Tuesday, 22 May 2012

SELLING OLYMPIC TORCHES



There was controversy this week as an Olympic torch apparently sold on eBay for £153,100. The seller, Sarah Milner Simonds, told BBC Breakfast "it's not me to keep a shiny trophy on the mantelpiece when you can do something good with the money". She says she is going to give the money to a community gardening group. But she may end up with a very large tax bill as well. 

Any Olympic torchbearer who sells their torch may be liable for tax on the proceeds, even if they give the money to charity.

If the price fetched is more than £12,360 the torchbearer will have to pay Capital Gains Tax (CGT). If they give the money to charity through Gift Aid they may also have to pay some extra income tax depending on their own income and how much they give. 

CAPITAL GAIN
Capital Gains Tax is due on the gain - which is the difference between the selling price and the cost of the item including any expenses of the sale. 

The cost of the Olympic torch is low to the torchbearer. Those who are sponsored by Coca Cola or Samsung can simply keep the torch - the sponsors pay for them. Other torchbearers who want their torch can buy it from the London 2012 organising committee (LOCOG) on the day of their run for £215. Some will have paid slightly less – £199 – if they bought the torch well in advance of the start of the relay. There is an extra charge for a stand. The uniform is free.

(Incidentally, the torches cost LOCOG £495 each which is almost £4 million for the 8000 that were made.)

If the torch is sold on eBay total fees are likely to be around £41.30. Some special promotions can reduce that cost or increase it slightly. If the item is listed initially as one from which the proceeds will all go to charity eBay will waive the fees. But giving all the proceeds to charity may not be a good idea.

THE TAX
The torch counts as a ‘chattel’ – a personal possession. No Capital Gains Tax (CGT) is due if the selling price is £6000 or less. If it is less than £15,000 then the gain is limited to 5/3 of the selling price above £6000. So if the sale was for £10,000 then the gain is (£10,000-£6000) x 5/3 = £6,667. On that amount no CGT would normally be due as everyone gets a CGT allowance of £10,600 this year. Effectively this means that a sale price of up to £12,360 is free of CGT because the gain would count as (£12,360-£6000)x5/3=£10,600 under the chattels rule. That is equal to the annual CGT allowance in 2012/13 and so no CGT would be due.

If the selling price is more than £12,360 then some CGT would be due. The tax is levied at two rates – 18% and 28% – on the excess above £10,600. The calculation is complex and depends on the individual’s taxable income.

If they pay higher rate tax on their income in 2012/13 then the whole of the gain above £10,600 is taxed at 28%. If their income is lower than that then the gain above £10,600 is put on top of their taxable income after the tax-free personal allowance has been deducted. The chunk between their income and the level of higher rate tax is taxed at 18%. The balance above that is taxed at 28%. On a gain of £100,000 the tax would be at least £21,595 if the individual had no other income and up to £25,032 if they did.

All these calculations assume the person has no other capital gains in the year.

Capital Gains Tax is collected through self-assessment. The individual has a duty to notify HMRC of a gain in this current tax year 2012/13 by 5 October 2013. HMRC would then send out a self-assessment form for 2012/13. The individual would need to fill the return it online by 31 January 2014, though that date can be extended if HMRC did not notify the need to fill one in until after 31 October 2013. Deadlines for paper forms are earlier.

CHARITY
Even if the proceeds of selling the torch are given to charity CGT will still have to be paid. Gift Aid has the effect of reducing the rate of CGT so all the gain is taxed at 18% rather than some of it at 28%. But it does not wipe out the CGT liability.

For example, someone with a gross taxable income of £30,000 who sold a torch for a net profit of £50,000 would normally pay £9784.50 in CGT. If they gave the proceeds of the sale to charity the CGT would be reduced to £7092. They could pay that by giving just £42,908 to the charity. The CGT charge would be the same which they could meet with the £7092 withheld from the proceeds. The charity will claim Gift Aid relief from HMRC so will get another £10,727 making a total of £53,635.

However, the Gift Aid relief can lead to an extra charge of income tax. A Gift Aid donor has to have paid at least as much tax as the relief claimed by the charity. The tax paid can be a combination of income tax and capital gains tax in the tax year the gift is made in. If the donor has not paid sufficient tax they must reimburse HMRC for the gift aid relief in excess of the tax they have paid.

So in some circumstances where income is low and the gift is large there could be extra tax to pay.

In the example above if the individual’s income was £20,000 rather than £30,000 and they retain £7092 to pay the CGT and make a gift of £42,908 the total tax they have paid is £7902 CGT and a further £2379 on their income of £20,000. That total is £9471. But the charity would reclaim £10,727 gift aid relief on the £42,908 donation and the £1256 difference between the two (£10,727 - £9471 = £1256) has to be paid in extra income tax. The charge could be avoided if the individual gave the charity £37,844. That would leave the proceeds of the torch as follows: to charity £37,884. To CGT £7092. And to self £5024. The charity then claims £9471 gift aid relief which is exactly the amount of tax the individual has paid. In total the charity gets £47,355.

CONCLUSION
Anyone who has sold a torch for more than £12,360 should see a qualified tax advisor or accountant whether or not they want to give some or all the proceeds of the torch to charity.

Anyone who is wondering if they would ever be caught should remember that  HMRC is already chasing more than 30,000 online sellers to get their tax sorted out and it monitors eBay and other online selling sites. It would be very easy for HMRC to identify everyone who sold an Olympic torch on eBay. And HMRC knows they were acquired for next to nothing.

Anyone who has not yet sold their torch but would like a charity to benefit can avoid all these problems by giving the torch itself to a registered charity and let the charity sell it. No CGT is then payable by the donor or the charity. Do not let the charity try to claim Gift Aid relief (an extra 25%) on the amount realised for the torch. That would involve the donor keeping ownership until the charity sold it on their behalf. The donor then gives the proceeds. So back to paragraph one.

To qualify for Gift Aid the organisation has to be a genuine charity. That is
  •  an organisation in England or Wales registered with the Charity Commission
  • an organisation in Scotland registered with the Office of the Scottish Charity Regulator  
  •  a Community Amateur Sports Club (CASC) registered with HMR
  • an organisation in the EU or Iceland or Norway accepted by HMRC as a charity for Gift Aid donations

If the organisation you want to give to is not a charity then Gift Aid is not possible. The CGT would usually be more. But you would of course be free to give the balance after tax to the organisation.

And what will Sarah Milner Simonds have to pay in tax if she gets her £153,100? Depending on her income and how much she gives to a registered charity her CGT bill will be between £25,000 and £40,000 CGT and she may have to pay some extra income tax as well.

NOTES
My thanks to the two accountants, the Chartered Institute of Taxation, and HMRC who all helped me understand this arcane nonsense. Any errors are entirely mine. Do not rely on this article to make financial decisions – always seek professional advice from a qualified accountant or tax advisor first.

Tuesday, 8 May 2012

HAS EUROPE RUN OUT OF OTHER PEOPLE'S MONEY?


8 May 2012 BBC Radio 4, Today Programme 
06:16

Jim Rogers co-founder with George Soros of Quantum Fund 

“The banks are bankrupt, Spain is bankrupt somebody has got to put up money or we have to acknowledge reality and declare bankruptcy.

“Our problems in Europe and in the world are not over yet. ...even the austerity plans have debts still rising in every country in Europe. That is not solving the problem that is making the problem worse. So whether it is this month because of the Socialists in France or next month because of a new election in Greece or next year because of German elections these problems are going to come back until somebody accepts reality, realises that these people have spent more money than they have and figure out a way to resolve the problem - either go bankrupt or cut spending with a chainsaw.

“The debts continue to go higher, nobody’s debt is going down. If you don’t face reality now you can face it in 2014 or 2016 and at that point nobody’s going to put up any money and at that point the chaos is going to be much, much worse. Somewhere along the line you run out of other people’s money.

“[Electorates] have rejected it. Everybody wants a free lunch. Somebody’s got to face this eventually. Eleven governments have been replaced in the last few years in Europe by electorates that have said we don’t like what’s going on. I don’t like it either. But the facts are these, governments for 30 or 40 years have been spending money they didn’t have. But eventually somebody’s got to come up with the money and there is no money any more.”

Hear it here www.bbc.co.uk/iplayer/b006qj9z/console at 16 minutes in.

Thursday, 3 May 2012

CAN YOU GET SELF-ASSESSMENT FINE CANCELLED?

Her Majesty's Revenue & Customs is fining 650,000 people £10 a day. The new daily penalties began this month for anyone who has to complete a 2010/11 tax return but hasn't yet filed it. The fines go on for up to 90 days - a possible £900 - and are on top of the automatic £100 penalty for anyone who filed their return online after 3 February.
 
It is a nice little earner for HMRC bringing in £6.5 million a day from 1 May to potentially 29 July.
 
But HMRC has admitted that 12,000 of those who have been told they are clocking up the penalties should never have been sent the letter. And I believe there may be many more who can get the penalties quashed.
 
In March the Revenue wrote to all 10 million in self-assessment to remind them to file next year's return. With the letter was a leaflet printed in big red type saying that some people could be taken out of self-assessment altogether. It listed eight questions - such as are you self-employed, is your income above £100,000, do you rent out property? If you could answer 'no' to all eight you were invited to call the self-assessment helpline and see if you could be taken out of self-assessment and have all fines cancelled.
 
Altogether 130,000 successfully took that opportunity. But the Revenue rather spoiled things by writing to 12,000 of them by mistake and saying they were liable to the £10 a day fine. It has now apologised and is writing back telling them not to worry.
 
Those 130,000 who escaped self-assessment were the lucky ones. Thousands of others tried to call the Revenue self-assessment helpline but gave up. Even now I am getting accounts of attempts to get through lasting an hour or more before failing. But it is worth persisting.
 
The Revenue has told me that anyone who should not be in self-assessment can be taken out and have all fines cancelled. And the only way to get that done is to call.
 
The number is 0845 900 0444, wait for the main menu, press 3 and then 1. Lines are open 0800-2000 Mon-Fri and 0800-1600 Saturday.
 
Here are the eight questions you must be able to answer 'no' to:-
 
1.  Were you self employed or a partner in a business any time in 2010/11?
2.  Were you a company director?
3.  Was your income £100,000 or more?
4.  Did you get more than £10,000 in savings or investment income?
5.  Did you get more than £2,500 in untaxed income?
6.  Did you rent out property
7.  Did you get foreign income liable to UK tax?
8.  Are you an employee claiming more than £2,500 in expenses or professional subscriptions?
 
In addition to those eight questions HMRC might have added
 
9.  Are you a minister of religion (any faith)?
10. Is your state pension bigger than your tax allowance?
11. Are you over 65 with an income above £22,900 in 2010/11?
12. Did you have Capital Gains Tax to pay?
 
'Yes' to any of those may scupper your chances too. But if you have what my Dad would have called 'a nap hand' of 'no' to all twelve then you should not have been told to fill in a tax return for 2010/11 and you can come out of self-assessment and get all penalties cancelled.
 
Even if you answer 'yes' to the odd question or two it is still worth trying. And definitely worth looking at HMRC's guide to who has to be in self assessment http://www.hmrc.gov.uk/SA/need-tax-return.htm. It has more detail than the lists above.
 
If you stay in self-assessment and do not file your return the fines are not over yet. The £10 a day penalty ends on 29 July. But then another £300 is charged on 1 August and another £300 on 1 February 2013. By then of course the 2011/12 return will be late as well! Interest - currently 3% pa - can be charged on late paid penalties.
 
Those fines apply even if you owe no tax. So make that call and hang on. Remember it is cheaper to call 0845 numbers from a landline than a mobile - they may even be included in your price plan. If you are abroad you can call +44 161 931 9070 with apparently much less delay and annoying verbiage than on the UK 0845 number.
 
If you owe tax then those £300 fines are the minimum. If the tax due is more than £6000 then you will be fined 5% of that amount instead.
 
In addition there are extra penalties added to the tax you owe - 5% is added on 1 March, 31 July, and 31 January 2013. And interest - currently 3% pa - is charged on all tax due and on the late filing fines. Phew!
 
So if you cannot come out of self-assessment get that return filed as soon as you can.
 
FIDDLY BITS
The dates given above are the standard dates. They can be later if you were not sent a form or told to file a return in April 2011. See http://www.hmrc.gov.uk/sa/deadlines-penalties.htm for full details.
 
If you have not filed your return but have a reasonable excuse for not doing so then you can be let off the penalties. More details here http://www.hmrc.gov.uk/online/excuse-missed-deadline.htm if you were serving overseas in the armed forces at the relevant date that can also be a reasonable excuse for being late.
 

Wednesday, 18 April 2012

LOSING EMPLOYMENT & SUPPORT ALLOWANCE


About 100,000 ill and disabled people will lose their Employment and Support Allowance on 30 April 2012.

From that date a new time limit will apply to the Employment and Support Allowance which is paid on the basis of National Insurance contributions. It is called contributory ESA. At the moment it can be paid indefinitely. In future the allowance, worth £99.15 a week, will stop after one year.

The one year time limit will apply at once to an estimated 100,000 people who have already been on contributory ESA for at least a year. Another 100,000 will lose it by April 2013.

The number affected will grow by about 200,000 a year. By 2015/16 a total of 700,000 people on contributory ESA will have lost it when they reached the one year time limit. The Government estimates the net savings to the Treasury will be £1 billion in 2014/15.

More detail
Employment and Support Allowance is paid to people who are too ill or disabled to work. It was introduced in October 2008 to replace Incapacity Benefit. Everyone on Incapacity Benefit is being reassessed and put into one of two ESA groups.

The time limit applies to people in what is called the Work Related Activity Group (WRAG). They have been assessed as able to return to work with some help. The time limit does NOT apply to those in the Support Group who are not expected to return to work because their condition is long-term and severe.

The time limit applies to ESA which is based on National Insurance contributions (contributory ESA). It does NOT affect the means-tested (income-related) ESA paid to those with a low income.

The time limit includes the 13 weeks spent in the assessment phase at the start of the claim for ESA when people are allocated to the work group or the support group.

Can you get money from other sources?
If you are due to lose ESA you should have been sent a letter by the DWP. It is very important to check if you can replace at least some of the ESA you will lose.

1. Can you claim income-related ESA? That is based on your income and savings and if you have a partner on theirs as well. You cannot get income related ESA if your partner works more than 24 hours a week or if their income is too high or your joint savings are more than £16,000. The Government estimates that 60% of those who lose contributory ESA will be able to get at least some income-related ESA. Income-related ESA has no time limit. If you get income-related ESA you may be able to get some help with mortgage payments.

2. Can you get your council tax reduced through Council Tax Benefit? If you pay rent can you get that reduced through Housing Benefit? If you already get either of those benefits they should go up when your ESA goes and your income is reduced. But that will only happen if you tell the council which pays them about your drop in income.

3. Can your partner get Working Tax Credit? If you have no children your partner must normally work at least 30 hours a week to get Working Tax Credit. But if they are over 60 or qualify for disability element that is just 16 hours a week. If you have children then your partner must normally work at least 24 hours a week (assuming you do not work at all). But that may be reduced to 16 hours for a variety of reasons including your own health. Get advice. If your partner already gets tax credits make sure you report your reduced income when ESA stops. Your partner's tax credit should then increase.

The Government estimates that claiming extra from these other benefits will reduce the average loss for those who lose from the full £99.15 a week to about £52 a week.

Where to get help
You can get help and advice from your local Citizen's Advice Bureau. Your local council may have a welfare rights office, though these have been cut back recently. You can also enquire at your local JobCentrePlus. Or you can work out your own entitlement at www.entitledto.com. That takes you to the website of  www.turn2us.org.uk and you can call them on 0808 802 200. The organisation Disability Rights UK may be able to help through its website or publications www.disabilityrightsuk.org/about.htm

The Government published some information on the impact of the Welfare Reform Act on disabled people which you can find through this page www.dwp.gov.uk/policy/disability/welfare-reform-bill-2011-and-disabled. Many of the figures in this blog are taken from the estimates in those documents.

Monday, 16 April 2012

TREASURY INCOME TAX FIGURES - UPDATED

These are the figures the UK Treasury gave to the press 15/16 April 2012.

Table 1
Proportion of individuals reporting various average tax rates by total income category (2010-11)
                                              Income 
£100k to £150k £150k to £250k £250k to £500k £500k to £1m £1m to £5m £5m to £10m Over £10m
Average tax rates
Above 40% 0% 6% 73% 81% 80% 81% 72%
30% to 40% 67% 77% 18% 11% 10% 8% 12%
20% to 30% 24% 13% 5% 4% 5% 4% 8%
10% to 20% 8% 3% 2% 2% 2% 3% 3%
Under 10% 1% 2% 2% 2% 3% 4% 6%








Source: Treasury/HMRC

HM Treasury spokesman: “There are currently millionaires paying a lower tax rate than ordinary taxpayers.  This is the system we have at the moment, but the Government is committed to making it fairer.  We’re capping benefits and these figures clearly show why it’s fair to cap tax reliefs for the wealthy as well.”
_________________________________________________________________________


MY ANALYSIS
The table shows the percentage of people paying the rate of tax in the left hand column for income across the top.
The Treasury table above includes only Income Tax not Capital Gains Tax nor National Insurance
The Treasury table shows average tax rate across all income, not marginal rate.

The 50% tax rate on incomes over £150,000 began in 2010/11.

I have worked out the percentage in Income Tax and NI due on these levels of taxable income if no avoidance was undertaken. So these are the rates that 'should' be paid.

Table 2
Full tax on taxable income of

Source:      £100k      £150k         £250k      £500k      £1m     £5m        £10m
Earnings 29.9% 35.0% 41.0% 45.5% 47.8% 49.6% 49.8%
Dividends 16.6% 20.5% 26.7% 31.4% 33.8% 35.6% 35.9%
Source: Paul Lewis using UK Tax Tool 2012 app and uktaxcalculators.co.uk









You will see that the percentage of income paid in tax is very different if it is solely from dividends. The rows in the Treasury table where people could be said to be avoiding tax are the bottom three. The top row are paying about their full whack and row four may or may not be depending on dividend/earnings ratio.

The numbers of individual taxpayers in the various bands - calculated by me from the Treasury figures - are shown in Table 3 below

Table 3


Number of individuals (2) reporting various average tax rates by total income category 
 Income 2010/11   
£100k to £150k£150k to £250k£250k to £500k£500k to £1m£1m to £5m£5m to £10mOver £10mTotal (3)
Average tax rates
 Above 40%              -      10,200    51,100    20,250     8,000        324            144     90,000
 30% to 40%   201,000  130,900    12,600      2,750     1,000          32              24   348,300
 20% to 30%     72,000    22,100      3,500      1,000        500          16              16     99,100
 10% to 20%     24,000      5,100      1,400          500        200          12                6     31,200
 Under 10%       3,000      3,400      1,400          500        300          16              12       8,600
Total (1)  300,000  170,000    70,000    25,000  10,000        400            200 
(1) Treasury says these figures are approximate as all selfassessment returns are not in yet
and it stresses that the numbers at top incomes are very low and subject to error
(2) My calculations in the table are particularly liable to inaccuracy at the top end
(3) Rounded to nearest hundred
(4) totals do not cross match because of approximations in percentages and totals


These figures show there are 8,600 people with incomes of £100,000 or more paying less than 10% tax and 31,200 paying 10% to 20%. They cannot be paying the full rate of tax on all their income.

Another 99,100 paying 20% to 30% are unlikely to be paying tax on all their income.

The 348,300 paying 30% to 40% and the 90,000 paying above 40% are likely to be paying tax on almost all or all their income depending on the proportion of dividends and earnings in their income.

The Budget papers showed capping several tax reliefs at 25% of income or £50,000 whichever the higher would save the Treasury £490m in 2014/15, £240m in 2015/16 and £300m in 2016/17. Treasury Secretary David Gauke said on 16 April on Today on Radio 4 that the charity tax relief would account for "£50m-£100m" of the 2016/17 saving.

The Treasury wouldn't be drawn on what change the cap would make on the percentages of taxpayers paying various rates, but told me "The cap should mean people move up the rows."


Wednesday, 11 April 2012

WINE INVESTMENT – BORDEAUXING ON THE RIDICULOUS


It all started with the pun in the title. Here is the timeline of how my tweeps responded to it.


Paul Lewis ‏ @paullewismoney  Wine investment - Bordeauxing on the ridiculous.

Michael Ware ‏ @HorusConsulting
good pun

Paul Lewis ‏ @paullewismoney 
“@HorusConsulting: @paullewismoney good pun” >>> it's not a pun, it's financial advice!!!

Bee Chandler ‏ @mummyyummy34  
you're on top form tonight! #cheers

Paul Lewis ‏ @paullewismoney 
@mummyyummy34 >>> cheesy but with a hint of oak and blueberries over notes of grass?

Quizzical Eyebrow ‏ @quizeye  Can somebody tell @paullewismoney that Tim Vine has hacked his twitter account please?

JSA+Expenses ‏ @JSAplusExpenses 
wine investment>>>investors chablis treated

Andrew Hill ‏ @AndrewJ_Hill 
Sadly the web has yet to find a way to succinctly express a sigh, shake of the head and roll of the eyes after a poor joke.

Stuart Walker ‏ @WalkerSah 
Investors end up in Hock?

Odysseus ‏ @headedforhades
corking advice at that! #badoomtish

De Bere Yendor ‏ @debere71 “@paullewismoney: Wine investment - Bordeauxing on the ridiculous.” A "corking" joke Sir !

De Bere Yendor ‏ @debere71 
One needs a lot of bottle to invest in wine !!

Neil Monk ‏ @nm_uk *groan* Taxi for Lewis! RT @paullewismoney Wine investment - Bordeauxing on the ridiculous.

Computer Solutions ‏ @KenilworthComps 
Oh that's very good or even Bordeauxing on the Reisling

James Jones ‏ @ExperianJames 
Invest in wine and the future has to be rosé.

Jon Cundall ‏ @jon_g_c
regarding wine investment - you will get your money back merlot less

CB ‏ @thistoomustpass
wine investments, whether good or bad....Que Syrah Syrah

EmJ ‏ @Scooty413 
without a top - cabriolet sauvignon?

rightproperty.com ‏ @rightproperty 
that's a poor wine investment joke. How Merlot can your followers go?

Stuart Hill ‏ @sturtle1 
Are wine investors 'plonkers' ?

Paul Lockett ‏ @plc69 
Oh, stop w(h)ining!! ;-)

karen hobbs ‏ @karenhobbs 
it's all in the disulphide bonds!

Grant Salisbury ‏ @GrantSalisbury1 
What does Jeremy VINE think about it all?

I thought about investing in wine but my bottle went.

Optimum Otium ‏ @Optimum_Otium 
Major concern is that of liquidity...

Greg Fradd ‏ @fredgruff 
Sauvignon pennies for rainy day.
Look after the Pinots and the pounds will look after themselves. 

Robin Hames ‏ @robinhames 
bit late on this one! But presumably you'd have to be off your Rioja to invest.
Still any port in a storm for some.

So, it’s up to you. But remember…

…it's not a pun, it's financial advice!!!

These investments – and this page – are not regulated by the Financial Services Authority and any loss of humour is not covered by the Financial Services Compensation Scheme.

GRANNY TAX II



Imposing the Pay As You Earn (PAYE) tax collection system on the state pension – an Easter idea floated by the Treasury – could  be a disaster.

Not just because it would combine the communication and administrative talents of DWP and HMRC – a toxic mix if every there was one.

But because PAYE is least able to cope when income changes during the tax year and when there is more than one source of income.

Which is exactly what happens at retirement and after.

PAYE is a way of collecting tax not assessing it. That is why every year millions of tax codes are wrong, too little or too much tax is deducted, and HM Revenue & Customs has to write to those taxpayers asking them to send more money or enclosing a refund cheque - or sometimes both.

PAYE works well when people have a single smooth regular income. That is not the common experience in retirement. Eight out of ten older taxpayers have multiple sources of income.(1)

There is no longer one retirement age. People move from full time work to part-time, pensions kick in at different ages, and the state pension arrives at a date that is set to rise to 68 or beyond.

As retirement takes hold some taxpayers move to incomes too low to pay tax. Others who have not worked for some time will find the state pension is their first taxable source of income for years. Many will acquire a second, third or fourth source of income as pensions kick in and perhaps part-time work is started. 

All those changes may happen over several tax years. And they are exactly the conditions which baffle PAYE and lead to under- and over-payments of tax followed by recovery or repayment, often years later.

It may not matter too much to someone in a well paid job if they suddenly get a demand for hundreds of pounds tax. It certainly will matter to someone on an income of £12,000 a year.

MPs reported in February 2010 that an estimated 1.5 million older people had overpaid £250 million of tax on their personal and company pensions and half a million had underpaid £100 million. (1)

Why extend those problems to the state pension as well?