uk tax environment assignment help
TRANSCRIPT
Prepared by Le Tran Uyen Vy (Vivien) – Taxation Assignment 1
INTRODUCTION
My name is Vivien; recently I am a tax practitioner of L & T consultancy firm which provides taxation
advices for private clients. I am going to meet a new client who named Julia Gillard, she is an UK
resident, and she was born on 16th December, 1970. She has received correspondence from HMRC
department to proclaim her income earned from employment (Marketing Director) ans self-
employment (Graphic Designer). After reading, she does not understand clearly about the authority
requirements, so now as a tax practioner I will prepare various documents and explain to her what she
does not clear.
In this presentation, I will help Julia to identify, also caculate her relevant income, expenses,
allowances, her tax payable, advice her on payment dates and finally I will help her to complete
relevant documentation and tax return. In addition, I will explain UK Tax Environment for her.
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LO1 - UNDERSTAND THE DUTIES AND RESPONSIBILITIES OF THE TAX PRACTITIONER IN
THE UK TAX ENVIRONMENT
OUTLINE TASK 1.1- THE UK TAX ENVIRONMENT:
UK TAX ENVIRONMENT
DIAGRAM OF UK TAX FRAMEWORK
UK TAX FRAMEWORK
UK TAX LEGISLATION
TAX YEAR DIRECT TAX INDIRECT TAX
VAT CUSTOMS & EXCISE duty
CAPITAL GAIN TAX INCOME TAX CORPORATION TAX
SAVING INCOME NON-SAVING INCOME DIVIDEND
PAYE TAX RATE
PARTIES INVOLVED
HMRC TAX PAYER TAX PRACTITIONER
1.1 THE UK TAX ENVIRONMENT:
For any country in the world, tax is the main source of the state revenue, and it is the most important
thing of a country, and UK is not an exception. In UK, every citizen has a responsibility in paying tax 2
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for the gorvernment if they have income. In order to help my client to understand clearly, in this section
I will explain some basic information about UK Tax System.
UK Tax Environment:
In UK, everyone who has income must pay tax for the gorvernment through tax department, and the tax
authority of UK called HMRC, which stand for Her Majesty’s Revenue & Customs. The main
responsibilities of HMRC is making sure that the money is available to fund the UK’s public services
and for helping families and individuals with targeted financial support, for safeguarding the flow of
money to the Exchequer through our collection, compliance and enforcement activities1. In order to do
that, HMRC will collect the tax from both of individual (includes UK residence and non UK residence)
and corporation, which do the business in UK through direct and indirect tax. HMRC works with help
from the UK Treasury so The Tax System of UK can run smoothly. Treasury has responsibility in
imposing and collecting the tax.
UK Tax Framework:
1 HMRC Websites,n.d : https://www.gov.uk/government/organisations/hm-revenue-customs/about
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Figure 1: UK tax framework
In the UK Tax Framework, the top one is Treasure, they are responsible for the public finance in UK
imposes and collect taxation, and they appoint the Board of Inland Revenue (HMRC). On April 2005,
Inland Revenue is a department of the British Government responsible for the collection of direct
taxation, including income tax, national insurance contributions, capital gains tax, inheritance tax,
corporation tax, petroleum revenue tax and stamp duty. Recently, they administered the Tax Credits
schemes, annd Child Tax Credit, the Inland Revenue was also responsible for the payment of child
benefit. Therefore, Broad of Inland Revenue must collect income tax of individual and companies
based on decentralization system in UK that is they will divide the country into 4 regions and each
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regions subdivided into districts and each district has a district inspector and the official title of
inspector is HM inspector of Taxes.2
UK tax legislation:
Tax Year:
In UK, the tax year or year assessment runs from 6th April of this year to 5th April of the next year.
For example, from the scenario, in this assignment, the tax year last from 6th April 2011 to 5th April
2012.
According to the UK Tax framework, in tax legislation people have to pay tax follwed two types, which
are direct tax and indirect tax:
1. Direct Tax:
Direct taxes are caculated based on income, profits or gains and are either deducted at source or paid
directly to the tax authorities3. All of those taxes are administered by HM Revenue and Customs
(HMRC). The main direct taxes which are payable are include income tax, capital gains tax and
corporation tax
2 Source: Taxation Lecture Slide Number 12, 13
3 Source: Taxation lecture session 1 – slide number 10
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Tax Suffered by Source
Income tax
individual Partnerships Income & Corporation Taxes Act 1988,
Capital Allowance Act 2001, Income
Tax Act 2003
Corporation Tax Companies ICTA 1988, CAA 2001 as above
CGT
Individual, Partnerships,
Companies (which pay
tex on CG in the form of
corporation tax)
Taxation of Chargebale Gains Act 1992
(TCGA 1992) and subsequent Finance
Acts
Figure 2: The Main Taxes4
Income Tax:
“Income Tax is a tax on income. Not all income is taxable and you're only taxed on 'taxable
income' above a certain level. Even then, there are other reliefs and allowances that can reduce
your Income
Tax bill - and in some cases mean you've no tax to pay”5.
Types of Income:Income tax charged on income, which is amount of money you earn from employment, self-
employment, rental income, pension income, interest on savings, or money from shares.6 Each
tax payer will have a different amount of income money, so they will have different taxable
amount and tax payable amount. However, in order to caculate the income tax of tax payers,
4 Source: Taxation Lecture session 1 – slide numbert 9
5 HMRC Websites,n.d: http://www.hmrc.gov.uk/incometax/basics.htm
6 HMRC Websites,n.d: http://www.hmrc.gov.uk/complaints-appeals/how-to-appeal/direct-tax.htm
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HMRC will caculate through 3 types of income which are saving income, non-saving income
and dividend, and it is applied for everyone who pays income tax.- Savings income : savings income is all the income from the investment. It can be the interest
on loan and bank or building society accounts.- Non-savings income: Non savings income includes three types of income that employment
income (the income from employment), trading income (the income from trades and
profession) and the property income (the income from renting out property)- Dividend income : dividend income is the income which related in the investment on
dividend. Tax rate 2011/2012 by tax band:
Each tax payer will have a different amount of income money, so they will have different
taxable amount and tax payable amount, the more money tax payer can earn, the more tax they
will pay. However, the way to caculate income tax of individual will base on the tax rates and
taxable bands which are fixed by HMRC:
Rate 2011-12 2012-13 2013-14
Starting rate for savings: 10%*
£0 - £2,560 £0-£2,710 £0- £2,790
Basic rate: 20% £0 - £35,000 £0-£34,370 £0-£32,010
Higher rate: 40% £35,001 - £150,000 £34,371-£150,000 £32,011- £150,000
Additional rate: 50% Over £150,000 Over £150,000 N/A
45% from 6 April 2013
Over £150,000 Over £150,000 Over £150,000
Figure 2: Income Tax rates and taxable bands
The 10 per cent starting rate applies to savings income only. If, after deducting your Personal
Allowance from your total income liable to Income Tax, your non-savings income is above this limit
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then the 10 per cent starting rate for savings will not apply. Non-savings income includes income from
employment, profits from self-employment, pensions, income from property and taxable benefits.7
From this figure above, in the year 2011-2012, we can see that if the income of an
individual from £0 to £2,560, they need to pay 10% of their income for taxation and it is
only apply for the savings income. The income from £0 to £35,000 incur the basic rate
of taxation with 20% and from £35,001 to £150,000, individual must pay 40% in their
income for the taxation. The addition rate with 50% will impose in person which earn
over £150,000, and as a rule of HMRC that when we caculate the non-saving income,
we will apply the rate from the basic rate 20%.
Dividend income in relation to the basic rate or higher rate tax bands
Dividend Taxrate applied2011/2012
Dividend Taxrate applied2012/2013
Dividend Taxrate applied2013/2014
Dividend Income received below higher rate income tax threshold (£ 37, 400)
10% 10% 10%
Dividend Income recieved within higher rate income tax threshold (£ 37, 400 - £ 150, 000)
32.5% 32.5% 32.5%
Dividend income above the higher 42.5% 42.5% 37.5
7Source: Taxation Lecture Session 1 – Slide number 17
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rate income tax threshold (£ 150, 000)
Figure 3: Dividend tax rates8
PAYE (Pay As You Earn):
“The Pay as You Earn (PAYE) system is a method of paying income tax and national insurance
contributions. Your employer deducts tax and national insurance contributions from your wages
or occupational pension before paying you your wages or pension.”9.
Using the PAYE system, the money that you will receive is your net profit, before paying for
taxation and other expenses as national insurance contribution and so on.
Capital Gain Tax:
Capital gain is the profits that an investor receive when they sells their asset or shares for a
price that is higher than the purchase price. Capital gains tax is caculated on the gain or profit
when they sell, give away or otherwise dispose of something.
For example: Mr. Alex is an investor, in 2000 he bought some shares in company A with the
price at £5,000, in 2012 he sell those shares with the price at £25,000. Caculating we can see
that he just made a gain around £20,000, so as a rule of HMRC Alex has to pay on his gain
which is £20,000.
The rates for capital gain tax as follows 2011-2012, 2012-2013 and 2013-2014:
8PCG Advice Websites: https://www.pcg.org.uk/advice/dividend-tax-rates
9 Advice Guide Websites, n.d: http://www.adviceguide.org.uk/england/tax_e/tax_how_to_pay_income_tax_e/the_pay_as_you_earn_paye_system.htm
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18% and 28% tax rates for individuals (the tax rate you use depends on the total amount of
your taxable income, so you need to work this out first)
28% for trustees or for personal representatives of someone who has died
10% for gains qualifying for Entrepreneurs' Relief10
Corporation Tax:
Corporation Tax is a tax on the taxable profits of limited companies and other organizations
including clubs, societies, associations and other unincorporated bodies11.
For an organization such as a company, the Corporation Tax rate depends on how much profit
the company makes and may change on 1 April each year.
RATEFrom 1 April
2011From 1 April
2012From 1 April
2013
Profits £300,000 or less(‘small profits’ rate)
20% 20% 20%
Profits above £300,000(‘main’ rate)
26% 24% 23%
Figure 4: Coporation Tax Rate12
2. Indirect Tax:
Indirect taxes are taxes on spending and are charged when a taxpayer buys an item.13
Indirect tax is collected from tax payer and an intermediary such as retail shop or company and then the
intermediary will pays over the tax that collected to the government. In direct tax includes Value Added
10 HMRC Websites, n.d: http://www.hmrc.gov.uk/rates/cgt.htm
11 HMRC Websites, n.d.: http://www.hmrc.gov.uk/ct/getting-started/intro.htm
12 Government UK Website, n.d: Business Tax: https://www.gov.uk/corporation-tax-rates
13 Source: Taxation lecture session 1 – slide number 11
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Tax (VAT), Customs Duties and The Excise Duties. These taxes also administered by HM Revenue and
Customs.
Value Add Tax (VAT):
VAT is a tax that's charged on most goods and services that VAT-registered businesses provide in
the UK. It's also charged on goods and some services that are imported from countries outside
the European Union (EU), and brought into the UK from other EU countries. There are three
rates of VAT, depending on the goods or services the business provides. The rates are:
Standard - 20 per cent Reduced - 5 per cents Zero - 0 per cent
In addition, in UK there are some goods and services will be reduced rated such as domestic
fuel and power, installing energy-saving materials, sanitary hygiene products, children's car
seats and some goods and services that consumer will not pay VAT for these product such as:
food - but not meals in restaurants or hot takeaways, books and newspapers, children's clothes
and shoes, public transport14.
Customs Duties and Excise Duties:
If you're bringing goods for personal use into the UK, or sending or ordering them from abroad,
including over the internet, you may need to pay UK Customs Duty, Excise Duty and/or import
VAT, and the tax rate that they must to pay depends on the type of goods and where come from.
Custom Duty: Customs Duty is a tax charged on importation of goods produced
outside the European Union (EU). You won't have to pay Customs Duty if you're
14 HMRC Websites, n.d: http://www.hmrc.gov.uk/vat/start/introduction.htm
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travelling from the EU, or buying, ordering or sending goods to the UK from the EU
for your own use.
Excise Duty: Excide duty is a tax on certain goods such as alcohol and tobacco.
When you buy excise goods in the UK the price you pay includes this tax15.
The figure below is a presentation about the data on direct and indirect taxes collected from 2006 to
2010:
Unit: £ billion
YEAR
2006-20072007-2008
2008-2009
2009-2010
DIRECTTAX
Income Tax 143.3 147.3 147.9 134.4
Cappital Gain Tax 3.8 5.3 7.9 2.5
Corporation Tax 44.3 46.4 43.1 33.3
TOTAL 191.4 199 198.0 170.2
INDIRECT TAX
VAT 77.4 80.6 78.4 67.2
Fuel Duties 23.6 24.9 24.6 26.4
Tobacco Duties 8.1 8.1 8.2 8.8
Spirit Duty 2.3 2.4 2.4 2.6
Beer Duties 3.1 3.1 3.1 3.2
Wine Duties 2.4 2.6 2.7 2.9
Cider & Perry Duties 0.2 0.2 0.2 0.3
Stamp Duties 13.4 14.1 8.0 7.5
Betting & Gaming Duties 1.4 1.5 1.5 1.4
Customs duties & Levies 2.3 2.5 2.7 2.6
Air Passenger Duty 1.0 2.0 1.9 1.9
TOTAL 135.2 142 133.7 124.8
15 HMRC Websites, n.d: http://www.hmrc.gov.uk/customs/tax-and-duty.htm
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Figure 5: Collected Tax from 2006 to 201016
From the figure number 5, we can see that is a huge amount of money of gorvernment’s budget is come
from income tax, which is caculated into saving income, non-saving income, and dividend. In the last
year 2009-2010, the total of income tax is around £134.4 billion, it made up around 79% of direct tax.
About indirect tax, apart from VAT, HMRC can collect tax from many duties such as fuel duties,
tobacco duties, spirit duties, beer duties, etc. However, VAT still made up a large of percentation of
indirect tax, in 2009-2010, HMRC collected £67.2 billion from VAT, it made up more than 53% of
indirect tax.
Parties Involved:
As the above outline, there are three parties involved which are HMRC (Administration), Tax Payer
(Individual/Organization) and Tax Practitioner:
16 Source: From the Appendix 1
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1. HMRC:
In the tax environment of UK, HMRC is considered as the the administration. In 2005, HMRC
was established by Act of Parliament as a new department replacing the Inland Revenue and
Customs and Excise. Generally, HMRC have responsibility in collecting tax from people and
organizations that do business in UK, and they also manage the tax system of UK17.
2. Tax Payer:
Tax payer is the one who pays an amount of money as a tax for HMRC. Tax payer could be
individual or organization such as company. For organization such as a company, all the
company does the business in UK has to pay tax for the HMRC, the company will pay tax based
on their profit. For individual, HMRC divide into types of individual which is UK residence,
and non UK residence.
UK Residence: - Who is UK Residence?
People who come from another country, and they are in the UK for 183 days or more in
a tax year, they will be resident in the UK for that tax year (from 6th April of this year to
5th April of the next year), or people who visit to the UK averaging at least 91 days per
tax year.
People who born in UK are UK residence, in case they have UK citizenship, but they
leave UK to work full time abroad, they also have to pay tax as nomally.
- How UK Resident paying Tax to HMRC?
17 HMRC Websites,n.d: https://www.gov.uk/government/organisations/hm-revenue-customs/about
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For the UK residents, they have to pay tax which called income tax based on their
income, those income includes both of the income arising in the UK and income arising
overseas.
For example, there is a man named Tom, and he is a UK residence. He has doing
business in UK and he also has worked in Vinamilk which is company located in
Vietnam, so once a year he has to pay income tax for HMRC in UK based on the the
income he collects in UK and also the income he has from the job in Vinamilk located in
Vietnam.
Non UK Residence:
- Who is non UK Residence?
Excepting for some cases that I mention in the UK residents section, it is non UK
residents, so non UK Residence is a person who present in the UK for less than 183 days
during the tax year or they visit to the UK averaging less than 91 days per tax year non
UK residents.
- How non UK Residence paying Tax to HMRC?
The non UK residentces only have to pay the income tax to HMRN based on their
income which generate in UK.
For example, Van is a business woman; and she is Vietnamese. She has a business trip to
UK in 2 months which is about 60 days so she is non UK residence because her stay is
less than 183 days. In those 2 months, Van earned 1000 pounds from doing business in
UK, and 10 million VND from her business in Vietnam, so she has to pay income tax for
HMRC in UK just bases on 1000 pounds that she collected in UK, she does not have to
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pay tax on 10 million VND from her business in Vietnam because she is non UK
Residence.
3. Tax practitioner:
Tax practitioner is the tax agent, lawyer or accountant who helps the tax payer to file the tax
return. On the behalf of the tax payers, tax practitioner was hired for doing what related to the
taxation of the taxpayer. In working with the HMRC, tax practitioners represent for the tax
payer in dealing the matter. The main role and responsibilities of tax practitioner are give the
advice to tax payer in their tax obligations, collect information of taxpayer and file in the tax
return. They also need to calculate the tax liabilities of tax payer based on their gross income.
1.2 THE ROLE AND RESPONSIBILITY OF TAX PRACTITIONER:
Individuals and companies or organization take responsibility to pay tax for government. However, tax
payers need to understand and have basic knowledge about payment tax and tax practitioner is the one
who will help taxpayers.
Tax practitioner:
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Tax practitioner is an accountant, lawyer or tax agent which helps the tax payer to file the tax return
accordance to HMRC. In paying the tax, it has a lot of information to cover and the tax payer cannot
have enough time or knowledge to do it, so they need a tax practitioner to help them to paying the tax
and claim back the tax if it’s necessary.
The role of tax practitioner:
Taxpayer arrange for their accountants to prepare and submit their tax returns .Tax practitioners who
help taxpayer deal with the HMRC on behalf of client. Besides that, tax practitioners play important
roles to taxpayer because they will make effectiveness on tax and ensure requirement of HMRC.
Moreover, Tax Practitioner likewise play important roles between taxpayer and tax collectors because
of having to explain and advise tax law for taxpayer and submit information tax of taxpayer to tax
collectors as HMRC on their behalf (Course book Taxation, page 146).
- The tax practitioners have to have legal responsibilities to obey with the common-law rules,
meet the qualifications and experience like rules and regulation of HMRC. That means the tax
practitioners have roles to help taxpayer deal with HR Revenue and Customs to report initially
tax payments namely income tax, corporation tax, capital gains tax and so on.
- Tax practitioners are able to effect to the tax reporting process in lots of ways. Practitioners can
reduce tax liabilities for taxpayer by technical knowledge of tax law and regulations. To give
advices for client to perform their obligation in tax, Tax practitioners need to have the
knowledge of tax law. In addition, they are able to propose and improve policies to reach perfect
reporting tax.
- Tax practitioners play important role between HMRC and taxpayers, they like intermediaries.
Because complicated content of law, advise and ‘educate’ taxpayers in tax law matters, and hand
in information to HMRC for their clients.
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- The tax practitioners like tax advisor on business transactions, they are able to help to provide
and explain clients with the clear understandings of risks and opportunities. In addition, the tax
practitioners need to have any the suitable choices to consult for their clients.
The responsibilities of tax practitioner:
Besides the roles bring for customers in taxation, tax practitioners also take responsibilities about
ethical such as:
- Complying with the taxation laws in the conduct of their personal affairs.
- Tax practitioners will advise client to prepare the good tax return by preparing the tax returns
competently and honestly so as to it will be true and exactly. Besides that, Tax practitioners are
able to comply and advise the issue related to the audit law for companies.
- Do not leak out information, which related to client’s issues to third party without client‘s
permission.
- Certainly, the tax practitioner has an obligation to both the client and the system, but that
obligation is to assist the client to comply with the tax laws, paying no more than the law
requires.
- Keeping up-to-date with changes in taxation laws and practice. The tax practitioners play
important because they are intermediaries between taxpayer and HMRC. Therefore, they have
to be responsibility to update to explain for taxpayer and send information for HMRC.
1.3 THE TAX OBLIGATIONS OF TAX PAYER OR THEIR AGENTS AND THE
IMPLICATIONS OF NON-COMPLIANCE:
The tax obligations of tax payer:
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When an individual or organization operates in UK, they have to implement their tax obligation to the
UK’s government. And here is the tax obligation of the tax payers:
Honesty: when file the tax return, the tax payer need to honesty in listing the income. They
must to fill full and right income that they have. It createS the fair between people in UK in pay
the tax. With the right number of income, the HMRC can collect the right taxation of each
others because the tax liabilities of them base on their income. Besides, tax payer should be
truth in communicate with HMRC for paying their tax.
Cooperation: The tax payer need to coordinate closely to the tax agency, specific is the HMRC
Department to give them information if they need to reduce the cost of tax collection.
Submit the documents and pay the tax on time: That means if the HMRC require, tax payer
need to submit the document which related to the taxation to them. Besides, they also should
pay the tax on time. Pay tax on time can help people avoid the penalties from HMRC and the
HMRC department can be easy in collect the tax.
Deadlines for paying Tax18:
31st January:
You must pay any tax you owe by 31 January following the end of the tax year. The payment
deadline is the same for both of paper and online returns and there are very few exceptions.
For example, for the tax year 2011-12 (ending on 5 April 2012) you must pay any tax you owe
by 31st January 2012.
18 HMRC Websites, n.d: http://www.hmrc.gov.uk/sa/deadlines-penalties.htm
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31st July:
This is your deadline for making any further payments on account.
For example on 31st July 2012, you'd make your second payment on account for the tax year
2011-12.
The implications of non-compliance:
Tax payer need to comply with the HMRC regulatory, if they do not comply, they will face up with
some penalties from HMRC.
Penalties of paying tax late:19
If the tax payers do not implement their tax obligation on time, they will pay more for the
penalty after 30 days and the longer they delay. It also increases the money for taxation of them.
So pay the tax on time is necessary to save their money. The table below will show the penalties
of paying late.
Length of delay Penalty you will have to pay
30 days late 5% of the tax you owe at that date
6 months late5% of the tax you owe at that date. This is
as well as the 5% above.
12 months late5% of the tax unpaid at that date. This as
well as the two 5% penalties above
Penalties if you miss the tax return deadline20
19 HMRC Websites, n.d: http://www.hmrc.gov.uk/sa/deadlines-penalties.htm
20 HMRC Websites, n.d: http://www.hmrc.gov.uk/sa/deadlines-penalties.htm
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The taxpayer need to submit the tax return to HMRC on time. If they do not comply, they must
pay more time depending on the day that they are late. The table below will show their paying is
their tax return is late:
Length of delay Penalty you will have to pay
1 day late A penalty of £100. This applies even if you haveno tax to pay or have paid the tax you owe.
3 months late £10 for each following day - up to a 90 day maximum of £900. This is as well as the fixed penalty above.
6 months late £300 or 5% of the tax due, whichever is the higher. This is as well as the penalties above.
12 months late £300 or 5% of the tax due, whichever is the higher.In serious cases you may be asked to pay up to 100% of the tax due instead. In some cases the penalties can be even higher than this.These are as well as the penalties above.
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LO2 – BE ABLE TO CACULATE PERSONAL TAX LIABILITIES FOR UNDIVIDUAL AND
PARTNERSHIPS
2.1 CACULATE RELEVANT INCOME, EXPENSES ANS ALLOWANCES:
As a we know that, currently I’m a tax practitioner of L&T consultancy, and at present my client is Mrs
Julia, so my role and responsibility here is giving and advicing her some information which related to
her tax resposibility. In the previous task, I already have explained all the basic information of UK Tax
Environment such as the UK Tax Framework, parties involved, UK Tax legislation, the tax rate of the
year 2011-2012, type of tax, how to caculate the tax, the penalty, so now my job in this section is
finding down how much Julia’s the relevant income, expenses and allowances for the year 2011-2012.
Julia’s Relevant Income:
Income is an amount of money that a person can earn from their employment or their investment or
both of that. In the UK tax system, the income is devided into three types of income which is non-
saving income, saving income, and dividend income. Non-saving income is came from employment
income, trading income, property income, saving income is all the money that can be earned from the
interest such as interest on loan, bank, or building society accounts, and finally dividend income is the
money come from inverstment on share.
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1. Trading Income
According to scenario, Julia’s trading profits for the final two periods of trading were as follow21:
£
Year ended 30 April 2011 98,200
Two-month period ended 30 June 2011 16,600
Overview Capital Allow22
On 1 May 2010, the tax written down value of the capital allowances main pool (general pool) was
£13,200, based on the figure above that Julia will receive 20% of tax written down value which is
£2,64023. Therefore, the trading profit of Julia in year ended 30 April 2011 is £95,56024.
21 Source: Scenario Page 4, paragraph 5
22 Source: Taxation Lecture Session 6 – Slide Number 19.
23 Caculation: £13,200 x 20% (belong to main pool) = £2,640
24 Trading profit year ended 30 April 2011: £98,200 – £2640 = £95,560
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From 20% the capital allowance which belong to main pool, we have the year balance after the capital
allowance is £10,56025.
However, because on 21 May 2011, Julia pruchased computer equipment for £3,600, and all the items
included in the main pool were sold for £7,700 on 30 June 2011, so the capital allowance of two-month
period ended 30 June 2011 will be reduce at £6,46026, so we have the trading profit of Julia in two-
month period ended 30 June 2011 is £10,14027.
After minusing the capital allowances we have the total trading profit of Julia is 105,70028. In addition,
according to the scenario, Julia has unused overlap profits brought forward of 41,700, this amount of
money will reliefs Julia’s Trading Profit, so trading profit of Julia after reliefing is £64,00029
Suming up Julia’s Trading Profit:
Capital Allowance Caculation:
Written down Asset of C.A main pool £13,200
Receive 20% of tax written down value £2,640
Balance £10,560
Purchase/Addition £3,600
Selling/Disposals £7,700
Capital Allow £6,460
Julia’s Trading Profit Caculation:
Year ended 30 April 2011 £98,200
Capital Allowance (20% of main pool) £2,640
£95,560
Two-month period ended 30 June 2011 £16,600
25 Caculation: £13,200 – £2, 6450 = £10,560
26 Caculation: £10,560 + £3,600 (Computer Addition) – £7,700 (Items Disposal) = £6,460
27 Caculation: £16,600 – £6,460 = £10,140
28 Caculation: £95,560 + £10,140 = £105,700
29 Caculation: £105,700 – £41,700 = £64,000
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Capital Allowance £6,460
£10,140
Total trading profit of Julia £95,560 + £10,140 = £105,700
Unused overlap profits £41,700
Final Trading Income of Julia £64,000
2. Salary Income30:
According to scenario that Julia was paid a Salary of 15,100 per month by Unicorn plc, and she worked
for Unicorn pls as a marketing director from 1 August, 2011. According to HMRC of the tax year
which begin from 6 April and ending 5 April next year, and because the salary is paid on the last day of
each calendar month, so the salary of Julia of the tax year 2011-2012 will be caculated from 1 August,
2011 to 31 March, 2012 which is about 8 months. Therefore, the total salary of Julia in the tax year
2011 – 2012 is £120,80031
3. Property Income32:
According to the scenario, Julia owns 2 properties. The income and the allowable expenditure for
her two properties for the tax year 2011 – 2012 are as follows:
Property 1 Property 2
Income £6,600 £7,200
Allowable expenditure £9,700 £2,100
“Expenditure on buying, creating or improving a business asset that you keep to earn the profits of
your business is capital expenditure”33. In other words, allowable expenditure is an amount of money
30 Source: Scenario Page 4, paragraph 8
31 Caculation: £15,100 (each month) x 8 months = £120,800
32 SourceL Scenario Page 5, paragraph 5
33 HMRC Websites, n.d: Capital expenditure: http://www.hmrc.gov.uk/incometax/relief-self-emp.htm
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which is used to maintain your properties, without the allowable expenditure your property maybe
cannot run the business to earn profit, so the government allows the property owner some money to
maintain the property and it called allowable expenditure. The owner of property will pay tax for the
gorvernment after minusing the allowablw expeenditure.
The Allowable expenses may include34:
rents, rates, insurance, ground rents etc
property repairs and maintenance
renewals - although you cannot claim these and capital allowances or the 10% wear and tear
allowance
interest and other finance charges
legal, management and other professional fees
costs of services provided, including wages
other property expenses
For the property 1, we see that the amount of money from income is lower than the allowable
expenditure by £3,10035, which is also considered as loss for Julia in the property 1, according to
HMRC that any rental business loss is automatically carried forward and set off against rental business
profits of the following year36, so the loss at £3,100 of the property 1 will be carried forward to the next
year to caculate the income of this property.
34 HMRC Websites, n.d: https://online.hmrc.gov.uk/information/help?helpcategory=selfAssessmentFiling1112&affinitygroup=individual&helpid=PropertyExpenses
35 £9,700 – £6,600 = £3,100
36 PIM4210 - Losses: set against future profits: http://www.hmrc.gov.uk/manuals/pimmanual/pim4210.htm
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For the property 2, the income was £7,200 and the allowable expenditure was £2,100 so the income of
Julia from this property is £5,10037
In general, from the properties that Julia owns, in the tax year 2011 – 2012, she just has income from
the second property which is £5,100.
4. Interest from buliding Society38:
During the tax year 2011 – 2012 Julia receive building society interest of £8,96039, but this amount of
money is the net income40 so tralating to gross income by 20%, the gross income of Julia from building
society is £11,20041
5. Dividend42:
According to the scenario, in 2011-2012 Julia also received an amount of money from dividend at
£6,480, but this amount of money is also after tax so tranlating to before tax by 10%, the amount of
money Julia can received from her dividend is £7,20043
6. On 2 Octorber 2011, Julia received a premium bond prize of £10044
The Total relevant income of Julia is £208,40045
Julia’s Allowance:
37 Caculation: £7,200 – £2,100 = £5,100
38 Source: Source: Scenario Page 5, “Other information” Section
39 Source: Scenario Page 5, “Other information” Section
40 Source: Taxation Lecture – Session 1: Income Tax at Source Slide 16
41 Caculation: £8,960 x 100/80 = £11,200
42 Source: Scenario Page 5, “Other information” Section
43 Caculation: £6,480 x 100/90 = £7,200
44 Souces: Scenario page number 5
45 Caculation: 64,000 + 120,800 + 5,100 + 11,200 + 7,200 + 100 = 208,400
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Nearly everyone who lives in the UK is entitled to an Income Tax Personal Allowance. This is the
amount of income you can receive each year without having to pay tax on it. Depending on your
circumstances, you may also be able to claim certain other allowances.46
Personal Allowance 2011-2012:
Allowance 2011 to 2012 tax year
Personal Allowance £7,475
Age 65 to 74 - Personal Allowance £9,940
Age 75 and over - Personal Allowance £10,090
Figure: Personal Allowance 2011-201247
If you’re over 65- If your income(less deductions) is between £25,400 and £100,000 in the
2012 to 2013 tax year, your Personal Allowance goes down by £1 for every £2 of income above
£25,400, to a minimum Personal Allowance of £8,105.
If your income is over £100,000- For every £2 your income is above £100,000, your Personal
Allowance goes down by £1. If your income is high enough, this can reduce your Personal
Allowance to zero.
As the income of Julia which I already mention above, the figure of income is £208,400. From the
infomation of “If your income is over £100,000” section above that if your income is over £100,000,
your Personal Allowance will be reduced by half of the amount - £1 for every £2. Caculating to 2012,
Julia is 42 years old so her personal allowance is £7,475, and her income is more than £100,000 so her
Personal Allowance is reduced by half of the amount - £1 for every £2, we have the caculation:
46 HMRC Websites,n.d.: Personal Allowance: http://www.hmrc.gov.uk/incometax/personal-allow.htm
47 Source: Taxation Lecture – Session 2 – Slide number 22 - Allowance for personal
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£7,475 – (£208,400 – £100,000)/2 = £ 7,475 – (£108,400/2) = - £46,725.
As the caculation above that the personal allowance of Julia is negative, it means the Personal
Allowance of Julia is zero.
Julia’s Expenses:
Expenses are the costs that you pay out in the course of earning business profits and which you can
claim for. You can't claim for non-business or personal items. Buying or improving capital items, such
as machinery, which last for several years, is not a business expense for tax purposes but you may still
be able to claim for them as long as they are related to your business.48
As the scenario that there is no mention about the expenses that Julia had to pay out so we can consider
that the expense of Julia is zero.
Summary, we have the table of income, allowance and expenses of Julia below:
Income Expenses Allowance
Trading Income £64,000 N/A N/ASalary Income £120,800 N/A N/A
Property Income £5,100 N/A N/ABuilding Society Interest £11,200 N/A N/A
Dividend £7,200 N/A N/APremium Bond Prize £100 N/A N/A
Expenses N/A 0 N/AAllowance N/A N/A 0
TOTAL £208,400 0 0
2.2 CACULATE TAXABLE AMOUNTS AND TAX PAYABLE FOR EMPLOYED
INDIVIDUALS, AND ADVICSE ON PAYMENT DATES:
1. Premium Bond Prize
48 HMRC Websites, n.d: What are 'allowable expenses'?: http://www.hmrc.gov.uk/incometax/relief-self-emp.htm
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As the information from the scenario that on 2 Octorber 2011, Julia received a premium bond prize of
£100, and according to HMRC that a premium bond prize is not taken into accounts for inheritance tax
purposes49, so Julia does not have to pay any tax for this £100
2. Tax Benefit:
Removal Expenses:
As the scenario that during August 2011, Unicorn plc paid £11,600 towards Julia’s removal expenses,
and according to HmRC that there is £8,000 of removal expenses and benefits will be exempted50 so for
the removal expenses Julia just have to pay tax on £3,60051.
Beneficial Loan:
From 1 September, 2011 to 5 April, 2012, which is around 7 months Unicorn plc provided Julia a loan
with free interest of £33,000. It means Julia borrows £33,000 from the company and she does not have
to pay any interest. However, at the same with that period time if Julia borrows that amount of money
outside, it would charge Julia 4% of interest52, so because Julia borrowed that from the company so she
can save 4% of interest each month, so after 7 months, the amount of money that she can save was
£77053
Free Meals:
49 HMRC Websites, n.d: IHTM10082 - Premium Bonds: http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm10082.htm
50 HMRC Websites, n.d: EIM03104 - Removal or transfer costs: http://www.hmrc.gov.uk/manuals/eimanual/EIM03104.htm
51 Caculation: £11,600 – £8,000 = £3,600
52 HMRC Websites, n.d: EIM26104 - The benefits code: http://www.hmrc.gov.uk/manuals/eimanual/eim26104.htm
53 Caculation: £33,000 x 4% x 7/12 = £770
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During the period from 1 August 2011 to 5 April 2012, Julia was provided free meal from Unicorn plc’s
canteen, and the total cost of these meals was £1,34054. It’s a benefit of the company for Julia, and she
does not have to pay any tax for this benefit, because according to HMRC that there is no tax charge on
the provision of meals for directors or employees if the meal is provided in a canteen55
Vehicle Benefit:
From the scenario that during the period from 1 Octorber 2011 to the end of tax year 2011-2012,
Unicorn plc provided Julia a diesel-powered motocar which has a list price of £14,400 with an official
CO2 emission rate of 149 grams per kilimeter. The taxable benefit of Julia about vehicle benefit will be
caculated based on the list price of her vehicle and the rate at which the car emits carbon dioxide.
From Mrsalvage Website56, we have the table below:
CO2 emissions(g/km)
Appropriate percentage
Petrol % Diesel %
Up to 75 5 8
76-120 10 13
121-129 15 18
130-134 16 19
135-139 17 20
140-144 18 21
145-149 19 22
150-154 20 23
155-159 21 24
160-164 22 25
165-169 23 26
170-174 24 27
54 Source: Scenario page 5, the second paragraph
55 HMRC Websites, n.d: EIM21671 - Particular benefits: http://www.hmrc.gov.uk/manuals/eimanual/eim21671.htm
56 Mrsalvage Website: Vehicle Benefits: http://www.mrsalvage.co.uk/Tax-2011/vehicle.html
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175-179 25 28
180-184 26 29
185-189 27 30
190-194 28 31
195-199 29 32
200-204 30 33
205-209 31 34
210-214 32 35
215-219 33 35
220-224 34 35
225 and above 35 35
Based on the table and the information below, the appropriate percentage of Julia’s vehicle will be 22%
because Julia’s vehicle is a diesel-powered motocar. In addition, Julia used this motocar from 1
Octorber 2011 to 5 April 2012 which is about 6 months, so after caculating the vehicle benefit of Julia
is £1,58457.
2. Taxable Amount:
As the information I have mentioned above that the relevant income of Julia includes trading income,
salary income, property income, interest from building society, dividend and premium bond prize
which is about £208,400. However, as I have explained above that Julia does not have to pay any tax
for her premium bond prize, so in the taxable income I will minus £100 from premium bond prize, so
after minusing the prize, Julia’s income is £208,30058.
57 Caculation: £14,400 x 22% x 6/12 = £1,584
58 Caculation: £208,400 – £100 = £208,300
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In addition, I have caculated the taxable benefit of Julia which includes removal exepenses, benefical
loan, and vehicle benefit. Therefore the total taxable benefit of Julia will be £5,95459, and all the taxable
benefit will belong with the non-saving income of Julia.
Summary, we have the table of Julia’s tax amount below:
Non-SavingIncome
SavingIncome
DividendIncome
Total
Trading Income £64,000Salary £120,800
Property Income £5,100
Interest from Building Society
£11,200
Dividend £7,200
Total £208,300
Taxable Benefit
Removal Expenses £3,600
Benefit loan £770
Car benefit £1,584
Total Taxable Benefit £5,954
Taxable income £195,854 £11,200 £7,200 £214,254
3. Tax Liability:
According to the scenario that during the tax year 2011 – 2012, Julia made gift aid donation totalling
£4,400 which is considered as net to national charities, so after tranlating to gross by 20%60, the gross
of girt aid donation will be £5,50061. According to HMRC that Gift Aid is a way for charities to increase
the value of monetary gifts from UK taxpayers by claiming back the basic rate tax paid by the donor on
59 Caculation: £3,600 + £770 + £1,584 = £5,954
60 HMRC Websites, n.d: Tax relief for charities: http://www.hmrc.gov.uk/charities/gift_aid/basics.htm
61 Caculation: £4,400 x 100/80 = £5,500
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the donation62, the Gift Aid Donation will not deducted in the tax structure, it is only used to expand tax
rate band:
Rate 2011-12
Starting rate for savings: 10%* £0 - £2,560
Basic rate: 20% £0 - £40,500
Higher rate: 40% £40,501 - £155,500
Additional rate: 50% Over £155,500
Additional rate: 45% from 6 April 2013 N/A
Figure: New Tax Rate by the Gift Aid Donation of Julia
Based on the new tax rate above, I will calculate the tax liability for Julia:
Non-Saving Income:
In order to caculating taxable of non-saving income, I have to minus personal allowance from non-
saving income. However, the personal allowance of Julia is zero63, so the taxable of non-saving income
is £195,584. Therefore, we have the tax liability of non-saving income as follows:
NSI Rate Tax Liability
£40,500 x 20% = £8,100
£114,999 x 40% = £45999, 6
£40,355 x 50% = £20177, 5
Total NSI £195,854
Total Tax Liability of NSI £74277, 1
Saving Income:
62 HMRC Websites, n.d: Gift Aid: the basics: http://www.hmrc.gov.uk/charities/gift_aid/basics.htm
63 Source: Task 2.1 – page 27
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Because the non-saving income of Julia is over 10% limit which is the starting rate, so saving income
of Julia will be caculated as non-saving income. Saving income of Julia is £11,200 is belong with the
basic rate which is 20%, so the tax liability of saving income is £2,24064.
Dividend Income:
According to tax fix website65 that the amount of money that Julia must pay as tax for her dividends
depends on the total taxable income. For the tax year 2011 -2012, if the total taxable income is below to
£150,000 then the tax rate for dividend will be 32.5%. If the total taxable income is more than £150,000
then the tax rate for dividend will be 42.5%. In addition, HMRC also applies 10% tax rate for dividend
if the total income is belong with the basic rate. For Julia, her total taxable income is more than
£150,000, so HMRC will apply 42.5% tax rate for her dividend, after caclating her dividend tax
liability is £3,06066.
Tax Liability
Tax Liability of Julia from Non-saving Income £74277, 1
Tax Liability of Julia from Saving Income £2,240
Tax Liability of Julia from Dividend Income £3,060
Total Tax Liability £79577, 1
4. Tax Payable:
64 Caculation: £11,200 x 20% = £2,240
65 Tax Fix Website: Paying Tax On UK Dividends: http://taxfix.co.uk/articles/paying-tax-on-uk-dividends/
66 Caculation: £7,200 x 42.5% = £3,060
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Tax payable is an amount of money that exactly Julia has to pay for HMRC, the total income tax
liability minuses tax deducted at source will be the tax payable of Julia.
Tax deducted at source:
From the income of Julia, the tax deducted at source will include:
- PAYE from non-saving income is £43,77767
- 20% of interest from building society (saving income) which is £2,24068
According to HMRC that interest on most savings include building society interest has 20 % tax deducted
before Julia receives it69
- 10% from Dividend (from dividend income) which is about £72070
According to HMRC that the dividend Julia is paid represents 90% of 'dividend income'. The
remaining 10% of the dividend income is made up of the tax credit. Put another way, the tax credit
represents 10% of the dividend income71.
Total Tax deduction at source is: £46,73772
Tax Payable of Julia is about £32,840
Summary Table:
Non Saving Income Tax Liability £74277, 1Saving Income Tax Liability £2,240Dividend Income Tax Liability £3,060Total Tax Liability £79577, 1PAYE from non-saving income £43,77720% of interest from building £2,240
67 Source: Scenario page 4, paragraph 8
68 Caculation: £11,200 x 20% = £2,240
69 HMRC Websites, n.d: Income Tax deducted at source from savings income: http://www.hmrc.gov.uk/incometax/ways-to-pay.htm
70 Caculation: £7,200 x 10% = £720
71 HMRC Websites, n.d: Tax on UK dividends: http://www.hmrc.gov.uk/taxon/uk.htm
72 Caculation: £43,777 + £2,420 + £720 = £46,737
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society10% from Dividend £720Total Tax deducted at source £46,737Tax Payable of Julia £32,840
5. Payment dates 73 :
In order to avoid the penalty from HRMC, Julia needs to know exactly the date to submit tax return and
the due day Julia pay tax.
There are two ways for Julia to submit tax return:
- 31 January for online returns
If Julia sends the tax return online to HMRC, the deadline will be 31 January or in other words that
if Julia sends the tax return online, then HMRC must receive her online tax return before the
midnight on 31 January.
- 31 October for paper returns
If Julia sends the tax return offline to HMRC by paper, the the deadline will be 31 Octorber. Or in
another words that HMRC must receive tax return paper of Julia before midnight on 31 October.
Deadlines for paying Julia tax that is 31 January, Julia must pay any Tax she owes by 31 January
following the tax year. The payment deadline is the same for both paper and online returns and there
are very few exceptions
73 Gov Website: Self Assessment Dealine: https://www.gov.uk/self-assessment-tax-return-deadlines
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Julia needs to pay tax before the deadline for HMRC, if she pays tax late, she will face up with some
penalties from HMRC. The specific information about the penalty of paying tax late is presented
above74
2.3 COMPLETE RELEVENT DOCUMENTATION AND TAX RETURN:
After calculating the tax liability for Julia, as a tax practitioner of L&T Company, I also have
responsibility in preparing and filling the tax return form and the relevent document for my client and
submit it to the HMRC.
According to scenario that Julia Gillard is a UK resident, she was born on 16th December 1970, she live
at B15 2TT Edgbaston, west Midlands Birminglam, and her tax code (NINO) is DA671892Z75. All
those information will be used to fill in some document to submit to HMRC.
There are a few forms that I need to prepare for her payment tax:
1. Form 64-8 - Authorizing tax practitioner76
This form is an important form, which is about the deal between tax payer and tax practitioner. The
authorises use it to communicate with an accountant, tax agent or adviser acting on your behalf. The
form covers authorisation for individual tax affairs (partnerships, trusts, tax credits and individuals
under PAYE) and business taxes (VAT, PAYE for employers and Corporation Tax).
74 Question 1.3 – Page 19
75 Source: Scenario Page 4 – the third paragraph
76 HMRC Websites, n.d : 68-4: http://search2.hmrc.gov.uk/kb5/hmrc/forms/view.page?record=cZuAgB_KEpk&formid=14
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2. Form SA103S77
This is the full version form of the SA103; this form is used for self-employment, business detail, VAT,
business income, allowable and disallowable expenses, capital allowances for vehicles and equipment,
calculating taxable profit or loss, CIS deductions, balance sheet, Class 4 National Insurance
contributions.
3. Form SA102 78
This is an employment form, if you are employed, whether it is part-time, full-time or casual employment, you
will usually have to complete Form SA102 Employment pages of the tax returns
4. SA105 UK Property Form79
Using the SA105 supplementary pages when filing a tax return if you are an individual or a rental
business declaring income generated from land and property in the UK, or chargeable premiums arising
from leases of land in the UK, or furnished holiday lettings in the UK, or a reverse premium.
5. Form P6080:
If you are an employer, you must provide a form P60 to each employee at the end of the tax year and
for whom you have completed P11. The P60 confirms an employee's final tax code and shows their
77 HMRC Websites, n.d : SA103S: http://www.theaccountancy.co.uk/articles/how-to-use-form-sa102-907.html
78HMRC Website: SA102: http://search2.hmrc.gov.uk/kb5/hmrc/forms/view.page?record=8MlslNCX1mI&formId=7287
79 .HMRC Website: SA105 http://search2.hmrc.gov.uk/kb5/hmrc/forms/view.page?record=OSWvtKIMh2c&formid=3187
80 HMRC Websites, n.d: P60 https://www.gov.uk/paye-forms-p45-p60-p11d/p60
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total pension and/or earnings for the year, as well as the year's total tax deductions and National
Insurance contributions. If you're an employee, keep form P60 as a record for self-assessment purposes
6. Form SA100:
SA100 is the main tax return for individuals. People use this form to file your tax return for income and
capital gains, student loan repayments, interest, pensions, annuities, charitable giving and to claim tax
reliefs and allowances.
7. Form P11D:
Your employer uses a P11D to tell HMRC about the value of any benefits in kind they've given you
during the tax year. Your employer will only declare them if you've earned at least £8,500 in the year,
including the value of the benefits. They will work out how much each benefit is worth, record it on the
form and send it to HMRC81
8. Form P8782:
This form is used to claim back work related expenses. The form is only used for employed tax payers
and not for the self employed.
9. Guidance HS25283:
This is a guidance which could help you fill in the capital allowances boxes in the Self-employment,
UK property, Employment and Foreign pages of your personal tax return. It also applies to the
Partnership Tax Return, the Trust and Estate Tax Return and the Tax Return for a non-resident
Company liable to Income Tax.
81 HMRC Website: P11D: http://www.hmrc.gov.uk/payerti/exb/forms.htm
82 UK intheblacksolutions Website: http://www.intheblacksolutions.co.uk/getting-tax-relief-expenses/
83 HMRC Website: HS252: http://search2.hmrc.gov.uk/kb5/hmrc/forms/view.page?record=yDSaRxbn_CQ&formId=3871
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10. Form R8584:
Use form R85 to tell your bank or building society that you qualify for tax free interest on your account
CONCLUSION
As a tax practitioner of L&T Company, my role and responsibility is helping my client who named
Julia in carrying out her tax responsibility with UK government. In this presentation, I already have
explained about UK tax environment, the role and responsibility of tax practitioner and the obligations
of tax payer as well as the implications of non-compliance. Besides, I have calculated the relevant
income, allowance and expenses, taxable amount and tax payable of Julia, and lastly is preparing and
filling the tax returns form and relevant documents which related in the taxation obligations.
84 HMRC Website: R85: http://search2.hmrc.gov.uk/kb5/hmrc/forms/view.page?record=nCRoVNw8-lk&formid=835
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References:
Advice Guide, n.d. PAYE System. [Online]
Available at:
http://www.adviceguide.org.uk/england/tax_e/tax_how_to_pay_income_tax_e/the_pay_as_you_earn_p
aye_system.htm
[Accessed 20th August 2014].
Anon., n.d. EIM26104 - The benefits code. [Online]
Available at: www.hmrc.gov.uk/manuals/eimanual/eim26104.htm
[Accessed 20th August 2014].
HMRC, n.d. About HMRC. [Online]
Available at: https://www.gov.uk/government/organisations/hm-revenue-customs/about
[Accessed 20th August 2014].
HMRC, n.d. Capital Gain Tax. [Online]
Available at: http://www.hmrc.gov.uk/rates/cgt.htm
[Accessed 20th August 2014].
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Prepared by Le Tran Uyen Vy (Vivien) – Taxation Assignment 1
HMRC, n.d. Corporation Tax Rate. [Online]
Available at: : https://www.gov.uk/corporation-tax-rates
[Accessed 20th August 2014].
HMRC, n.d. Direct Tax. [Online]
Available at: http://www.hmrc.gov.uk/complaints-appeals/how-to-appeal/direct-tax.htm
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Prepared by Le Tran Uyen Vy (Vivien) – Taxation Assignment 1
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44