The Guernsey Compulsory Pension Scheme is expected to be launched from 2021

Details have not yet been finalised, however it is proposed that the scheme will not be compulsory for individuals, i.e those who are self employed or non employed, however they can make voluntary contributions if they wish.

 

As an employer you will also have to auto enrol your employees in the Pension Scheme.  Unless they opt out, your company will have to pay 1% of their earnings in the first year, increasing to 3.5% over a 7 year period, and they will have to contribute 1% of their earnings in the first year, increasing up to a maximum of 6.5% over a period of 7 years.

 

Check www.gov.gg/secondarypensions to find out how it is likely to affect you.

Personal and other Tax Allowances for High Earners are being withdrawn

The withdrawal of allowances starts at £100,000 for 2019.  Allowances will be withdrawn at the rate of £1 for every £5 of income over the threshold.  All allowances apart from a £1,000 pension contribution will be withdrawn, in the following order :

 

  • Personal allowance
  • Dependent relative allowance
  • Mortgage interest relief

 

If you have had all of your allowances removed in your coding notice automatically and you think you are entitled to some allowances, you need to contact the States of Guernsey Revenue Service with details of your 2020 income.

Non resident Investors in UK Property – changes from 6 April 2019

I note that you have an investment in Property Moose Investments and want to highlight a recent change in relation to the taxation of commercial property interests effective 6 April 2019.  From that date Offshore Funds and REITS and institutions who currently hold interests in UK property are brought in to the scope of UK tax.

 

Non residents will now need to submit a Non Resident Capital Gains Tax (NRCGT) Return and pay any tax due within 30 days of making a disposal. Penalties may apply for non compliance.

 

The market value at 5 April 2019 or the cost can be used as a base.  So please keep a note of the value at 5 April 2019.

Personal Tax Changes for 2015

Mortgage Interest allowance cap has dropped from £25k to £15k (£30k per couple)

First £50 bank interest is now exempt (£100 per couple)

The married persons allowance is now only available if both spouses are resident in Guernsey.

Clarification on Compensatory awards made by Employment & Discrimination Tribunal for unfair dismissal confirms that they fall within the definition of ’emoluments’ and are taxable (subject to the £30k exemption for termination payments)

Income from Guernsey land and property is to be excluded from the tax cap.

Company Articles Update extended to 31 December 2016

The deadline for updating Company Articles for companies formed prior to 2008 has been extended to 31 December 2016.

This gives all companies a little longer to check if their articles comply with the new Company Law.

If you are a director or secretary of a pre-2008 company, then you may wish to amend the company’s memorandum and/or articles if any provisions are invalid and unenforceable under the new Law. It may not be strictly necessary to do so, provided that you are aware that the operation of certain provisions may be affected by the expiry of the transitional provisions.

Please contact us for further advice.

UK Capital Gains Tax and ATED Charges

For those clients with UK property owned personally or via a non UK resident Trust (and by any Company not within an ATED CGT charge), please note that Capital Gains Tax may apply to any disposals after 5 April 2015.There will be a form rebasing to the property’s value as at 5 April 2015.

Also from 1 April 2015 the annual tax charge on properties (ATED) will apply to any Company owning UK residential property where the property is valued at over £1M, as at 5 April 2012, and an ATED return will have to be filed in all cases. If any of the exemptions apply, the Return will need to claim that exemption. The Return has to be filed by 15 October and the payment of the ATED by 31 October.

The extended ATED related CGT charge will also apply to any disposals of UK property by Companies from 1 April 2015 where the property’s value was in excess of £1M as at 1 April 2012.

Please get in touch if you need specific advice and assitance with ATED Returns.

Social Security Changes for 2015

Shareholders and employees of a subsidiary trading company who receive dividends from a group holding company or associated companies will be assessable on that income.

Non-executive directors fees may now be liable for Class 1 contributions.

Parameters are now being set on the amount of fess that can be received be a non-employed person before they are assesses as Class 3.