Month: August 2024

It is important that anyone responsible for the accounts and tax filing regime for private limited companies is aware of their obligations.

After the end of its financial year, a private limited company must prepare full annual accounts and a company tax return. The deadline for filing the first set of accounts with Companies House is 21 months after the date the company was registered with Companies House. Annual accounts must be submitted 9 months after the company’s financial year ends.

There is a fixed date for the payment of Corporation Tax which is 9 months and 1 day after the end of the relevant accounting period. Note that a company is usually required to pay the tax due in advance of the filing deadline for a company tax return.

In most cases a company’s tax return must be submitted within 12 months from the end of their accounting period. Online Corporation Tax filing is compulsory for company tax returns. Company tax returns have to be filed using the iXBRL data standard using either HMRC’s own software or third-party commercial software.

The accounting period for Corporation Tax is normally the same twelve months as the company financial year covered by the annual accounts. Note that there are penalties for late filing with Companies House and HMRC.

Where a taxpayer owns a business as a sole trader or in partnership, a capital gain will be deemed to arise if the business is converted into a company by reference to the market value of the business assets including goodwill. This could give rise to a chargeable gain based on the difference between the market value of the assets and their original cost.

However, in most cases the incorporation of the business will be done in such a way as to satisfy the conditions necessary to secure incorporation relief. One condition is that the entire business with the whole of its assets (or the whole of its assets other than cash) must be transferred as a going concern wholly or partly in exchange for shares in the new company.

It is important to note that where the necessary conditions are met, incorporation relief is given automatically and there is no need to make a claim. The relief works by reducing the base cost of the new assets by a proportion of the gain arising from the disposal of the old assets.

Although the relief is automatic it is possible to make an election in writing for incorporation relief not to apply. An election must be made before the second anniversary of 31 January next following the tax year in which the transfer took place e.g., an election in respect of a transfer made in the current 2024-25 tax year must be made by 31 January 2028. The election deadline is reduced by one year if the shares are disposed of in the year following that in which the business was incorporated.

1 August 2024 – Due date for corporation tax due for the year ended 31 October 2023.

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

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

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

1 September 2024 – Due date for corporation tax due for the year ended 30 November 2023.

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.

According to the competition and Markets Authority, certain UK banks are not meeting their obligations to keep customers informed about their products and services.

HSBC, Lloyds, TSB and AIB all failed to make available correct data on their products or services and have breached the Order in the following ways:

• HSBC failed to keep information about its branches accurate and up to date – 167 closed branches were listed as still being open and two open branches were not listed.
• HSBC failed to keep some of its annual rates for business loans and overdrafts accurate and up to date on its website.
• HSBC told some customers the incorrect maximum amount they would be charged for going into unarranged overdraft on their Personal Current Accounts.
• TSB failed to disclose the maximum amount customers would be charged for going into unarranged overdraft on their Personal Current Accounts.
• AIB failed to make available the correct annual rates for some loans and some overdrafts through Open Banking and on its own website.
• Lloyds failed to make available addresses of 363 ATMs through Open Banking.

Compliance with the Order is closely monitored by the CMA and banks are obliged to report all incidences of non-compliance within 14 days.

Lloyds, TSB and AIB have confirmed they are making changes to their operations to prevent further breaches – ranging from enhancing their internal procedures, to improving oversight by senior managers, updating internal checklists and retraining staff.

In the case of HSBC – which the CMA considers has breached the Order more extensively in this instance – added measures are needed to prevent future breaches. To start the process, the CMA has issued HSBC with detailed directions which include an action plan to ensure full compliance in future.