Income tax - Chargeable persons and entities

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Overview

Understanding the UK income tax system is essential for legal professionals, especially those preparing for the SQE1 FLK1 exam. This guide covers chargeable persons and entities within the UK income tax framework, examining the tax treatment of individuals, sole traders, partnerships, trustees, and companies. By blending theory with practical insights, this resource aims to prepare aspiring solicitors for exam success and future practice in tax law.

Chargeable Persons and Entities

Individuals and Residency

The taxation of individuals in the UK is closely tied to residence and domicile. The Statutory Residence Test (SRT), introduced in 2013, determines an individual's tax residence status through a series of criteria:

  1. Automatic overseas test
  2. Automatic UK test
  3. Sufficient ties test

Example: Sarah, a British citizen, works in Dubai for 10 months of the tax year but maintains a home in London. Despite spending less than 183 days in the UK, she may be considered a UK resident under the sufficient ties test if she has strong connections to the UK, like family or available accommodation.

A person's residence status impacts whether their worldwide income is subject to UK taxation. Non-domiciled individuals might benefit from the remittance basis of taxation, although this involves specific challenges and costs.

Sole Traders

Sole traders pay income tax on business profits as part of their personal taxation, with eligible business expenses deductible from trading income. Allowable deductions include:

  • Costs of goods sold
  • Rent for business premises
  • Insurance premiums
  • Professional fees
  • Marketing expenses
  • Utilities and other business costs
  • Interest on business loans
  • Bad debts

Example: A freelance software developer incurs expenses for a high-performance computer and office space rental. The computer may qualify for capital allowances, potentially allowing full expensing under current rules, while office rental would typically be a direct deductible expense.

Partnerships

Partnerships, governed by the Partnership Act 1890 and the Limited Partnerships Act 1907, involve unique tax considerations. While not taxable entities themselves, the allocation of profits (or losses) to partners can involve detailed calculations, particularly with changes in profit-sharing ratios or partner entries/exits.

Each partner must handle their own tax liabilities, including income tax on their share of partnership profits. Profit and loss sharing is detailed in the partnership agreement, calculated based on agreed profit share percentages.

Example: A law firm, as a Limited Liability Partnership (LLP), decides to admit a new partner mid-year. The updated profit-sharing agreement must be thoughtfully structured for fair distribution, impacting income tax and National Insurance Contributions (NICs) for all partners.

Trustees and Personal Representatives

Trustees face specific tax rules depending on the trust type (e.g., bare, interest in possession, or discretionary trusts). Trust taxation often follows a two-tier system:

  1. Tax on income retained within the trust
  2. Possible further tax on income distributed to beneficiaries

Personal representatives managing estates during probate must follow complex rules regarding estate income taxation and interaction with inheritance tax.

Example: A discretionary trust receives £50,000 in dividends and £20,000 in interest income. Trustees choose to distribute £30,000 to a beneficiary, requiring careful tax calculations, trust tax pool considerations, and analysis of implications for the beneficiary.

Companies

Companies, as separate legal entities, are taxed on profits under corporation tax at a flat rate, currently 19%. This differs from the progressive tax system for individuals. Understanding the interactions between corporate and individual taxation is key, especially for close companies and owner-manager profit extraction.

Income Types and Basis of Charge

Income tax applies to various income types, each with its own rules and reliefs:

  1. Employment Income: Salaries, wages, bonuses, commissions, and benefits
  2. Trading Income: Profits from sole traders and partnerships
  3. Property Income: Income from UK and overseas properties
  4. Savings and Investment Income: Interest, dividends, and other returns

The distinction between income and capital is foundational, affecting tax treatment. Guidance on this is provided by the badges of trade established through case law.

Calculating Income Tax

Calculating income tax involves several steps:

  1. Aggregate income from all sources
  2. Apply reliefs and allowances
  3. Calculate tax using progressive rates, including dividend and savings allowances

Example: An individual's income for the 2023/24 tax year:

  • Employment income: £60,000
  • Rental income: £15,000
  • Dividend income: £5,000
  • Interest income: £1,000

Calculation steps:

  1. Total income: £81,000
  2. Less personal allowance: £12,570
  3. Taxable income: £68,430
  4. Apply tax rates:
    • Basic rate (20%) on £37,700
    • Higher rate (40%) on £30,730
    • Apply £1,000 dividend allowance
    • Remaining £4,000 of dividends taxed at 33.75%
    • Personal Savings Allowance of £500 for interest income
    • Remaining £500 of interest taxed at 40%

This example highlights the detailed calculations needed for multiple income sources and various allowances and rates.

Tax Rules for Unincorporated Businesses

Sole Traders

Sole traders must follow specific rules including:

  1. Basis periods and transition to Making Tax Digital (MTD)
  2. Capital allowances and the Annual Investment Allowance
  3. Trading losses and relief options

The choice of accounting date can be significant, especially early in trading or during cessation.

Partnerships

Partnerships face added complexity, such as:

  1. Profit and loss allocation among partners
  2. Tax treatment of salaried partners
  3. Changes in profit-sharing ratios and tax effects

Example: A three-partner architectural firm restructures, with one partner reducing their share from 40% to 30%, and two increasing from 30% to 35%, occurring mid-year. Tax calculations must consider profit-sharing changes, possibly resulting in different basis periods for partners.

Anti-Avoidance Measures

The UK tax system includes anti-avoidance provisions to ensure fair taxation and prevent tax evasion schemes:

  1. General Anti-Abuse Rule (GAAR): Tackles tax advantages from abusive arrangements
  2. Targeted Anti-Avoidance Rules (TAARs): Specific measures for particular avoidance types
  3. Disclosure of Tax Avoidance Schemes (DOTAS): Mandates disclosure of certain schemes to HMRC

Example: A consultant sets up a personal service company, channeling income through it, taking a minimal salary and dividends. While efficient, this setup must comply with IR35 legislation and withstand scrutiny under GAAR and other provisions.

Conclusion

A strong grasp of UK income tax principles is vital for SQE1 FLK1 candidates, requiring understanding of various taxpayer categories, income types, and calculation methods. The interaction of statutory provisions, case law, and anti-avoidance measures adds complexity. Key points include:

  1. The role of residence and domicile in tax liability
  2. Varied tax treatment for sole traders, partnerships, trustees, and companies
  3. Calculating income tax across different sources and allowances
  4. Rules for unincorporated businesses
  5. The role of anti-avoidance measures in tax planning

Future solicitors must apply these principles to diverse scenarios, understanding the broader context of tax planning decisions and keeping up with legislative changes. This knowledge is crucial for providing sound advice in tax law and managing its connections with other aspects of business and personal finance law.