With effect from 6 April 2008 it is possible to have a 1/9^th tax credit on a dividend from a foreign company (provided you do not own more than 10% of the company).

This came about as a result of various cases heard by the European Courts and effectively eliminates any further UK tax liability for a basic rate taxpayer and reduces the UK for a higher rate tax payer from 32½% to 25%.

Apparently some taxpayers have claimed this credit for years before 2008 on the grounds that the UK system has been contrary to European law for many years. Whilst HMRC do not agree with this view they have accepted that claims for earlier years can be made for years going back to 2003/2004, but only for dividends from Finland, Greece and Ireland.

Further details can be found on the HMRC website.

We will be blogging on SME Plus Blog and Tax Plus Blog on Pre-Budget Report day. If you do not already subscribe to our blogs click here  for SME Plus Blog or here  for Tax Plus Blog to ensure you get our comment and analysis as and when it happens.

Barry Hallam is a senior manager at Mercer & Hole. If you would like to discuss the contents of this post with Barry you can call him on 020 7353 1597. 

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HM Revenue have confirmed to the Chartered Institute of Taxation, and other members of the Compliance Reform Forum, that there will be a second Offshore Disclosure Facility, or “opportunity” as it now being referred to as, some time next year. The exact details have yet to be agreed and HMRC are enlisting the help of the CIOT and other professional bodies to make a contribution to the design of the new opportunity”

The HMRC statement on this can be found on the CIOT website. There may be a more public announcement in the Pre Budget Report.
 

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Back in July we reported that a second “Tax Amnesty” was being seriously considered by HM Revenue & Customs. Since then we have heard nothing further until a report in Accountancy Age which confirms that HMRC are still considering this but are looking for a high profile prosecution to act as deterrent but are apparently having difficulty finding one.

With a new Chief Executive, Lesley Strathie, in charge at HMRC a second amnesty might be one of her first announcements. Alternatively it might turn up in the 2008 Pre Budget Report which is now expected to be in mid November.

If you find yourself in the position of having undisclosed income (overseas or UK) it probably makes sense to approach HMRC before they come to you. You should seek professional advice on this subject as a disclosure (and the subsequent enquiry by HMRC) needs to be managed carefully and can be fraught with difficulties.

A new penalty regime is being introduced which, in some circumstances, is much tougher than previously. It is unlikely that a prompted disclosure under the new regime would incur a penalty of less than 35%. If HMRC have already written to you about an offshore account they may take the view that you have been prompted!
 

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The Sunday Times reported yesterday that Alastair Darling was proposing a “purchase tax” on high polluting cars (4x4s etc). Details were obtained from a leaked Treasury document which also revealed that the top rate of road fund tax is also due for a large increase.

The surcharge has apparently been set at £2,000 while at the other end of the scale buyers of very green cars will be able to claim a rebate of £2,000 off the purchase price.

The proposals are strikingly similar to those put forward by the Conservatives as reported in Motor Trader last week.

No doubt all will become clear in next months Pre Budget Report.

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