Other measures announced
Dormant accounts - reporting and tax liability
Rule changes will mean that banks and building societies
will only have to pay over the 20% 'tax at source' and report the interest to
HMRC when the customer reclaims their dormant account balance.
Similarly, the customer will only be liable for any further
tax due on the interest on such accounts when they reclaim their balance.
National Disaster
In the event that taxpayers are adversely affected by events
designated as national disasters, HMRC will waive interest and surcharges on
tax paid late.
Tribunal reform
HMRC inherited two systems of tribunals when the former
Inland Revenue and HM Customs & Excise merged.
These are to be simplified under powers to be introduced in
the 2008 Finance Act.
Funds of Alternative Investment Funds (FAIFs)
Taxation on certain offshore income gains of FAIFs can,
under proposed new rules, be shifted from the fund to the investors. Authorised
investment funds will be able to elect for a new tax treatment, making it
exempt from tax on offshore income gains, which will in turn be taxable on the
investor on the disposal of units in the fund.
Non-domiciles and the remittance basis
As announced last year, new rules for longer-term resident
individuals who are not domiciled in the UK (non-doms) will come into force
with effect from 6 April 2008.
Key to the new rules is a choice for non-dom adults with
overseas income and gains over £2,000 in a tax year. Essentially, they
can opt to have income and gains of the year taxed on the remittance basis (ie
taxed in the UK only as and when they are remitted) and pay £30,000 or
they can be taxed for the year on their worldwide income and gains (plus any
income or gains from a 'remittance basis' year remitted in the year). The
£30,000 will be a payment in respect of tax on unremitted gains or
income, allocable by the taxpayer, and available for credit when said gains or
income is remitted (and should also be treated as such for relief under double
taxation treaties with other taxing regimes).
Opting for the remittance basis will also mean that
entitlement to the year's UK personal allowances and the CGT annual exemption
is lost.
Also featuring are new definitions of remittances, catching
money or gifts made outside the UK and brought in by a relative and also the
import of assets bought outside the UK with untaxed income or gains. There are
some exclusions, covering for example personal effects and assets brought
temporarily to the UK, but perhaps most importantly the rules will not apply to
assets bought out of untaxed foreign income and owned at 11 March 2008. These
exclusions are in addition to the exclusion for works of art brought to the UK
for public display, already announced.
These changes will also apply to anyone who has been able to
opt for the remittance basis because, though UK resident, they are not
ordinarily resident.
New rules will apply from 6 April 2008 to give non-doms,
including those opting to be taxed on the remittance basis, access to relief
for capital losses when they are liable for tax on capital gains on the arising
basis.
Employees who are resident but not ordinarily resident in
the UK and receive shares or options as part of their remuneration will be
liable for UK income tax on such employment-related securities (ERS). ERS gains
derived from non-UK employment duties will be subject to income tax on the
remittance basis. This will also apply to non-doms where the ERS income relates
to a foreign employment, the duties of which are performed wholly outside the
UK.
The rules bringing into UK tax the gains of offshore trusts
have also been strengthened, with the effect that resident non-dom settlors
will be taxed on gains on UK assets as they arise, while they and resident
non-dom beneficiaries will be taxed on other gains as they are brought to the
UK.
Trustees will be able to elect to rebase the CGT base cost
of all assets to the 6 April 2008 value.
It is no longer possible to close a source and remit the
income in the following tax year (closed source rule).
The rate on income tax chargeable on foreign dividend income
remitted by individuals claiming the remittance basis will be corrected to 40%
from 6 April 2008.
Day counting
It had been announced that in counting the number of days
present in the UK for the residence tests it would be necessary from 6 April
2008 to include the days of arrival and departure. The Chancellor announced
that the rule will be to count midnights spent in the UK as a day of presence
in the UK, except where the midnight falls at a time when one is present in the
UK in transit between two places outside the UK 'days' spent in transit
will not be counted unless the individual engages in activities that are to a
substantial effect unrelated to their passage (for example, attending a
business meeting).
National Minimum Wage to rise in October
The National Minimum Wage rates will increase in October
2008.
The main rate for adult workers will rise from £5.52
an hour to £5.73 an hour.
The development rate for 18-21 year olds will rise by 17p,
from £4.60 to £4.77.
The rate for 16-17 year olds will rise by 13p, from
£3.40 to £3.53.
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