In many ways, last
month's Budget was as expected: a mixture of good and bad
news. There was bad news for public sector workers but the
news for businesses and for many individuals was actually
better than had been feared. And there were, as there generally
are, some announcements that give rise to opportunities
for tax planning.
Companies will have
welcomed the commitment to progressively lower corporation
tax. The main rate will fall from the current 28% by 1%
each year until it reaches 24%. The lower rate of corporation
tax will fall from 21% to 20%.
There was a widespread
expectation that the rates of capital allowances - the tax
relief given to businesses investing in plant and equipment,
vans and fixtures and fittings - would be less generous
going forward. The rates of relief are to be restricted,
but not until April 2012. Businesses still therefore have
an opportunity to benefit from capital allowances at the
current rates. The annual investment allowance, which gives
businesses 100% relief on the first £100,000 of such expenditure,
will drop to cover only the first £25,000 from April 2012
and this again gives businesses a reasonable period in which
to make sure they take full advantage.
The increase in the
capital gains tax rate from 18% to 28% was not unexpected
and many had feared a bigger increase. The fact that the
rate changed overnight was a shock, however. In addition
to the change of rate, the Chancellor announced a significant
increase in the level of entrepreneurs' relief, which restricts
the capital gains tax rate to 10% on the first £5 million
of gains on certain business related gains – previously
the limit was £2 million.
Entrepreneurs' relief
applies to gains on the disposal of the whole or part of
a business or of assets that were used in a business that
ceased within the previous three years. It also applies
to disposals of shares in unquoted trading companies where
the person making the disposal is a director, officer or
employee of the company and has held at least 5% of the
company's shares for at least twelve months prior to disposal.
There are significant tax planning opportunities and equally
significant traps for the unwary here.
In these difficult
economic times, keeping your tax bill under control is vital.
The Budget supplied some new opportunities for businesses
to do so.
Paul Aplin OBE is
a tax partner with A C Mole & Sons and chairman of the Technical
Committee of the Institute of Chartered Accountants in England
& Wales Tax Faculty. He can be contacted on 01823 624450,
email paulaplin@acmole.co.uk.
Bridgwater based tax partner Paul Kingdom can be contacted
on 01278 446088, email
paulkingdom@acmole.co.uk.