The Salary Calculator

Self Assessment rules refresh

by Madaline Dunn

As the cost of living crisis drags on, nearly 200,000 low-earners have been hit with HMRC penalties for failing to file their tax returns. This high figure is a reminder of the scale of confusion that surrounds Self Assessment.

At The Salary Calculator, we’ll walk you through the key information, to help safeguard you against being hit with tax-related fines. Below, we’ll explore and explain:

• How many penalties were issued and why,
• The rules around Self Assessment,
• HMRC’s response and upcoming changes

HMRC issues hundreds of thousands of penalties to low earners

Recent figures have revealed that between 2018 and 2022, HMRC handed out 660,000 fines to earners who didn’t owe any tax. Eleven million people are required to submit a Self Assessment income tax return to document their other sources of income or past income. Missing the submission deadline on 31 January, means people are automatically hit with a £100 penalty.

For the 2020-21 financial year, 184,000 people were fined for failing to complete a Self Assessment tax form by this deadline. These 184,000 taxpayers were paid less than £12,500 a year, meaning they were not subject to income tax. A total of 58000 of the 184,000 low earners who were fined were successful in their appeal, bringing down the total to 126,000.

Thinktank Tax Policy Associates (TPA) obtained the data following a FOI request, and found that 92,000 people among the lowest-paid 10% of the population were fined by HMRC in 2020-2021, while just 39,000 of the highest-paid 10% received fines.

Speaking about this, Dan Neidle, a tax campaigner and founder of TPA, said: “We believe the law and HMRC practice should change. Nobody filing late should be required to pay a penalty that exceeds the tax they owe.”

“People are falling into debt and, in one case we’re aware of, becoming homeless as a result of HMRC penalties. Advisers working with low-income taxpayers see this kind of situation all the time, and filing appeals for late-payment penalties often makes up a significant amount of their work.”

What are the rules and penalty charges?

So, what are the rules around Self Assessment that you need to adhere to in order to avoid being hit with penalties?

If, in the last tax year, any of the following applied, you must file a tax return:

• You were self-employed as a ‘sole trader’ and earned over £1,000 (prior to deducting anything you can claim tax relief on)
• You are a partner in a partnership business;
• You are a minister of religion;
• You are a trustee or the executor of an estate.

There are some other circumstances where you might also need to file a Self Assessment Tax Return. You can find out more about that here.

It is important that you register with HMRC for Self Assessment by 5 October, following the end of the tax year in which the income or gains first arose. If you fail to do this, you may be subject to penalties. This deadline is extended to 31 October for paper returns.

Other key dates include 31 January, which is the deadline for both submitting your online tax return and paying the tax that you owe.

The second payment on account is due 31 July 2023, and by January, if you still owe HMRC tax following your payment on account, you’ll need to pay a balancing payment.

If you miss the submission deadline, you will be hit with an automatic £100 automatic late-filing penalty.

If you fail to pay this for three months, the penalty can begin to increase by £10 each day, up to a maximum of £900 for 90 days.

At six months, a flat £300 additional penalty can be applied, or 5% of the tax due, whichever is higher, and if after 12 months you’ve not paid, you can incur another £300 penalty.

What was HMRC’s response and are there incoming changes?

Following a wave of criticism, an HMRC spokesperson released the following statement: “The government has recognised that taxpayers who occasionally miss the filing deadline should not face financial penalties, and has already announced reform of the system.”

So what reforms are set to be introduced? From 2026 onwards, the current standard £100 fine for late filing of Self Assessment tax returns will change to a points-based system.

According to HMRC, this will mean that those who make an occasional mistake won’t be hit with big fines straight away. Instead, those who miss the filing deadlines will be given a point, and a financial penalty will only be charged to them when a set number of points is reached.

The Government policy paper outlines that taxpayers will receive a point every time they miss a submission deadline, and HMRC will notify them when they receive a point.

When they reach a particular threshold of points, determined by how often they’re required to submit, a financial penalty of £200 will be charged, and they will be notified.

These thresholds are as follows:

• Annual – 2 points
• Quarterly (including MTD for ITSA) – 4 points
• Monthly – 5 points

As per these new rules, another £200 penalty will be issued for every subsequent late submission, but the taxpayer’s points total will not increase.

However, despite calls to reform the system further, the spokesperson said deadlines for returns are “necessary for the efficient functioning of the tax system,” adding: “We strongly encourage anyone who does not need to file a return to tell HMRC.”

“Our aim is to support all taxpayers, regardless of income, to get their tax right, and details of what to do if a person no longer needs to file a return are included in reminder letters every year.”

There are also further upcoming changes to Self Assessment, too. From April 2026, those who file Self Assessment reports each year and are self-employed, with annual gross income of over £50,000, will have to comply with the government’s new Making Tax Digital (MTD) for Income Tax rules. As per these rules, these taxpayers will have to keep records in a digital format, using specific accounting software packages or apps or maintain spreadsheets for recording business transactions.

Further, instead of a yearly report, people will be required to submit quarterly updates to HMRC. The deadlines for this will be as follows:

• 6 April to 5 July
• 6 July to 5 October
• 6 October to 5 January
• 6 January to 5 April

In addition to the quarterly returns, this will conclude with submitting an ‘end-of-period statement’ to confirm the final taxable profit for the accounting period.

From April 2027, those who file a Self Assessment tax return and are self employed, with an annual gross income of between £30,000 and £50,000 will be required to do the same.

Tags: HMRC, income tax, making tax digital, Self Assessment

Social care tax proposed from April 2022

by Admin

The government announced yesterday plans to introduce new social care tax, intended to help reduce the costs incurred when a person goes into care. If the bill passes parliament, this will mean be an increase in National Insurance contributions of 1.25 percentage points from April 2022, to be replaced by a separate tax of the same amount from April 2023. The benefit of this additional tax, in England at least, is that care costs will be capped at £86,000 (less if you don’t have that much in savings / assets). Scotland, Wales and Northern Ireland set their own social care policies, but will receive additional revenue from the tax generated.

The plan has drawn criticism from many who see it is a tax paid by low- and middle-income employees to subsidise wealthy retirees. It also appears to be a break of a manifesto pledge not to raise income tax, National Insurance or VAT – the justification for which, put forward by the government, has been that the pandemic has changed things.

This BBC article has a clear summary of the changes in more detail, as well as a chart showing how much extra tax you’ll pay depending on how much you earn. The bill still needs to pass parliament, but when this and other changes from April 2022 are confirmed, The Salary Calculator will be updated with the latest rates so that you can see what a difference it will make to your take-home pay.

Tags: coronavirus, covid-19, HMRC, income tax, Jobs, national insurance, Pay As You Earn, social care, tax rates

Our guide to unpacking tax jargon

by Madaline Dunn

When it comes to tax, many people often feel intimidated and confused by the jargon used to explain certain terms and concepts. Of course, people must understand the ins and outs of tax jargon themselves because their personal finances can be affected by tax changes.

At The Salary Calculator, we’re here to make sure that you’re all clued up on the meanings behind complex tax jargon.

This article will go through some of the most common words and phrases used when discussing personal tax. So, don’t sweat it; you’ll know the score in no time at all.

Tax terms explained

Agent: This term refers to, usually, an accountant or advisor, who an individual appoints to take care of issues and processes related to HMRC on their behalf.

Annuity: This is a type of retirement income product that pays an individual a fixed payment stream.

Capital Gains Tax: This is a type of tax that is applied to the profits an individual earns in the sale of an asset. It is charged at a flat rate of 18%.

Defined Benefit Pension: Otherwise known as a “final salary” pension, this is the traditional pension plan that pays out a retirement income, calculated based on one’s salary and the number of years they’ve worked.

Defined Contribution Pension: Also referred to as a “money purchase” pension, this is a pension savings product that allows employers and employees to contribute and invest funds to build the pension money pot. 

Earned Income: This refers to the income that an individual receives from employment, self-employment or directorships. This includes wages, salary, tips, bonuses, and commissions.

Foreign Income: This is the income an individual receives from work or services performed outside of the UK. Income received from the Channel Islands and the Isle of Man is also classified as foreign income.

Individuals must pay income tax on foreign income if it comes from:

• Wages earned abroad
• Foreign investment
• Overseas properties
• Overseas pensions

HMRC: This is an abbreviation that stands for HM Revenue & Customs and is a non-ministerial department responsible for dealing with tax and financial obligations.

Income Tax: This refers to the tax that the government levies on an individual’s personal income. Once income exceeds the personal allowance, an individual will pay tax. The amount of tax they pay will vary depending on earnings. 

Inflation: This is an economic term that refers to the rate at which goods and services rise.

Inheritance Tax: This is the tax an individual pays when they have inherited money or property from someone who has died. The standard inheritance tax rate is 40%. However, this is only charged once an individual’s estate exceeds £325000.

IR35: This is a piece of UK tax legislation that exists to identify contractors and businesses that avoid tax by working as “disguised” employees.

Minimum Wage: The National Minimum Wage is the minimum amount of money an employer must pay an employee per hour. These rates vary depending on age and role. The current rates are:

• National living wage for employees aged 23 and over: £8.91
• Age 21-22: £8.36
• Age 18-20: £6.56
• Under 16-17: £4.62
• Apprentices: £4.30

National Insurance (NI) Contributions: Employees and self-employed workers must make National Insurance (NI) contributions if they are over 16-years-old. The amount of NI contributions you make impact your entitlement to state benefits. Individuals must complete at least 35 years of NI contributions to get the full new state pension.

There are a few different types of NI contributions, this includes:

• Class 1 contributions are made by employees who earn £183 a week, who are below the State Pension age
• Class 2 contributions are made by self-employed workers who earn £6,515 or more per year
• Class 3 contributions are voluntary contributions made by individuals to fill in contribution gaps
• Class 4 contributions are made by self-employed workers who earn £9,569 or more per year

PAYE – “Pay As You Earn”: This was introduced way back in 1944 refers to the system through which employers deduct income tax and National Insurance contributions from employees’ salary and send it to HMRC. It’s calculated based on earnings and eligibility for personal allowance.

Personal Allowance: This is the amount of money an individual can earn before they are taxed. The personal allowance amount for 2021/22 is £12,570. It will be frozen at this amount until 5 April 2026.

P45: When an individual stops working for their employer, their employer must give them a P45. This outlines the amount of tax an individual paid on their earnings in the tax year and their tax code.

A P45 is made up of 4 different sections:

• Part 1, an employer must send to HMRC
• Part 1A is given to the former employee for their records
• Part 2 and 3 are for the individuals’ new employer

P60: This is the form that a worker receives each year, outlining the amount of money earned in a year. It also states the amount of National Insurance contributions made and the amount of Pay As You Earn (PAYE) income tax. 

Self Assessment: This is the system used by HMRC to calculate and collect income tax and National Insurance (NI) contributions. Self-employed and freelance workers must submit a self-assessment form for each tax year.

Starter checklist (formerly the P46 form): This is the form that replaces the P45 form in cases where their former employer did not give an individual one.

Take-home Pay: Take-home pay, otherwise known as net pay, is the amount of money an individual receives per month after tax and any other deductions have been made.

Tax Code: In the UK, everyone paid via the PAYE scheme is allotted a tax code from HMRC, which indicates how much tax must be deducted. The most common tax code appears as a set of numbers followed by a suffix. 

Tax Credits: This is a type of government benefit payout given to individuals who receive lower incomes. This benefit comes in two forms, working tax credits and child tax credits.

Tax Rebate: This is a refund of tax given to an individual when they have overpaid tax.

Tax Year: This is the time period covered by a tax return. It begins on 6 April and ends the following 5 April.

Unique Taxpayer Reference: This is a 10-digit number issued to every taxpayer in the UK.

Tags: Employed and Self Employed, HMRC, income tax, national insurance, Pay As You Earn, personal allowance, tax rates

The IR35 changes: Who will be impacted by the reforms?

by Madaline Dunn

The off-payroll working (IR35) rules for the private sector have changed. These delayed reforms came into effect from 6 April 2021 and could significantly impact some contractors.

That said, according to research from EY TaxChat, very few contractors know what the changes actually mean for them. Of the 500 self-employed workers surveyed, only 14% claimed to be up-to-date.

At The Salary Calculator, we’ll have you clued up in no time at all. This article will explain:

• How the IR35 rules have changed
• Why the changes have been introduced, and
• What determines IR35 status

How have the IR35 rules changed?

The IR35 rules exist to ensure that contractors and those who hire them pay the correct amount of tax. It targets those who provide their services via an intermediary, such as a Personal Services Company (PSC).

The rules on who is classified as employed have not changed. However, the burden of responsibility for who determines this status has changed. 

It is now the responsibility of medium-sized and large businesses to determine the employment status of a contractor. 

These businesses must outline the reasons behind the contractor’s employment status in a Status Determination Statement. A contractor has the power to dispute this.

The changes do not apply to small businesses. To be classified as a small business, a business must have:

• A maximum annual turnover of £10.2 million 
• A balance sheet total of £5.1 million or less, and
• 50 employees or less

IR35 does not apply to sole traders. 

Why have the IR35 changes been introduced?

According to the HMRC, those who are “genuinely” self-employed should not be concerned by the changes. The new rules were introduced to ensure that more businesses are compliant with the law. 

Specifically, the reforms seek to crack down on companies who hire contractors through “disguised employment” for tax purposes, which, according to HMRC, is rife. Data shows that only around 10% of Personal Service Company (PSC) owners have assessed their status as employed.

What determines IR35 status?

IR35 status is largely determined by the level of supervision, direction and control a contractor has. 

So, if a contractor has the power to determine their working hours, with little or no oversight and only provides work outlined within the contract, they are likely to fall outside of IR35.

Other factors include whether or not the contractor provides their own equipment, if they are paid on a project-by-project basis, their level of exclusivity and mutuality of obligation (MOO).

It can be a bit of a minefield figuring out where you stand when it comes to IR35. But, don’t worry, there are resources out there to help.

HMRC has a tool called CEST which can help you work out whether or not IR35 applies. That said, it’s important to note that CEST should only be used as a guideline and does not provide a definitive answer on your IR35 status.

For more information about where you stand, head over to Employed and Self Employed to learn about the tax implications of different employment statuses.

 

Tags: April 2021, HMRC, income tax, IR35, national insurance, self employed

What you need to know about the new 1257L tax code

by Madaline Dunn

The world of tax can sometimes feel confusing. That said, it’s essential to stay informed and up-to-date with the latest tax changes. 

At The Salary Calculator, we’re here to help you every step of the way. So, there’s no need to worry.

One of the recent tax changes is the introduction of the new 1257L tax code. In this article, we’ll explain:

• What the 1257L tax code is
• What the numbers and letters mean
• Who the tax code applies to 
• The amount of tax you must pay under the 1257L tax code
• What to do if you think you have the wrong tax code

What is the 1257L tax code?

The 1257L tax code informs employers or pension providers how much tax you owe the government each month. It’s the most common tax code for 2021/22 and can be found on your payslip.

In line with finance minister Rishi Sunak’s announcement in March 2021, this tax code is expected to stay the same until 2026.

The tax code for the previous year was 1250L.

What do the numbers and letters mean?

Understanding the numbers and letters within the tax code is pretty straightforward. They indicate:

• The amount of tax-free income you are entitled to
• The amount of tax you must pay above the personal allowance
• Whether other circumstances must be considered

The number 1257 refers to the £12,570 personal allowance, and the letter L entitles you to a standard tax-exempt personal allowance.

An emergency tax code is indicated by the letters “W1”, “M1”, or “X” and is used in a number of situations. 

If an individual begins a new job, starts receiving a state pension, or begins working for an employer after a stint of self-employment, these letters will be attached to their tax code.

Who does the tax code apply to?

The 1257L tax code is typically used for individuals who have one registered employment, with no unpaid tax, tax-exempt income or taxable benefits.

How much tax must I pay under the 1257L tax code?

If an individual has the 1257L tax code, they can earn £12,570 before they are taxed. Per month this allowance works out as £1,047.

Above this threshold, individuals will be taxed on income earned. So, if you earn between £12,571 and £50,270, you will be taxed at the basic rate of 20%. 

Meanwhile, earnings within the bracket of £50,271 and £150,000 are taxed at the higher rate of 40%.  If you earn over £150,000, you’ll be taxed the additional rate of 45%.

What if I think I have the wrong tax code?

There are a number of legitimate reasons why your tax code may not be 1257L. That said, sometimes mix-ups happen, and you can end up with the wrong tax code. This can happen if you’ve recently changed jobs or if you’ve started a new job while receiving your pension.

Whatever the reason, if you think your tax code is wrong, it’s easy to fix. All you need to do is reach out to HMRC and tell them as soon as you spot the mistake. 

Contact HMRC either by phone on 0300 200 3300 or speak to an adviser via the HMRC Webchat.

Tags: April 2021, HMRC, income tax, personal allowance, Tax code