Pictured above: Iain Macleod
A deal offered by HMRC for traders working in the plumbing,
heating and gas installation industry to come clean about
undisclosed income, the Plumbers Tax Safe Plan (PTSP) has scope for
anyone to put their tax affairs in order, says Iain Macleod at EDF
Tax.
"Although the scheme is not a general tax amnesty, a review of
HMRC's guidance on the PTSP indicates that similar terms could be
available to anyone who comes forward to disclose an undeclared tax
liability," says Iain, a former tax inspector for 26 years and now
head of Tax Investigations at EDF Tax. "The deal, which ensures
users avoid a hefty penalty that would otherwise be imposed if they
were caught evading tax, either intentionally or in error, is
available to both businesses and individuals. Even people
without a business but have an undeclared investment income, for
example, could make a clean breast of it using the PTSP forms."
The PTSP builds on previous amnesties to doctors and dentists,
as well as those relating to offshore bank accounts and use of the
Liechtenstein tax haven. Anyone using the scheme can typically
secure a modest penalty addition of just 10% of the tax underpaid
in the past five years, as opposed to the maximum of 100% penalties
which HMRC could usually seek. Iain comments: "Is it a good deal?
Yes and it's a chance to sort things out before HMRC comes after
them.
"HMRC has improved its information gathering and analysis
techniques over the last few years, and wouldn't have introduced
this scheme if it wasn't sure it had quality information about lots
of wrong returns for workers in the plumbing and heating sector. If
disclosures are not made by the deadline of 31 May, HMRC will
engage in targeted investigations into all traders identified
through its research as evaders who have failed to offer a
voluntary disclosure. The penalties then will be much higher.
Research and investigations into other trades are also likely to
follow."
HMRC has stated that a maximum PTSP penalty of 20% will only
apply in cases where more serious and deliberate irregularities
have occurred and in such circumstances, back taxes over 20 years
could be required. If the disclosure is seriously wrong, however,
then all the benefits could be withdrawn.
You must register with HMRC before 31 May 2011 and full details
of the undeclared income together with payment of the outstanding
tax, interest and any amnesty penalties due will have to be
provided by 31 August 2011. HMRC will consider instalments for
those that can't pay on time but Iain advises it's important to
speak to HMRC soon.
Explaining how to disclose under the scheme, Iain says: "You
calculate the amount of tax, interest and penalties, fill in some
HMRC forms and make payment. There is no need to meet an inspector
and while HMRC will check the figures, in nearly all cases no
questions will be asked. You can do it all yourself or an adviser
can do it for you.
"HMRC realise that some people may know they didn't disclose all
their profits but aren't sure how much. In such cases,
reasonable estimates will be accepted but full records must be kept
for the future."
Advice on calculating tax due, reasonable estimates, number of
years, the right penalty rate, accurate completion of the HMRC
forms and instalments can be obtained from specialist tax
advisors.
Iain Macleod at EDF Tax can be contacted by calling 07920 146800
or by emailing him at imacleod@edftax.co.uk.