all means.

I hope to be making short videos and modelling the number with embedded apps when this software launches, probably in 2021, and hope to write about one article every week. In the meantime I am here and welcome conversations on any aspect of this.

Why barley? There are three main reasons for the barley

  • I love beer, in fact drinking beer may be the hobby that I spend most time engaged in. I am missing the company of others in my local pubs to share this, so I am honouring the beer with the icon
  • barley is a symbol of growth and civilisation. Without the domestication of the grasses in the last stone age our civilisation would look very different: not necessarily worse
  • finally my farming friends here in Northumbria are engaged in growing lots of this stuff so I honour them too.

The beautiful icon was made by Linector from www.flaticon.com. I am using it under permission on the basis that I acknowledge it.

I look forward to our journey together