Tax compliance

Tax avoidance

Promoters of certain types of tax avoidance schemes will have to provide details to the Inland Revenue shortly after selling a scheme, including the types of transactions planned and their tax consequences. Taxpayers using schemes from offshore promoters will have to disclose details themselves shortly after buying or using the scheme. The starting date for this provision will be announced in the Finance Bill.

 

Tax compliance initiatives

The Inland Revenue will receive extra funding to focus more effectively on taxpayers who do not comply with their tax obligations. A package of measures will include better publicity to raise public awareness of tax obligations, new data systems to analyse tax compliance issues, tackling the black economy and more specialist staff for high risk areas involving large businesses and individuals with complex tax affairs.

 

Partnership tax avoidance

Tax will be imposed on investors in film schemes who make disposals after 9 December 2003 to avoid income tax on future income.

The partnership losses of non-active partners will be restricted to the amount actually contributed to the business. Disposals of future income streams by non-active partners will be taxed. Both measures take effect from 9 February 2004.

Corporation tax will be charged where a company shelters taxable profits in a realisation of its share of a partnership interest. The charge will be on realisations that comprise untaxed profits arising after 16 March 2004.

 

Simplified tax return

Individuals who receive tax returns but have simple tax affairs will be able to complete a four-page tax return with no supplementary pages. Taxpayers who receive the short form, based on information in the previous year's return, will have to check they are still eligible. The simplified return will benefit many pensioners and people with small amounts of income from property, investments or businesses.

 

Jointly owned assets

If shares in a close company are jointly owned by a husband and wife, the income distributions (normally dividends) will be taxed according to the actual ownership of the shares rather than automatically split 50/50. The change will take effect from 6 April 2004.

 

Pre-owned assets
A free-standing income tax charge will apply from 6 April 2005 to the benefit an individual receives from having the free or low cost enjoyment of assets which they formerly owned.
The charge will broadly follow the benefit in kind rules and will be subject to a de minimis threshold of £2,500 of benefit.

A range of exemptions will apply, including an exemption for all gifts made before 18 March 1986 (the starting date for inheritance tax). Transitional relief will allow those caught by the new rules to elect by 31 January 2007 that the property falling within the income tax charge will instead be regarded as part of their estate for inheritance tax purposes.
The summary has been prepared very rapidly and may contain errors for which we cannot be held responsible. The proposals are in any event subject to amendment before the Finance Act is passed.