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Where Taxpayers and Advisers Meet

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by SteLacca
Tue Mar 10, 2020 4:45 pm
Forum: Company Taxation
Topic: Corporate Residence
Replies: 1
Views: 397

Re: Corporate Residence

If this is a sole director/shareholder company and the director remains resident in the UK, probably not. If the director moves abroad permanently (such that they become non-resident), yes. If there's an overseas director and all decisions are taken there, possibly. Whether it's worthwhile will depe...
by SteLacca
Thu Nov 28, 2019 2:12 pm
Forum: Tax Investigations and Enquiries
Topic: Penalties issued by HMRC on investigation
Replies: 2
Views: 1359

Re: Penalties issued by HMRC on investigation

I'm not clear what assessment you refer to. Given the preamble in your question, is it a penalty assessment or a tax assessment? If the latter, then as pawncob says. If the former, is there an open appeal?
by SteLacca
Fri Sep 27, 2019 10:02 am
Forum: Tax Investigations and Enquiries
Topic: Tax query for 2013-2014 - overpaid
Replies: 7
Views: 14046

Re: Tax query for 2013-2014 - overpaid

You're quite right. I didn't consider the year and assumed S9A.
by SteLacca
Wed Sep 25, 2019 4:08 pm
Forum: Tax Investigations and Enquiries
Topic: Tax query for 2013-2014 - overpaid
Replies: 7
Views: 14046

Re: Tax query for 2013-2014 - overpaid

You "Presume" it's for unpaid tax, but that may not be the case. It may be that you have found a sympathetic Inspector who has opened the enquiry to make sure you get your refund (I know I did this once or twice in my Revenue days).
by SteLacca
Thu Sep 05, 2019 7:33 am
Forum: PAYE and Payroll Taxes, National Insurance, NICs
Topic: Overpayment and tax and NI
Replies: 1
Views: 17330

Re: Overpayment and tax and NI

If it was a genuine overpayment of salary which has already been subject to tax & NI (and possibly pension) then they should recover the NET overpayment from you, and the overpayment of tax, NI and pension will be processed via their payroll and recovered that way. It is not your job to recover the ...
by SteLacca
Wed Aug 14, 2019 2:53 pm
Forum: Income Tax
Topic: Monthly tax deduction from salary
Replies: 3
Views: 8326

Re: Monthly tax deduction from salary

It really sounds like PAYE may be being processed incorrectly. Who does the payroll - you may need to speak to them. For earnings (including commission) you are taxed when it's available for you, even if you "bank" it by not drawing it.
by SteLacca
Tue Aug 13, 2019 12:29 pm
Forum: Income Tax
Topic: Monthly tax deduction from salary
Replies: 3
Views: 8326

Re: Monthly tax deduction from salary

Who determines your commission? Are you, by any chance, talking about an owner managed business, with you as the owner? If not, how are you able to determine the level of commission in the first place? Regardless, for PAYE you are taxed when your income is made available to you. If this is on the ba...
by SteLacca
Thu Jul 25, 2019 3:18 pm
Forum: PAYE and Payroll Taxes, National Insurance, NICs
Topic: Is renting an office tax deductible for a PAYE employee
Replies: 5
Views: 13780

Re: Is renting an office tax deductible for a PAYE employee

The duties of the employment do require the expense. How do you reach that conclusion. The job is home based as stated in the original post. The expectation is, therefore, that the employee frees up sufficient space at home to accommodate this. The expense would be incurred either: Because the empl...
by SteLacca
Wed Jul 24, 2019 3:14 pm
Forum: PAYE and Payroll Taxes, National Insurance, NICs
Topic: Is renting an office tax deductible for a PAYE employee
Replies: 5
Views: 13780

Re: Is renting an office tax deductible for a PAYE employee

The legislation requires that, for an expense incurred by an employee to be allowable it must be incurred "wholly, exclusively and necessarily in the performance of your duties". Since you are not required to rent an office then necessary test is not met.
by SteLacca
Fri Jul 05, 2019 3:08 pm
Forum: Property Taxation
Topic: Tax efficient way to gift commercial property to spouse
Replies: 7
Views: 15399

Re: Tax efficient way to gift commercial property to spouse

If you gift the property to your wife she also acquires your history for tax purposes, so base cost for CGT purposes. This is unavoidable with a gift. As you have identified, bequeathing the property to her would mean her base cost is probate value for CGT purposes, but leaves you with the concerns ...

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