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Tax Bite - Employment Related Securities / Share Plans Reporting – Deadline Looming

The deadline for employers to report events in relation to employment related shares (and other securities) and share options in respect of tax year 2022/23 is 6 July 2023. Most companies will know that if they operate an HMRC-approved or tax-advantaged share option / incentive scheme such as EMI, CSOP, SIP or SAYE, there is an annual reporting requirement in relation to events happening during...

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Tax Bite - Highlights of “Tax Day” – Stamp duty reform, and possible changes for EOTs?

Tax Bite – Highlights of “Tax Day” – Stamp duty reform, and possible changes for EOTs? Last Thursday 27 April was “Tax Administration and Maintenance Day”, which involved the publication of various consultations and proposals on tax measures, and the promise of more consultations to come. Of most interest to those advising companies and their shareholders were: The announcement that there will be...

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Property Tax Bite - “Tax Day” – Possible reforms to the Construction Industry Scheme

Property Tax Bite – “Tax Day” – Possible reforms to the Construction Industry Scheme Last Thursday 27 April was “Tax Administration and Maintenance Day”, which involved the publication of various consultations and proposals on tax measures, and the promise of more consultations to come. Of most of interest to those advising on property tax matters was the publication of a consultation on proposed...

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Tax Bite - Budget March 2023

Tax Bite - The Budget The Budget of 15 March was relatively benign in terms of major tax announcements for business but did have a few welcome highlights. There were no changes made to the headline tax rates – so corporation tax will still increase to 25% from 1 April for companies with annual profits in excess of £250k – and BADR was left untouched. Full expensing The main announcement for...

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Property Tax Bite - VAT - Changes in processing options to tax

The basic rule, albeit subject to numerous exceptions, is that a sale or lease of a property is exempt from VAT. The most commonly encountered exception to that rule for non-residential property is where the person making the supply has opted to tax the relevant property for VAT purposes, resulting in the supply being subject to VAT at the standard rate of 20%. Whether or not a seller or landlord...

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Tax Bite - Exercise of Discretions in EMI Option Agreements

In October, HMRC published its long-awaited (at least by advisers) guidance on the use of discretions in EMI options. There has been a long period of uncertainty, during which it was not clear in what circumstances HMRC would regard the exercise of a discretionary power in an EMI option contract as: Not affecting the tax-advantaged EMI status of the option; or A change to a fundamental term of...

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Tax Bite - EMI Share Valuations - HMRC's latest approach

Tax Bite – EMI share valuations – HMRC’s latest approach In addition to the various tax advantages of EMI options, the ability to agree the market value of the option shares with HMRC is a very useful further benefit of EMI. If shares are simply issued/transferred outside of an EMI option, there is no ability to agree the share value with HMRC and shares in a private limited company are...

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Tax Bite - SDLT – Mixed use and MDR update – and “mini-Budget” 2022

Property Tax Bite – SDLT – Mixed use and MDR update – and “mini-Budget” 2022 In our last Tax Bite, we noted that a consultation had been launched on whether to update the SDLT rules around mixed use purchases (i.e. involving both residential and non-residential land) and multiple dwellings relief (MDR), where two or more dwellings are purchased in a single transaction. The consultation has...

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Tax Bite - The "Mini-Budget"

Tax Bite - The "Mini-Budget" The "mini-Budget" of 23 September, or Growth Plan as it was badged, was less mini than most had been anticipating in terms of tax announcements. The reversal of the 1.25% increase in national insurance contributions was very much expected, and will take effect from 6 November this year. This will be joined in April 2023 by a 1% reduction in the basic rate of income...

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Tax Bite - Share buybacks - Update

Tax Bite – Share buybacks – Update A company purchase of own shares, or buyback, is a popular way of implementing corporate succession, but is not without tax challenges and risks. Corporate lawyers will be familiar with the company law rule that a buyback cannot include deferred consideration. Most will also be aware of the basic tax rule that the proceeds of a buyback from an individual (above...

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Tax Bite - Loans to Participators - wider than you might expect

In this Tax Bite, we look very briefly the often-overlooked loans to participators rules. These rules are something to be aware of whenever you are dealing with a close company, which in broad terms is a company that is controlled by five or fewer “participators” (i.e. shareholders and their associates). If a close company makes a loan to a participator, and the loan remains outstanding 9 months...

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Tax Bite - Employee Ownership Trusts

Tax Bite - Employee Ownership Trusts The Employee Ownership Trust (“EOT”) legislation was introduced in 2014. Since the news of a possible rise in CGT rates at some point in the relatively near future, more business owners have been looking to achieve an exit and as a result EOTs are currently on a lot of people’s radars. As a headline, the CGT relief afforded to shareholders is hard to ignore –...

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