Friday, 30 November 2012

Q. I got divorced in 2007, but I still jointly-own my former family home with my ex-wife. We agreed she would live there with my daughter until she finished her school exams. The house is now about to be sold. Will I have to pay capital gains tax on my share of the profit made?

A. You can escape tax on the gain made on your former home if all these conditions are met:

- Since you left the property your former spouse has occupied it as her main residence.
- The agreement for your ex-spouse to stay in the home was made either under a court order, or as part of your divorce.
- You haven't elected for another property to be your main residence for any part of the period since you ceased living in your former home. If you have acquired another property in the meantime, you need to think carefully about which property you claim capital gains tax relief on, as this relief can't be applied to two properties for the same period.

Q. From 1 January 2013 Independent Financial Advisers (IFAs) are not permitted to charge commission, and should instead charge fees for the advice and services they provide. Do firms of IFAs have to charge VAT on all the advice they give or is some advice exempt from VAT?

A. The VATman's guidance says the IFA's advice-only services will be subject to VAT, but if the fee is for an introduction to an exempt financial service, that introduction fee will be exempt from VAT. As an IFA you need to sort out exactly what you are charging for:

- general advice
- introductions to exempt services (such as to authorised dealers in securities) or
- introductions to services which are subject to VAT such as discretionary investment manager services.

We need to discuss your particular circumstances in detail to sort out the VAT position.

Q. I registered as self-employed in 2005, but as I didn't have any income I ignored the tax returns the tax office sent me. When they demanded £1000 tax for each year I got my act together and sent in the completed tax returns which showed no tax due. Now the Taxman won't cancel the tax demands issued for the years before 2008/09. What can I do?

A. You have been caught by the tax law here. The years before 2008/09 are 'out of time' and the Taxman doesn't have to cancel the tax demands for those years. Although you may be able to appeal for the tax demands to be cancelled under 'special relief', but you need to show it would be unconscionable for the Taxman to collect the excessive tax. This is a very high hurdle to clear.

Thursday, 1 November 2012

Q. The Taxman is always demanding money from me for VAT, PAYE, corporation tax, Class 1A NICs, excise duty, the list goes on and on. I am terrified of mixing up the payments and paying the wrong amount to the wrong part of the great tax department. How can I make sure I get it right?

A. The Taxman has recently set-up a really helpful page on his website: www.hmrc.gov.uk/bankaccounts/, which lists alphabetically all the taxes and charges it administers. When you click on the name of a tax or charge, the website tells you how to pay, including the bank account numbers and how to check you have the correct reference.

Q. I sold a property in August 2012 which made a gain of £50,000. It consisted of a cafe on the ground floor which I ran as a sole trader until August 2010, and a residential flat above, both of which were let out from August 2010 until the date of sale. Can I claim entrepreneurs' relief on the gain?

A. Assuming you ceased the cafe business in August 2010 (and did not continue the same business elsewhere), you should be eligible to claim entrepreneurs' relief on the part of the gain that relates to the cafe section of the property. This is on the basis that the ground floor was used for the purpose of your cafe business to the day you ceased to operate that business, and you sold the property within three years of that date. The gain relating to the flat will not qualify for entrepreneurs' relief.

Q. My business needs to move to smaller cheaper premises, but my current landlord wants me to pay a fee to surrender the property lease earlier than the next break point. Can I claim that lease-surrender payment as a business expense?

A. Unfortunately you can't get a tax deduction for this payment to your landlord, as a fee to release you from the continuing obligation to make payments under the lease is regarded as a capital payment. There is also no tax relief for this payment under the capital gains tax rules as it doesn't represent a cost of purchase or a cost of disposal of an asset. So for you it's a 'tax nothing'.