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Stamp duty and business property

The increase in the initial Stamp Duty Land Tax threshold to £120,000 was one of the headlines of the Spring Budget for individuals, but how does it impact on businesses?

Since 1 December 2003, Stamp Duty Land Tax (SDLT) has applied at different rates for residential and commercial (non-residential) property.

Purchasers of freehold commercial property only pay SDLT once the value of the land and buildings exceeds £150,000. Where the commercial property was situated in one of 1,997 designated disadvantaged areas in the UK, no SDLT was paid at all, until Budget Day. This exemption for disadvantaged areas was withdrawn with immediate effect from 17 March 2005.

Residential property located in a disadvantaged area is still exempt from SDLT up to £150,000. But remember, SDLT is not a graduated tax: if the purchase price is just £1 over the initial threshold (£120,000 or £150,000) SDLT is due on the whole property value, at applicable rates of between 1% and 4%.

The method of calculating SDLT for leased property does not use this system, so a more proportionate amount of duty is paid on the acquisition or alteration of a lease.

Business Premises Renovation Allowance (BPRA)
As a partial ‘sweetener’ for businesses who find the SDLT exemption withdrawn, the Government introduced BPRA, a new tax relief for renovating or converting business property in designated disadvantaged areas.

The building can be owned or leased but must have been vacant for at least 12 months. The owner or leaseholder will be able to claim 100% of the capital costs incurred in bringing the property back into business use, as a first year capital allowance.

BPRA will apply to all types of business property: offices, shops, hotels, factories and even to agricultural buildings. However, the start date for this new tax exemption has not been announced, as the scheme must first be granted clearance by the EU that it is not illegal state aid.

 

... STOP PRESS ...

Revenue and Customs combined
The former Inland Revenue and HM Customs and Excise have been combined into a single department: HM Revenue & Customs (HMRC). See www.hmrc.gov.uk.

Pensions ‘A-Day’ – 6 April 2006
From 6 April 2006 many of the regulations governing pension funds will change, and existing schemes will be simplified. The exact rules will become clearer nearer the time, but for now you should seek professional advice on your options.

Couple lose Section 660A appeal
In April, Geoff and Diana Jones of ‘Arctic Systems’ lost their landmark appeal case against HM Revenue and Customs, over the tax treatment of businesses owned by a husband and wife, where one spouse is more active in the business than the other, and income is transferred between the two. The ruling could affect the tax planning of some, but not necessarily all, family-run businesses. Contact us for more advice.

 

REMINDERS FOR YOUR DIARY

July

6      Last day to file Taxed Award Scheme Returns, file P11Ds, P11Dbs and P9Ds. Issue copies of P11Ds or P9Ds to employees

        Deadline for relevant third parties to give non-employees information on benefits or expenses they have provided to them in 2004/05

14    Due date for income tax for the CT61 period to 30 June 2005

19/22*  Quarter 1 2005/06 PAYE remittance due

        Final date for payment of 2004/05 Class 1A NICs

31    Second self assessment payment on account for 2004/05

        Annual adjustment for VAT partial exemption calculations (April VAT year end)

        Liability to 2nd £100 penalty arises for 2004 Tax Return still not filed

        5% surcharge on any tax unpaid for 2003/04

August

2      Last day for notifying car changes in quarter to 5 July – P46 (Car)

31    Annual adjustment for VAT partial exemption calculations (May VAT year end)

September

30    Deadline for submission of the 2005 Tax Return if you wish the HM Revenue & Customs to calculate the tax or, if you are an employee, you wish to have a 2004/05 balancing payment of less than £2,000 collected through your 2006/07 PAYE code

        End of CT61 quarterly period

Business and personal planning need not be left until the end of the tax year - talk to us now about tax and financial strategies for you and your business.

*  All employers with more than 250 employees must make their payments of PAYE Tax and NICs electronically, by either BACS or CHAPS. Payments previously due by the 19th must now be clear by the 22nd.


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