BellaBoo
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RE: Private pensions and paying into them via Ltd company
Hi not HMRC Admin but pension or wages can only be paid to employees or directors as remuneration for the work they perform and is only deductible from corp tax calculations if wholly and exclusively for the purpose of the trade. So if the remuneration was excessive for the duties carried out you would disallow the excess. Shareholders are only entitled to dividends. They can't be paid via pension or wages. -
RE: Gifting Property to Children
Hi, not a HMRC Admin but I can explain HMRC's responsibility (as a department) is tax so they can only answer tax questions. What you're asking about is deprivation of assets. It can apply to DWP administered benefits too but in this case you're talking about deprivation of assets in relation to care funding provided by your local government (council). Each council may have a different policy for enforcing deprivation of assets so you may find your council are the best ones to ask. -
RE: Rental Income ( Property Allowance+ Carry Forward Finance Costs ???)
Hi, I'm not a HMRC Admin but you'd only be able to claim the 24/25 finance costs against the 24/25 rental income. If you claim the property allowance for 23/24 then no expenses can be claimed for the 23/24 year (including the finance costs). You can't claim 23/24 expenses against 24/25 income (although if you had a loss from 23/24 or unused finance costs then those could be carried forward to be used against profits in future years). -
RE: Finance costs for laptop
Additionally, just to explain, I didn't provide that information in the first reply because I'm trying not to step on the Admin's toes and was hoping my post would act as a prompt for them to review the question that had been asked and the answer given. -
RE: Finance costs for laptop
I appreciate you don't know me, which is why I advised the information comes from the official published guidance, provided by HMRC to help you to complete your return correctly (so you could verify it yourself, because I realise I'm contradicting one of the Admin). You are misunderstanding the paragraph in PIM2054. The legislation makes it clearer. https://www.legislation.gov.uk/ukpga/2005/5/section/272B Look at (2) and (3) and you will see the wording in the manual about being for the acquisition, construction or adaption extends the application of para (2) rather than narrowly defining it. The interest restrictions apply to all finance taken out for a property business that consists of generating income from a dwelling-house. It doesn't just apply to loans for a dwelling house. Which is why it is called a dwelling-related loan rather than a dwelling loan. Sort of like the exemption for work related training for employees, if you're familiar with that area at all. But in case you're not, have a other look at PIM2052 (I'm going to post a slightly edited version to make it clearer on what it is actually saying, but im also telling you this to be fully transparent); "For tax years up to and including 2016/17, interest payable under hire purchase agreements or on an overdraft is deductible where the asset is used for business purposes. From 2020-21 onwards, no deduction is allowed in calculating the profits. An individual customer may deduct from his or her tax liability for the year an amount equivalent to the otherwise unrelieved interest and finance costs multiplied by the basic rate of tax for the year in question." https://www.gov.uk/hmrc-internal-manuals/property-income-manual/pim2052 -
RE: Rental income, tax, tenants in common or joint tenants
Hi, I'm not an Admin but I think you may have misunderstood form 17. As a married couple the default basis is you are taxed as owning 50% each (irrespective of the share actually owned). But if you hold unequal shares, you can inform HMRC via form 17 that the actual shares held are not 50% each and you wish to be taxed on your actual share rather than the default share. If you own 50% each then the actual basis and the default basis return the same result, you are taxed on 50% each. To change it you would need to hold the beneficial ownership in unequal shares (one would need to own 70% of the beneficial interest to be entitled to 70% of the income). However if you read through TSEM that the Admin have linked, you will find a section on settlements which explains if a spouse transfers only the right to income (they do not also transfer the beneficial interest in the capital) then the transfer has no effect for tax purposes and the income remains taxable on the spouse who transferred it. It is only if you transfer the beneficial ownership of the property that the income is taxable on the recipient spouse. Or you may find this helpsheet easier to read than the TSEM https://www.gov.uk/government/publications/trusts-and-settlements-income-treated-as-the-settlors-hs270-self-assessment-helpsheet/hs270-trusts-and-settlements-income-treated-as-the-settlors-2024 -
RE: Tax Relief on Donations when Gift Aid has not been given
Hi, I don't know where it might be on HMRCs site but I can provide links to the law. https://www.legislation.gov.uk/ukpga/2007/3/section/414 Section 414 states an individual who makes a qualifying donation will be due relief as if it was paid after basic rate. So prohibits you claiming the full relief even if it is a qualifying donation. But for the avoidance of doubt... https://www.legislation.gov.uk/ukpga/2007/3/section/416 Section 416 defines qualifying donation as someone who gives a 'gift aid declaration' to the charity and where the donation meets conditions A to F. So if you don't provide a gift aid declaration, it is not a qualifying donation and you wouldn't even be able to claim the higher rate relief (can never claim the basic rate relief due to section 414). -
RE: Making a comany dormant
Hi, Are you asking about dormancy for tax purposes or dormant for companies house purposes? They have different definitions of dormant. -
RE: No record of NI contributions after working in construction for years
Hi, CIS deducts money towards your self assessment liabilities. Back then class 2 NIC were not collected via SA (they've only been part of SA since 2015) and had to be paid separately, directly to national insurance office. This is why I thought it could explain things. As back then you wouldn't have paid claas 2 NIC via SA (so any CIS suffered couldn't be for payment of class 2). If you try searching for class 2 NIC changes 2015 you should hopefully get more relevant results. -
RE: Tax Relief on Donations when Gift Aid has not been given
Hi, not an Admin but sadly no. If the donation isn't a gift aid donation then no tax relief is due to anyone.