Autumn Statement announces improved legislation to tackle disguised employment
Expected to raise £400 million each year, the Chancellor announced in the Autumn Statement that current legislation to prevent employment intermediaries being used to avoid employment taxes by disguising employment as self-employment, will be amended.
Finance Bill 2014 will, after a period of consultation, strengthen existing legislation to ensure the correct amount of tax and NICs are paid where the worker is effectively employed. The improved legislation will apply from April 2014.
At 1.306 of the statement it read, “As the next step, Autumn Statement 2013 announces action to prevent employers and employment intermediaries from avoiding employer NICs and circumventing their employer obligations. The government strongly supports enterprise and those who choose to work for themselves, and believes that the tax system should continue to recognise the additional risk someone who is genuinely self-employed takes on.
“But the government is acting now to level the playing field so that companies cannot use employment intermediaries to disguise employment as self-employment and thus avoid employment taxes and deny employment rights to their workforce. The government will legislate to prevent employment intermediaries from being able to use contrived contracts to disguise the employment of workers. This will take effect from April 2014 and raise around £400 million each year.”
The legislation referred to is unspecified causing some commentators to begin speculating. One plausible theory is that the government may have in mind the type of company, that provides payroll bureaux and other services within the construction industry and which interposes themselves between the main contractor and the sub-contractor thereby adopting responsibility for engaging the sub-contractor.
All should be revealed next Tuesday when the draft Finance Bill 2014 clauses are published.
Other highlights of the Autumn Statement include:
Personal tax – Income Tax and NICs
Transferable tax allowances for married couples
From 6th April 2015, spouses and civil partners will be able to transfer £1,000 of their personal allowance to their spouse or civil partner, provided neither partner is a higher or additional rate taxpayer.
Income Tax relief for qualifying loan interest
Interest paid on loans to invest in close companies and employee-controlled companies will be extended to investments in EEA companies, as from April 2014.
Close company loans
Following consultation earlier this year, it is not proposed that any immediate changes be made to the structure of the tax charge on loans from close companies to individuals who have a share or interest in them.
Employers NIC for under 21s
No employers NIC will be due for those employees aged under 21 with effect from April 2015, with the exception of those earning more than the Upper Earnings Limit – £42,285 p.a. in 2015/16.
Corporation Tax
Associated company rules will be replaced with simpler rules, as from April 2015, when the main rate and small profits rate of corporation tax are unified at 20%.
Marketed avoidance schemes
High-risk promoters
Following consultation this summer, the government will introduce objective criteria for identifying high-risk promoters and a higher standard of ‘reasonable excuse and reasonable care’ that will apply to them. Clients of high-risk promoters will also be required to identify themselves to HMRC.
Penalties and accelerated tax payments in avoidance cases
New powers will be introduced to compel taxpayers to amend their tax returns where they have used a tax avoidance scheme that has been shown not to work in another party’s litigation. They will also face a new penalty if they pursue litigation and are likewise unsuccessful.
In addition, new ‘pay now’ notices will be issued to those taxpayers who use tax avoidance schemes which have already been defeated in the courts. This is intended to remove the cash advantage from those who sit and wait during a tax avoidance dispute.
Avoidance and evasion
With effect from 5th December 2013, two loopholes will be closed to reinforce the UK’s double taxation relief policy that relief for foreign tax should only be given where income has been doubly taxed, once in the UK and once in the foreign territory.
Capital Gains Tax (CGT)
Private residence relief
The final period of ownership which will always be treated as a period of residence to claim exemption from CGT on the sale of a principal private residence will be reduced from 36 months to 18 months from April 2014.
Non-residents
Non-residents who dispose of a UK residential property will be liable to CGT as from April 2015.
Tax Simplification
The government has asked the Office of Tax Simplification (OTS) to carry out a review of what the government can do to further improve the competitiveness of UK tax administration.
Four of the OTS’s ‘Quick Wins’ identified in their interim report on employee benefits have been implemented. A further 9 will follow in January of next year, with a further 10 to be considered by the end of this Parliament. The government will consider the OTS’s final recommendations ahead of Budget 2014 on receipt of its final report.
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