Penalties for late filing of company accounts

There are late filing penalties which are designed to encourage companies to file their accounts and reports on time. All companies, private and public, large or small, trading or non-trading must send their accounts to Companies House. A penalty is automatically imposed by Companies House if the accounts are late.

The table of penalties for late submission is as follows:

How late are the accounts delivered Penalty – Private CompanyPenalty – PLC
Not more than one month£150£750
More than one month but not more than three months£375£1,500
More than three months but not more than six months£750£3,000
More than six months£1,500£7,500

Failure to file confirmation statements or accounts is a criminal offence which could result in the directors being personally fined in the criminal courts. Late penalties which are unpaid will be referred to collection agents and could result in a County Court judgement or a Sheriff Court decree against the company.

It is possible to appeal against a penalty, but it will only be successful if the appellant is able to demonstrate that the circumstances of the late filing were exceptional, for example, a fire destroying records a few days before the filing deadline.

According to Companies House guidance, an appeal is unlikely to be successful if it’s based on the following examples:

  • your company is dormant
  • you cannot afford to pay
  • your accountant was ill
  • you relied on your accountant
  • these are your first accounts
  • you are not familiar with the filing requirements
  • your company or its directors have financial difficulties (including bankruptcy)
  • your accounts were delayed or lost in the post
  • the directors or LLP members live (or were travelling) overseas
  • another director or LLP member is responsible for preparing the accounts.

Higher rate relief pension contributions

You can typically claim tax relief on private pension contributions up to 100% of your annual earnings, subject to certain limits. Tax relief is applied at your highest rate of income tax, meaning:

Basic rate taxpayers receive 20% pension tax reliefHigher rate taxpayers can claim 40% pension tax reliefAdditional rate taxpayers can claim 45% pension tax relief

For basic-rate taxpayers, the initial 20% tax relief is usually applied by the employer. Higher and additional rate taxpayers can claim the extra relief through their self-assessment tax return.

Taxpayers can claim on their self-assessment return for private pension contributions as follows:

20% relief on income taxed at 40%25% relief on income taxed at 45%

Alternatively, taxpayers can contact HMRC to claim the relief if they pay 40% income tax and do not submit a self-assessment return.

These rates apply in England, Wales, and Northern Ireland, but there are some regional variations for Scotland.

There is an annual allowance of �60,000 for pension tax relief. Taxpayers can carry forward any unused allowance from the previous three tax years, provided they made pension contributions during those years. The lifetime limit for pension tax relief was abolished as of 6 April 2023.

How would a Mansion Tax or Wealth Tax work?

There is no present mansion tax or wealth tax in the UK, but there is speculation that the Labour Party may be tempted to introduce either or both as part of Rachel Reeves’ first budget to be announced 30th October 2024.

Basically, it would involve taxing individuals or properties based on the value of their assets or properties. Here’s an overview of how each might work:

1. Mansion Tax

A mansion tax would specifically target high-value residential properties, typically above a certain threshold, with owners required to pay an annual tax based on the property’s value. Here’s how it might be structured:

Threshold: Often suggested for properties valued at �2 million or more.Rate: The tax rate could be progressive, meaning properties of higher value would incur a higher percentage of tax. For instance, properties valued between �2-5 million might be taxed at one rate, and those over �5 million at a higher rate.Valuation: Property values could be reassessed regularly, similar to how council tax bands are set. This would require significant administrative effort to maintain accurate property valuations.Objective: The mansion tax is often proposed to raise revenue from the wealthiest property owners, promoting fairness by redistributing tax burdens from those with lower-value homes.

2. Wealth Tax

A wealth tax would be a broader tax on an individual’s total assets, not just property. This could include real estate, investments, savings, and valuable personal assets like art or jewellery. Here’s how it might work:

Threshold: There would be a minimum threshold, such as �1 million or �5 million in net assets, above which individuals would be taxed.Rate: Like income tax, a wealth tax could have progressive rates (e.g., 1% on net wealth over �1 million, 2% on wealth over �5 million, etc.).Assets Covered: It would likely cover all global assets for UK residents, including property, shares, and business ownership. For non-domiciled residents, the tax might apply only to UK-based assets.Challenges: Wealth taxes are complex to implement as they require accurate and regular valuations of diverse types of assets. Tax avoidance and capital flight are common concerns with wealth taxes, as wealthy individuals might shift assets offshore or find legal loopholes to avoid the tax.

Potential Issues and Benefits

Administrative Complexity: Both a mansion tax and wealth tax would require significant resources for accurate valuation and enforcement. A wealth tax is particularly complex due to the wide range of assets involved.Equity and Redistribution: Proponents argue that these taxes would improve fairness by ensuring that wealthier individuals contribute more to public services. They would help to address income and wealth inequality.Economic Impact: Critics suggest that such taxes could deter investment, drive wealthy individuals out of the country, or reduce property values in high-end markets. There is also concern that middle-income households with high-value homes, but limited liquidity, could be adversely affected by a mansion tax.

Although these proposals have been floated by political parties like Labour, they have not yet been enacted in the UK due to political and economic concerns. However, similar systems are in place in other countries, such as France’s wealth tax (before it was mostly replaced by a property tax) and Switzerland’s wealth taxes.

Business sectors that need to comply with anti-money laundering regulation

Under UK law, the Proceeds of Crime Act 2002 (POCA) sets out the framework for tackling money laundering and the handling of criminal proceeds. Certain business sectors must register with supervisory bodies and comply with anti-money laundering (AML) regulations. These sectors are defined under the UK’s Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

The following sectors are required to register under UK law:

 

1. Financial Institutions:

�         Banks and Building Societies: Must comply with strict AML obligations, including customer due diligence, transaction monitoring, and reporting suspicious activities.

�         Credit Institutions: Non-bank financial institutions that offer credit services are also included.

�         Payment Institutions: Providers of payment services, including money transfer services, must register and comply with AML requirements.

2. Accountants, Auditors, and Tax Advisors:

�         Professionals providing accountancy or tax services are required to register and follow AML compliance rules, including identifying and reporting suspicious transactions.

3. Legal Professionals (Solicitors and Lawyers):

�         Legal professionals who engage in activities such as real estate transactions, managing client money, or creating companies are subject to AML regulations and must report suspicious activities to the UK’s National Crime Agency (NCA).

4. Estate Agents and Letting Agents:

�         Both residential and commercial estate agents are covered. Letting agents also need to register if they deal with monthly rents over �10,000.

5. Trust and Company Service Providers:

�         These include firms that create, manage, or advise on trusts, foundations, or companies. They must be registered with a supervisory body and adhere to AML laws to ensure they are not used for money laundering purposes.

6. High-Value Dealers:

�         Businesses that manage cash payments of €10,000 or more (or equivalent in any currency) must register as high-value dealers. This can include businesses dealing in luxury goods, such as:

                o    Precious metals or stones

                o    Art and antiques

                o    Cars and other high-value items

7. Gambling Businesses:

�         Casinos (both online and physical) are required to comply with AML regulations, given the risk of large sums of money being laundered through gambling. Other gambling businesses such as betting shops are subject to oversight, depending on their activities.

8. Cryptoasset Businesses:

�         From 2020, businesses involved in crypto assets, such as cryptocurrency exchanges and wallet providers, must register with the Financial Conduct Authority (FCA) and comply with AML regulations, including customer due diligence and transaction monitoring.

9. Money Service Businesses (MSBs):

�         These include currency exchange services, money remittance businesses, and cheque cashing businesses. They are regulated by HM Revenue & Customs (HMRC) and must register and comply with AML laws.

10. Insurance Intermediaries:

�         Those involved in life insurance and other investment-related insurance products must comply with AML rules, ensuring they do not facilitate money laundering.

 

In the UK, these sectors must register with their appropriate supervisory authority, such as the FCA, HMRC, or a relevant professional body. They are required to implement measures such as customer due diligence (CDD), enhanced due diligence (EDD) for high-risk customers, transaction monitoring, and suspicious activity reporting to prevent money laundering. Non-compliance can lead to significant penalties, including fines and potential criminal charges.

 

The primary supervisory bodies include:

�         Financial Conduct Authority (FCA): Supervises financial institutions and cryptoasset businesses.

�         HM Revenue & Customs (HMRC): Supervises money service businesses, high-value dealers, estate agents, and certain other sectors.

�         Legal and Accountancy Professional Bodies: Various bodies like the Law Society and Institute of Chartered Accountants in England and Wales (ICAEW) oversee legal and accounting professionals.

 

Penalties

 There are substantial penalties if organisations that should be registered do not register, or that observe the regulations and reporting requirements in a half-hearted manner.

Business concerns continue to plague UK SMEs

In the UK, business owners are grappling with inflation, labour shortages, access to finance, and supply chain disruptions, all of which are affecting business operations, particularly for small and medium-sized enterprises (SMEs).

Inflation: Rising Costs

Costs of raw materials, energy, and labour have increased, squeezing margins for businesses, especially in manufacturing, hospitality, and retail. Energy costs, fuelled by the war in Ukraine, have soared, disproportionately affecting energy-intensive sectors like manufacturing and food production.

This inflation has also reduced consumer purchasing power, lowering demand in sectors like retail and services. Businesses face the dual challenge of rising operational costs and price-sensitive customers, putting pressure on profit margins.

Access to Finance: Increased Borrowing Costs

Higher interest rates have significantly raised borrowing costs, forcing a number of businesses to delay investments. SMEs are particularly affected, as many have reduced loan applications due to concerns about affording repayments.

This has hit small businesses hardest, especially those relying on short-term financing or overdrafts for cash flow management. The collapse of regional lenders has further restricted credit access. Without affordable loans, SMEs struggle to invest in growth or even maintain daily operations, causing further anxiety about future business prospects.

Labour Shortages: Post-Brexit Strains

Labour shortages remain a significant issue, particularly in hospitality, construction, and healthcare. Brexit has limited the flow of EU workers, exacerbating recruitment challenges. According to the Confederation of British Industry (CBI), around 75% of UK businesses are struggling to fill vacancies. This shortage has forced wages up, adding another layer of cost for businesses already dealing with inflationary pressures.

SMEs, with smaller margins than larger firms, are struggling to balance rising wage demands and the need to attract talent. For industries like construction, labour shortages are causing delays, increasing project costs and affecting service levels.

Supply Chain Disruptions: Lingering Challenges

Supply chain issues persist for UK businesses, despite easing since the pandemic. Ongoing geopolitical tensions, such as the war in Ukraine and strained relations with China, continue to impact the availability and cost of materials. Brexit has added further complications, with new customs checks and increased paperwork causing delays for businesses relying on EU imports.

Manufacturers have been particularly affected by these disruptions, with delays in receiving materials leading to production slowdowns, missed deadlines, and cash flow issues. Businesses are still waiting for orders placed months ago, making it harder to manage inventory and customer expectations.

Economic Uncertainty: Cautious Optimism

Despite these challenges, UK business owners remain cautiously optimistic. Many are delaying major investments, focusing on short-term strategies to navigate economic uncertainty. Concerns about a potential recession, slow growth, and persistent inflation continue to weigh on business decisions.

Government schemes, such as energy relief and apprenticeship programmes, have provided some support, but many SMEs feel that more targeted assistance is necessary. Business leaders are urging the government to reconsider post-Brexit immigration policies to ease labour shortages and invest in upskilling the domestic workforce to meet long-term demands.

Conclusion

UK businesses are navigating a tough environment shaped by inflation, labour shortages, access to finance, and supply chain disruptions. SMEs are vulnerable to these economic pressures. While optimism remains, the overall outlook is cautious, and businesses are calling for more government support to help mitigate the impact of these challenges and foster a stable environment for future growth.

Financial Services Compensation Scheme

In the UK, bank deposit protections are provided through the Financial Services Compensation Scheme (FSCS). The FSCS offers a safety net for consumers in the event that a bank or financial institution fails. Key points about deposit protection in the UK include:

 

1.    Protection Limit:

The FSCS protects up to �85,000 per person, per financial institution. For joint accounts, the protection is doubled to �170,000.This protection covers deposits with UK-regulated banks, building societies, and credit unions.

 

2.    Temporary High Balances:

 For certain life events, such as selling a house or receiving a large inheritance or insurance payout, the FSCS provides protection for temporary high balances of up to �1 million for up to six months. This gives additional protection for larger sums that may be temporarily held in accounts.

 

3.    Coverage:

The FSCS covers various types of accounts, including savings, current accounts, ISAs, and other deposit-based accounts.FSCS protection is only available for institutions authorised by the UK’s Prudential Regulation Authority (PRA) and regulated by the Financial Conduct Authority (FCA) and PRA.

 

4.    What’s Covered:

 

The scheme covers cash deposits if a bank or building society fails, meaning customers are reimbursed their protected amounts without needing to take legal action.

 

5.    Exclusions:

 Not all financial products are covered by FSCS. Investments, insurance, and certain complex financial products may not fall under the same guarantees.

 

This scheme provides significant protection and is designed to maintain confidence in the UK’s financial system.

Restricted access to the Winter Fuel Allowance is confirmed

Parliament has agreed that the Winter Fuel Allowance payable 2024 will be limited to pensioners in receipt of Pensions Credits and certain other means-tested benefits.

Pensioners who are eligible to claim Pensions Credits and have not done so need to be entitled to Pension Credits for at least one day in the week September 16th to 22nd.

Pensioners are being urged to apply for Pension Credits, a benefit that could be worth on average �3,900 per year as well as providing access to the Winter Fuel payments.

Applications for Pension Credit can be made:  

On the How to Claim page  Over the phone by calling 0800 99 1234 (Monday to Friday 8am to 6pm)  By printing out and filling in a paper application form  For more information visit the Pension Credit GOV.UK page. 

Recent estimates confirm that 880,000 pensioners who are eligible to make a claim have not yet done so.

The simplest way to apply is to call the claims line 0800 99 1234.

Families, friends and neighbours are being encouraged to reach out to retired family members to encourage them to check their eligibility and apply. 21 December is the last possible date to make a successful backdated claim in order to receive the Winter Fuel Payment.

Eligibility

You can get a Winter Fuel Payment for Winter 2024-25 if you were born before 23 September 1958.

You must also live in England or Wales and get one of the following:

Pension CreditUniversal Creditincome-related Employment and Support Allowance (ESA)income-based Jobseeker’s Allowance (JSA)Income SupportChild Tax CreditWorking Tax Credit

In some circumstances, you might be eligible if you live abroad.

You will not be eligible if you

live in Scotland;have been in hospital getting free treatment for more than a year;were in prison for the whole of the week of 16 to 22 September 2024; orwere living in a care home for the whole time from 24 June to 22 September 2024.

What can we expect from the October Budget?

As the October 2024 Budget approaches, several key tax measures are anticipated based on Labour’s manifesto and previous policy announcements. Here’s what we might expect:

 

Capital Gains Tax (CGT): It is likely that the CGT rates may be increased, potentially aligning with income tax rates, which could push them up to 45% for property and other assets like shares. This would significantly impact investors including owners of let property and second homes.Inheritance Tax (IHT): Changes to IHT could include reducing exemptions for agricultural and business property, and there is speculation about the introduction of a “double death tax” where both IHT and CGT might be applied to inherited assets.Private School VAT: As announced, from January 2025, Labour is to impose VAT on private school fees, which will increase private education costs by 20%. Additionally, charitable business rates relief for private schools is expected to be removed starting in April 2025. Non-Domiciled Status: The non-domicile tax regime will be abolished by April 2025, affecting those who previously used this status to reduce their tax liabilities. A new residence-based regime will replace it. State Pension and Triple Lock: Labour has committed to maintaining the triple lock, ensuring pensions rise with inflation, earnings, or 2.5%, whichever is higher. However, there is concern that frozen tax bands could mean more pensioners paying income tax as their state pensions increase. Energy Profits Levy: The Energy Profits Levy on oil and gas companies is set to increase from 35% to 38%, continuing efforts to generate revenue from high-profit sectors.

 

In the October 2024 Budget, public expenditure cuts are expected alongside tax increases, as the government seeks to manage the fiscal deficit. Here are some anticipated areas for public spending reductions:

 

 Welfare and Social Benefits: While the state pension triple lock is set to remain, other welfare spending could face reductions. Means-tested benefits, such as Universal Credit and support for lower-income households, might experience tighter eligibility requirements or reductions in spending. And the Chancellor has announced that the Winter Fuel Allowances will be restricted to pensioners who receive pension credits. Local Government Funding: Local authorities might see reduced funding, potentially leading to cuts in public services such as libraries, waste management, and social care programs. These cuts could prompt councils to raise local taxes or fees to make up for the shortfall.Education: Although Labour is focusing on improving state education by introducing VAT on private school fees, broader cuts to education funding could still be possible. Non-essential programs and administrative overheads may be targeted to reduce costs.Health and Social Care: While the NHS is a political priority, there could be attempts to make the healthcare system more efficient by reducing administrative costs. However, direct cuts to healthcare services are unlikely given the political sensitivity surrounding the NHS.Defence and Policing: Defence spending may be constrained or redirected to focus on specific areas, such as cybersecurity, while traditional sectors like infrastructure investment could face reductions. Similarly, police forces may experience budget cuts, impacting non-frontline services.

 

At present, the Labour Party’s fixation with plugging the apparent �22bn ‘black hole’ in government finances will likely preclude any uplifting announcements in the coming budget.

New regulations for Online Digital Platform Operators

To comply with the new digital platform regulations effective from 1 January 2024, platform operators must register with HMRC. Here are the key details regarding registration and reporting:

Who Needs to Register: Any platform operator facilitating the sale of goods, services, accommodation, or transportation within the scope of the new regulations must register with HMRC if they are subject to UK laws. This includes platforms that are UK tax residents, incorporated in the UK, or have their place of management in the UK .
Registration Process:

Platform operators must notify HMRC that they are subject to the reporting obligations by 31 January 2025 for the 2024 calendar year.
HMRC will provide an online reporting service, and platform operators must register to use this service before submitting reports. This registration will enable them to upload seller information in a digital format (usually XML files).

Due Diligence and Data Collection: After registration, operators are responsible for collecting and verifying information about sellers (such as name, address, and tax identification number) and transaction data for reporting. Sellers must also receive a copy of the data submitted to HMRC .
Penalties for Non-Registration: Failure to register or comply with these obligations may result in penalties. Initial fines can reach £5,000 and continuing daily fines of up to £600 may apply if operators do not fulfil their reporting duties .

Platform operators should begin preparations to ensure timely registration with HMRC and compliance with the new data reporting requirements to avoid penalties.

Tax Diary September/October 2024

1 September 2024 – Due date for corporation tax due for the year ended 30 November 2022.

19 September 2024 – PAYE and NIC deductions due for month ended 5 September 2024. (If you pay your tax electronically the due date is 22 September 2024)

19 September 2024 – Filing deadline for the CIS300 monthly return for the month ended 5 September 2024.

19 September 2024 – CIS tax deducted for the month ended 5 September 2024 is payable by today.

1 October 2024 – Due date for Corporation Tax due for the year ended 31 December 2023.

19 October 2024 – PAYE and NIC deductions due for month ended 5 October 2024. (If you pay your tax electronically the due date is 22 October 2024.)

19 October 2024 – Filing deadline for the CIS300 monthly return for the month ended 5 October 2024.

19 October 2024 – CIS tax deducted for the month ended 5 October 2024 is payable by today.

31 October 2024 – Latest date you can file a paper version of your 2023-24 self-assessment tax return.

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