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Tax News |
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The important inflation numbers The inflation figures issued last month are the ones that matter. Traditionally, the inflation rate for September has set the level of increase for tax bands, tax allowances and social security benefits to take effect from the following April. While the September date remains unaltered, the coalition Government has made several changes to the measures of inflation used or, in some instances, just suspended inflation proofing. Indeed, there is still a possibility that when the Chancellor gives his Autumn Statement on 5 December he will announce sub-inflation or nil increases for some benefits. However, assuming that inflation-linking is left to run its course and no other revisions emerge, there are some things we are already sure of.
A year ago the Chancellor had the misfortune to hit the peak of inflation (5.2% for the CPI) for benefit increases. On this occasion he may have hit the low point. From October, a new round of utility price increases will kick in, as will the impact of the jump in student tuition fees to £9,000. Inflation is therefore likely to be higher by the end of 2012. The Chancellor cannot afford to ignore inflation in his financial planning, and nor can you. It may appear to be just small percentages each year, but the cumulative impact is insidious. For example, over the last ten years the buying power of £1 has fallen to 72.7p, while even the last five years have seen it shrink to 85.2p. Stakeholder pensions get a stake through the heart The last big idea to reform workplace pensions has been quietly put to rest. In April 2001, stakeholder pensions were launched, looking remarkably like charge-limited versions of their personal pension predecessors. Six months later, employers with five or more employees were required to offer most of their workforce ‘access’ to an employer ‘designated’ stakeholder pension scheme, unless other suitable pension provision was provided. There was no automatic entry into a stakeholder scheme, and neither the employer nor the employee was required to contribute. The net result was that stakeholder pension schemes, as a means of promoting workplace pensions, often failed. Many of the designated schemes were empty shells, devoid of members, existing only to comply with the law. The failure of stakeholder pensions explains much about the shape of the new auto-enrolment system, which started life at the beginning of last month. It covers more employees – there is no minimum number per employer – enrolment is automatic and, most importantly, so too are employer and employee contributions. The employee’s right to opt out means that the new regime is not compulsory, although the fact that some individual employees have taken no action has prompted some experts to label it as quasi-compulsory. With the advent of auto enrolment, the Government has scrapped the stakeholder employer access rules, although employers will still have to administer the collection of pension contributions from the pay of existing employee members. Ironically, as the phasing in of auto enrolment will not end until February 2018, the result is that for the next few years many small employers will not even have a duty to provide access to a pension scheme for their employees.HMRC’s Affluent Unit Affluence isn’t what it used to be… At last year’s Liberal Democrat conference in Brighton, Danny Alexander, the Chief Secretary to the Treasury, announced that HMRC would create a new ‘Affluent Unit’, targeting those with a net worth of at least £2.5 million. In the Treasury’s words, the Unit uses ‘new and innovative risk assessment techniques to identify areas where wealthy individuals are avoiding or evading taxes and duties’. At the 2012 conference Mr Alexander revealed that the remit of the Unit would be extended to cover anyone with net worth of £1 million or more. This will increase its audience by two thirds to 500,000. To help cope with the greater number, ‘an extra 100 inspectors and specialists will be recruited’. Further business rate rises could lead to staff cuts Further business rate rises would leave 70% of retail businesses facing staff cuts, according to research conducted by the British Retail Consortium (BRC). The BRC also found that a 2.6% planned rise in rates would be equivalent to £175 million extra in costs for these companies. A bit more certainty on residence The Government plans to introduce its new statutory residence test (SRT) from April 2013. This should make it much easier for you to establish whether or not you are a UK resident if your residence status is currently unclear. A summary of responses to the consultation has recently been published, along with draft legislation. The aim of the SRT is to ensure that an individual cannot become non-resident without reducing their UK connections, but it recognises that people should not be treated as resident where they have little connection with the UK. The SRT therefore takes account of connection factors that someone has with the UK, and the number of days spent here. There will be some situations where a person is always treated as UK resident – if they stay here for 183 days or more during a tax year, if their only home is in the UK, or if they work here full-time. Full-time working means an average of 35 hours a week (either employed or self-employed). Renting a home overseas will circumvent the ‘only home’ condition. In other situations, a person will automatically be treated as being not resident in the UK. The 16-day condition increases to 46 days if a person has not been resident for any of the three previous years, and for this purpose the SRT can be used to determine residence status for years before 2013/14. Full-time work must include at least one complete tax year, with UK visits restricted to 90 days a year and working days in the UK restricted to 20 days (this might be increased to 25 days). If your status is not definite, then residence will be determined by a trade-off between ‘connection factors’ and ‘days of presence’. It will be harder for someone leaving the UK to relinquish residence than for a new arrival to acquire it. Connection factors are:
Anti-avoidance provisions will be introduced and the concept of ordinary residence is to be abolished from 6 April 2013, although this will affect relatively few people. The SRT will be particularly welcomed by people who leave the UK without making a clean break. If they want to spend, say, two months a year in the UK, then they will know that they can establish their non-residence status if there are no other connection factors for the initial two years overseas. |
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