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News Article - Budget Small Print

The Chancellor’s Budget speech contained some surprises, but there were some interesting points hidden away in the small print. If you are in the building industry, a farmer or your business has made losses, read on...

The Budget “Red Book” (which is actually white and not red these days) contained the announcement of a crackdown on “false self employment” in the construction industry. The tax profession and the Revenue regularly disagree about whether people are employed or self employed and anyone in the construction industry who engages workers should consider a “health check” now, before the inspector calls.

Farmers with land outside the UK should note that the government now accepts that agricultural property and woodlands anywhere in the European Economic Area qualifies for inheritance tax reliefs and for capital gains tax hold over relief. It may now be possible to make claims for relief back as far as the 2003/4 tax year as well as going forward. A less welcome announcement was the withdrawal of the special tax reliefs for Furnished Holiday Lettings which many farmers have benefited from - and which have been used widely in the South West - from next April.

Companies showing losses in accounts years ending between 24th November 2008 and 23rd November 2010 will be able to set those losses back up to three years against their total profits in the earlier years to generate tax refunds. The self employed – including partnerships – will also be able to set back losses from the 2008/9 and 2009/10 tax years up to three years, but only against profits from the same trade. The amount to be set back one year is unlimited but there is a £50,000 cap for each year on the amount set back further.

Two cases I have seen recently have made me realise that some businesses are missing out on existing loss reliefs. Sole traders and partners can already set business losses against other income of the tax year in which the loss is made and of the previous tax year. This can generate repayments where there is other taxed income such as employment income or a pension. In the case of a new non-company business, losses of the first four years trading can be set back against employment or other income arising in the three years preceding the year of loss, but there are strict time limits. Many new businesses miss out because they simply do not know that these reliefs exist.

As ever in tax, it is easy to lose out if you don’t take advice from a qualified professional.

 
 
 
 
 
 
 
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