July 2004

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 In Brief

 » Old tax liabilities  »What is a car?  » Work in progress
 

Old tax liabilities

There is no time limit for the collection of old tax liabilities, as some taxpayers are reported to be finding out. It seems that the Inland Revenue is making a push to collect tax debts that are up to 30 years old together with interest over the intervening period. The move follows criticism by the National Audit Office of Inland Revenue inefficiency in collecting outstanding tax of up to £14 billion (although only £3 billion of this is more than a year overdue.

There are various steps you can take if the Inland Revenue charges you with a tax liability that you thought had long been settled. If you have any paperwork from the period, it may shed light on the matter. You might also be able to invoke an extra-statutory concession. Under this the Inland Revenue will consider forgoing tax where it failed to make proper and timely use of information supplied and the taxpayer could reasonably believe that his or her affairs were in order. Unfortunately, the Inland Revenue is reluctant to grant the concession where an accountant was acting for the taxpayer at the time the arrears arose.

 

There is also an unofficial concession known as 'equitable liability'. This operates where a taxpayer has a liability that is more than it should have been based on their circumstances, but it is too late to change the assessments. Under self-assessment, taxpayers have a period of five years to replace an Inland Revenue determination with their own self-assessment.

In this case, the Inland Revenue will sometimes write off the tax considered to be excessive.

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What is a car?

When is a car not a car? The answer could be when it is a van. Customs and Excise has clarified the definition following the growth in popularity of vehicles that blur the distinction between vans and cars.

Businesses need to know what vehicles count as cars. It is not generally possible to reclaim VAT on the purchase of a motorcar. Some company car drivers choose vans to reduce their personal income tax liability, because they are currently much less heavily taxed than cars.

The new guidance covers car-derived vans and combination vans. Many car-derived vans are clearly vans. However, some look like cars but their interior has been altered by removing the rear seats, fitting a floor panel to create a load area and replacing the side windows to the rear of the driver's seat with immovable opaque panels.

Customs says it will not view such a vehicle as a car for VAT purposes if

  • The manufacturer has altered the vehicle in accordance with technical criteria specified in the Customs guidance, and

  • The adaptations give the vehicle the functionality of a commercial vehicle and

  • The space behind the front seats is highly unsuitable for carrying passengers.

Customs is producing a list of car-derived vans on which VAT can be deducted, subject to the normal rules. If you have or intend to buy such vehicles and you are in any doubt, you should obtain confirmation in writing from the vendor that the vehicle meets the technical criteria. Some vehicles bought before 1 October 2003 do not need to satisfy the technical criteria if they meet the other conditions.

Combination vans have the appearance of vans but can be fitted with back seats for passengers. Customs considers them to be motorcars for VAT purposes unless they have a payload of more than one tonne or the load area is big enough to make the carriage of goods the predominant use of the vehicle.

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Work in progress

The way in which work in progress should be valued in the accounts of businesses that provide services is currently subject to some uncertainty following an amendment to a Financial Reporting Standard in November 2003. Accountants are interpreting the standard in different ways, ranging from valuation at cost (as was clearly the case before) to valuation at full sales price. This is no obscure theoretical issue; if work in progress were valued at sales prices, it could make a substantial difference to the turnover and taxable profit of many businesses.

The new application note to FRS5 suggests that revenue should be recognised at the price specified in the contractual arrangement, i.e. the sales price. This would result in a 'one-off' uplift to taxable profit in the year in which the new valuation is implemented. However, the standard accounting practice SSAP9 remains in place. This requires work in progress to be valued at the lower of cost and net realisable value except for long-term contracts. One view is that work in progress should be valued under SSAP9 until such time as the work is complete, at which point it should be recognised at sales price.

The Financial Reporting Committee of the Institute of Chartered Accountants in England and Wales has promised clarification but it has been slow in coming. The Inland Revenue's initial view was that the amendment might not have a significant impact on the majority of professional firms but it is now awaiting clarification from the accountancy profession before considering the matter further.

Some firms have decided to get round the uncertainty by invoicing as much work in progress as possible before the end of the financial year. Although this too results in recognition of the work at sale price rather than at cost, it is likely to speed up payment, making good business sense.

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Lead Articles

» Tax Issues

Business Matters

Law Lines

 In Brief

This newsletter has been prepared for general interest and it is important to obtain professional advice on specific issues. We believe the information contained in it to be correct at the time of publication. While all possible care is taken in the preparation of this newsletter, no responsibility for loss occasioned by any person acting or refraining from acting as a result of the material contained herein can be accepted by the firm, the authors or the publishers.