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  • RE: HMRC chasing a dead man

    Hi, I'm not an Admin but whoever is executor can authorise you which should hopefully get the ball rolling on finding out why HMRC think a return is needed.
  • RE: Deed of assignment

    Hi, I am not a HMRC Admin but a married couple cannot assign only the right to income for tax purposes. This is due to the rules on settlements when what is being gifted is only a right to income. https://www.gov.uk/hmrc-internal-manuals/trusts-settlements-and-estates-manual/tsem4205 So if you do a deed of assignment for the rental income only then, for tax purposes, it is still treated as your income. This is why you need to gift the capital too. So it then isn't wholly or substantially a right to income. However as per example 4a, there can't be any arrangement where you can request it back as while it isn't wholly or substantially a right to income, it isn't an outright gift either and it is only outright gifts that are an exception for settlements.
  • RE: Does contribution based ESA count towards pension annual allowance

    Hi Admin, ballygirl G is not asking if ESA is taxable income. They are asking if it is relevant earnings for pension tax relief purposes. https://www.gov.uk/hmrc-internal-manuals/pensions-tax-manual/ptm044100#earnings
  • RE: Can a Income tax refund be claimed against Voluntary National Insurance payments?

    Hi, not an Admin but you have misunderstand some fundamentals. NI is calculated on gross earnings while income tax is calculated on gross taxable earnings. The difference is normally under net pay pension contributions. If your pension is under net pay, your NI is calculated on 100% of your earnings before pension contributions are deducted but income tax is calculated after pension deductions (so you get tax relief on the pension but not NI relief). But you do not get tax relief on NI contributions whether you are paying employee NI or paying voluntary NI. So your belief that an employee saves tax when they pay NI is incorrect. It is calculated on gross earnings but NI contributions do not reduce gross taxable income. So you are not losing out :)
  • RE: Capital gains TAX on non cashed out crypto assets.

    Not sure if Barry Winters is getting notifications and still reading this but if he is, he made a few fundamental errors. The main one being that "sold" means for legal tender. Legal tender only has relevance for being sued for non-payment of a debt (in that you can't be sued if you pay into court using legal tender). It has no bearing on ordinary transactions. A contract of sale requires both parties to provide consideration but consideration is merely something of value. It doesn't have to be money (whether an official currency or otherwise), just something of value. So yes, if you swap one crypto for another you have entered into a contract of sale (both of you are providing consideration in the form of crypto) and disposed of an asset for another asset. This means you have a £1k gain and then when it comes to disposing of the ETH your acquisition cost for it is £2k.
  • RE: Does contribution based ESA count towards pension annual allowance

    Hi, not an Admin however I believe you are asking if it is relevant for the purposes of pension tax relief rather than adjusted net income, ESA is income but it is not earnings and it is only earnings which are relevant for your pension tax relief.
  • RE: Rental Income ( Property Allowance+ Carry Forward Finance Costs ???)

    https://www.gov.uk/hmrc-internal-manuals/property-income-manual/pim4460 "Where a landlord has residential finance costs that would be restricted in that tax year because of ITTOIA05/S272A, they will have the choice to: either claim their expenses (including any allowable finance costs) and the reducer or use the property income allowance (whether Full or Partial Relief) Where the choice is made to use the property income allowance, a carried-forward amount, as defined by S274A(6) cannot be created for that year to be used against the individual’s future years’ income tax liability."
  • RE: Clarity on eligibility of expenses claim for Locum doctors working as Agency employees PAYE

    Hi, Just to follow up to your question on my reply, in your case it is the employment rather than the workplace that is temporary. The 24 month rule actually only applies to temporary workplaces - if you are at a temporary workplace more than 24 months then it will become a permanent workplace. However being at a permanent workplace for less than 24 months will not make that permanent workplace a temporary workplace (because the 24 month rule only applies to temp workplaces, to make it permanent). Hope that helps but please let me know if it hasn't.
  • RE: Hotel costs when workplace far from home

    Hi, I'm not an Admin but think I can provide a clear answer. There are no separate reliefs for accommodation as this would ordinarily be a personal expense (required for your comfort, rest and health rather than because of any business purpose). However the relief for travel expenses is such that it covers costs that are associated with business travel rather than just covering the cost of the travel itself. This means in order to claim accommodation costs, there needs to be business travel. As you've stated this is a permanent workplace, this means the travel is personal rather than business and no associated travel costs (including the accommodation) can be claimed. https://www.gov.uk/hmrc-internal-manuals/employment-income-manual/eim31815 And see, in particular, the last sentence in example 4. https://www.gov.uk/hmrc-internal-manuals/employment-income-manual/eim31816 Sorry it wasn't better news.
  • RE: Clarity on eligibility of expenses claim for Locum doctors working as Agency employees PAYE

    Hi, not an Admin but unfortunately travel expenses, which includes accommodation and food, are not allowable where travel is to a permanent workplace. When you are engaged via an agency, each engagement is deemed to be a separate employment. So even if the contract you accept is only for a week or two at a practice 300 miles away, it counts as a permanent workplace sadly. https://www.gov.uk/hmrc-internal-manuals/employment-income-manual/eim32125