A corporation tax question
A corporation tax question
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Discussion

blindswelledrat

Original Poster:

25,257 posts

262 months

Thursday 6th September 2007
quotequote all
I have been contacted by a 'tax and trusts' company whos sales literature claims to be able to completely negate corporation tax legally.
It deliberately unclear about how it does this but makes suggestions of setting up trusts to channel profits.
Can this be doen and if so is it legal?

Eric Mc

125,770 posts

295 months

Thursday 6th September 2007
quotequote all
Probably "legal" but possibly disallowable by the Revenuie if they decide to look into how the scheme works.

There are lots of legal ways of avoiding tax which can be blocked by the Revenue - even if no law has been broken.

arfur

4,016 posts

244 months

Thursday 6th September 2007
quotequote all
Eric Mc said:
Probably "legal" but possibly disallowable by the Revenuie if they decide to look into how the scheme works.

There are lots of legal ways of avoiding tax which can be blocked by the Revenue - even if no law has been broken.
Very true. If it's been lodged as a anti tax scheme then it takes time to be blocked. Sometimes a long time if it's not being used too much. The only worry is if it's blocked and made retrospective ... Then you're royally fked !

blindswelledrat

Original Poster:

25,257 posts

262 months

Thursday 6th September 2007
quotequote all
Are they ever made retrospective?
I understood that either they couldn't close loophole retrospectively or at least tended not to?

Eric Mc

125,770 posts

295 months

Thursday 6th September 2007
quotequote all
They are more likely to act retrospectively these days - especially now that it is legally required that all new schemes be submitted to the Revenue IN ADVANCE of their implementation in order to gain approval for the scheme.

If the scheme HAS been approved, then there should be no problems. If it hasn't, be very careful.

blindswelledrat

Original Poster:

25,257 posts

262 months

Thursday 6th September 2007
quotequote all
And am I right in presuming that they simply would not approve any schemes which significantly reduce tax? ie.e it almost certainly is not approved

Eric Mc

125,770 posts

295 months

Thursday 6th September 2007
quotequote all
Who knows. I don't get involved in such overly complicated shenanigans so I don't know how these schemes are judged by the Revenue.

Exigeowner

873 posts

231 months

Thursday 6th September 2007
quotequote all
A little off topic but somebody may be able to answer me, I remember hearing business men in the past saying that their accountant have advised them to spend XXX amount of cash on a car or just anything to avoid some tax at year end, why would that be ( if I have made any sense )

blindswelledrat

Original Poster:

25,257 posts

262 months

Thursday 6th September 2007
quotequote all
Exigeowner said:
A little off topic but somebody may be able to answer me, I remember hearing business men in the past saying that their accountant have advised them to spend XXX amount of cash on a car or just anything to avoid some tax at year end, why would that be ( if I have made any sense )
A company pays tax on profits and any expenditure would make the company be less profitable therefore pay less tax (a car wouldn't however because that would be an asset and hence profit would still be the same).
It isparticularly worthwhile if profits are going to exceed 300k as the tax increases to 30% beyond that so if you do have upcoming expenditure it's worth bringing it forward to reduce the tax bill.
The best way to reduce it, though, is to simply put it into your pension as that is tax free and reduces your profit accordingly.

Eric Mc

125,770 posts

295 months

Friday 7th September 2007
quotequote all
Expenditure on assets (such as plant and machinery or cars) CAN result in a lowering of the Corporation tax bill. Capital Assets are usually eligible for Capital Allowances. Capital Allowance are offset against the business profits thereby reducing the tax chargeable on those profits.
The nature of the asset will determine the amount of allowances claimable. Some assets can be eligible for allowances of 50% of the cost of the asset. The normal rate is 25% per annum.

Cars are the least effective when it comes to claiming allowances. Even though allowqances are available, they are subject to a myriad of restrictions which renders them less than ideal.

Imran-vx

11,838 posts

265 months

Friday 7th September 2007
quotequote all
Eric Mc said:
Expenditure on assets (such as plant and machinery or cars) CAN result in a lowering of the Corporation tax bill. Capital Assets are usually eligible for Capital Allowances. Capital Allowance are offset against the business profits thereby reducing the tax chargeable on those profits.
The nature of the asset will determine the amount of allowances claimable. Some assets can be eligible for allowances of 50% of the cost of the asset. The normal rate is 25% per annum.

Cars are the least effective when it comes to claiming allowances. Even though allowqances are available, they are subject to a myriad of restrictions which renders them less than ideal.
Low CO2 cars still give a 100% capital allownace year 1 don't they? Under 120mg as I recall.

Has ICT fallen back to 50%? I thought there was a period when it was 100% in year 1?

Eric Mc

125,770 posts

295 months

Friday 7th September 2007
quotequote all
I was only talking in general terms. There are lots of variations in the rates for different classes of assets, and they can change depending on the whim of the Chancellor and what he wants businesses to spend their money on. In the past there have been 100% allowances on assets such as computers. At one point, 100% allowances could be claimed on ANY item of plant and machinery - but ALL cars were excluded.

Next year there will be some fundamental changes to the whole treatment of capital expenditure for small businesses but the full details of these changes have not yet been released.