Savers ride the tax tide due to rising rates
As a result of rising interest rates, millions will now need to pay tax on savings income in 2023/2024. HMRC's guidance states these people can rely on the tax authority to deal with this issue, but how true this is.
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It's been well documented here that no-one, including HMRC, knows what s7 TMA 1970 actually means re "chargeable to income tax" in the context of personal allowances (which must be claimed) etc.
https://www.legislation.gov.uk/ukpga/1970/9/section/7
https://www.legislation.gov.uk/ukpga/2007/3/part/3/chapter/2/crossheadin...
https://www.legislation.gov.uk/ukpga/2007/3/section/56
For example from the link below: "Income that is covered by your personal allowance still remains taxable income"
https://www.litrg.org.uk/tax-guides/tax-basics/what-tax-allowances-am-i-...
Surely "taxable income" has the same meaning as income "chargeable to income tax"?
In practice, HMRC interpret s 7 to mean whatever they want it to mean.
I beg to differ. I know what “chargeable to income tax” in s 7 TMA 1970 actually means. It means the aggregate of the components of income that is charged to tax that are ones to which the taxpayer is entitled, and which enter the section 23 ITA computation at Step 1.
The phrase is not to be confused with the words “chargeable to income tax” in section 8(1) TMA which has a very different meaning, as provided for by section 8(1AA)(1).
I agree LITRG’s “taxable income” means the same as in section 7. Using that phrase, which is more intelligible to the average LITRG client, doesn’t carry any implication that they don’t know what it means.
It remains remarkable to me that despite the strictures of (competent) judges, especially of Lord Macmillan in the Codification Committee’s report, that the vocabulary of the administration and management of income tax is still so confusing. You’d have thought that both the “self-assessment” legislation of 1994, the Income Tax Act 2007 and possibly the OTS gave ample opportunity to tidy this up.
But as I’ve impliedly hinted at in my first paragraph (where I have chosen my words very carefully) the UK is, with a few possible nearby exceptions, unique in both stating that income is chargeable to tax (see eg s 5 ITTOIA) and that people are chargeable to tax. Contrast this with section 1 of the US Internal Revenue Code 1986.
Possibly you're the only one who understands this. It' still as clear as mud to me. See: https://www.accountingweb.co.uk/any-answers/what-is-the-penalty-for
Does someone with £10k UK bank interest income (and nothing else) have to notify under s7 (if in previous years they've had £0 income/gains and no SA100 filings nor s8 notices) and if not why not (considering the PA must be claimed)?
This seems to confirm my view that it's all a bit of a mess: https://www.taxation.co.uk/articles/collecting-tax-outside-self-assessme...
The answer is here and it's a bit bonkers.
https://www.accountingweb.co.uk/any-answers/infants-income-exceeds-pa-re...
Implicitly, under HMRC's pramatic approach to s7, taxpayers self-assess tax deductible expenses etc. without actually filing a SA100 to check if they have to notify under s7 in the 1st place. Bonkers!
This problem is not just confined to the increase in interest rates meaning savers are receiving decent interest for the first time since the PSA was introduced, we also have the reducing Dividend Allowance and the freezing of the Personal Allowance against increases in income. I know HMRC have been warned of these problems repeatedly by the PBs, and on the Agent Forum. But HMRC are sticking their head in the sand. HMRC don't want these taxpayers to report via SA even though their care clear benefits to HMRC (and agents). There's no point HMRC saying reporting can be made via the PTA because agents don't have access to the PTA. I feel the solution, from an agents and HMRC's perspective, is to permit taxpayers to voluntarily register for SA.
Relying on HMRC for interest figures is not advisable. A person whose return I still do had over £2k interest and £2k divs, she submitted her return and paid the tax early Oct.
Last week we got a Tax Calc (P800) from HMRC, the interest figure they used bore no relation to the submitted figures (It was too low), they have no dividends in the Calc, they have not allowed for the tax paid by taxpayer direct in October only the tax deducted from a pension received, accordingly I just spent 30 minutes to the person on the phone trying to reassure them that the HMRC demand for £91.86 was nonsense, the figures were made up, please just ignore. (They also have a mysterious adjustment of £23.21 which I think is their guess at b/fwd tax due and is also a nonsense)
Another example of HMRC talking the talk whilst not being able to walk the walk.
As HMRC are still happy to issue P800s and send repayments to SA-registered clients with tax liabilities, their "matching" abilities are clearly somewhat lacking.