As the end of the tax year approaches, it is prudent to review your pension contributions for the year and consider whether it is worth making further contributions before 6 April 2024. Remember, any annual allowances brought forward from 2020/21will be lost if not used by this date.

The amount of tax-relieved contributions that can be made in any tax year to a registered pension scheme is limited by both your earnings and your available annual allowances.

Earnings cap

Tax-relieved personal contributions to a registered pension scheme are capped at 100% of earnings for the year or, if higher, £3,600 (gross). This can be limiting for company directors who extract the majority of their profits as dividends, as dividends do not count as earnings for these purposes. However, contributions made by an employer (including those by the director’s personal or family company) are not limited by the earnings cap and can be tax efficient.

Annual allowance

The second limit on tax-relieved pension contributions is the annual allowance. Both individual and employer contributions count towards the allowance.

The allowance is set at £60,000 for 2023/24. However, where both threshold income (broadly income excluding pension contributions) exceeds £200,000 and adjusted net income (broadly income including pension contributions) exceeds £260,000, the allowance is reduced by £1 for every £2 by which adjusted net income exceeds £260,000 until the allowance reaches £10,000.

Where the allowance is not used in full in a tax year, it can be carried forward for three years. However, allowances from an earlier year can only be used where the current year’s annual allowance has been used in full. Allowances not used within this timeframe are lost. If you have made contributions to the level of your annual allowance for 2023/24, further contributions can be made to utilise any unused allowances from 2020/21, 2021/22 and 2022/23. The unused allowances for an earlier year are used before those of a later year.

The annual allowance for 2020/21 to 2022/23 inclusive was set at £40,000; threshold income was £200,000; the adjusted net income abatement threshold was £240,000 and the minimum allowance for the year was £4,000. It is important that the correct figures are used when calculating allowances available from earlier years.

Where a pension has been flexibly accessed by a contributor who has reached age 55, a reduced annual allowance applies to prevent recycling of contributions to benefit from further tax relief. This allowance (the money purchase annual allowance) is set at £10,000 for 2023/24. It was £4,000 for 2020/21 to 2022/23 inclusive.

If tax-relieved contributions are made in excess of the available annual allowance, the excess tax relief not due is clawed back by means of an annual allowance charge.

No lifetime allowance charges

The abolition of the lifetime allowance charge from 6 April 2023 (and the lifetime allowance itself from 6 April 2024) provide an opportunity for those whose tax-relieved pension savings have already reached £1,073,100 to make further contributions without incurring a punitive tax charge. However, where pension savings exceed £1,073,100 when accessed, the tax-free lump sum is capped at £268,275 (being 25% of this figure).

Take advice

In deciding whether to make further pension contributions before the end of the tax year, it is advisable to take financial advice.

In his November 2023 Autumn Statement, the Chancellor announced a reduction in the main primary rate of Class 1 National Insurance from 12% to 10%. Rather than waiting until the start of the 2024/25 tax year to bring in the change, it applies from 6 January 2024.

The change will benefit employers and directors but will cause something of a headache for employers who will need to implement the change in-year.

Primary Class 1 contributions

Primary contributions are payable by employees and are the mechanism by which they build up entitlement to the state pension. For a year to be a qualifying year, an employee needs earnings at least equal to the lower earnings limit, which is set at £6,396 for 2023/24 (£123 per week).

Class 1 contributions are payable at the main Class 1 rate on earnings between the primary threshold and the upper earnings limit, and at the additional rate on earnings in excess of the upper earnings limit. For 2023/24, the primary threshold is aligned with the personal allowance at £12,570 and the upper earnings limit is set at £50,270, aligned with the point at which higher rate tax becomes payable. Employees with earnings between the lower earnings limit and the primary threshold are treated as having paid primary contributions at a zero rate. This secures a qualifying year for state pension purposes for zero National Insurance cost.

The main primary rate is 12% from 6 April 2023 to 5 January 2024 and 10% from 6 January 2024 to 5 April 2024. The additional primary rate is 2% throughout 2023/24. The reduction in the main primary rate will save an employee up to £62.82 per month.

Directors

Unlike other employees who have an earnings period that corresponds to their pay interval, directors have an annual earnings period regardless of the frequency with which they get paid. Directors’ contributions can be calculated as for PAYE on a cumulative basis by reference to the annual thresholds, or the alternative arrangements can be used under which the contributions are calculated as for other employees each time the director is paid, with the liability being recalculated on an annual basis when the director is paid for the final time in the tax year.

The liability should be calculated using the rates prevailing at the time. However, where the alternative arrangements are used, the in-year change will mean that a composite annual rate for 2023/24 must be used when calculating the annual liability at the year end. For 2023/24 the composite rate is 11.5%.

Giving effect to the changes

Employers will need to update their payroll software before making January 2024 (month 10) payments to employees.

If it is not possible to update the software in time, employers will need to rectify the position before the end of the 2023/24 tax year to ensure that employees and directors have paid the right contributions for the tax year.

No one wants to pay more tax than they need to and, where possible, disposals should be timed to ensure that the best result is achieved from a tax perspective. Where a disposal is made around the end of the tax year, accelerating or delaying the disposal date can impact on the tax that is paid. This is particularly true this year, as the capital gains tax annual exempt amount falls from £6,000 for 2023/24 to £3,000 for 2024/25.

Don’t waste the exempt amount

Each individual has their own annual exempt amount for capital gains tax purposes. It is set against net gains for the tax year (chargeable gains less allowable losses for the year), but before using up any capital losses from previous tax years. The annual exempt amount is lost if it is not used in the tax year – it cannot be carried forward.

Spouses and civil partners are able to transfer assets between. This is useful from a tax planning perspective. If one spouse or civil partner has already used their annual exempt amount and wants to dispose of an asset that would trigger a capital gain, transferring the asset, or a share in it, to the other spouse or civil partner prior to disposal will enable the unused annual exempt amount to be set against the gain.

Timing considerations

When considering whether it is preferable to make a disposal in 2023/24 or wait until 2024/25, it is helpful to consider the following questions:

1. Have I used up my annual exempt amount for 2023/24?
2. Will I be a basic rate, higher or additional rate taxpayer in 2023/24?
3. Have I realised any losses in 2023/24?
4. Has my spouse/civil partner used their annual exempt amount for 2023/24?
5. What rate does my spouse or civil partner pay tax at?
6. Do I expect to realise gains and/or losses in 2024/25?
7. What rate do I expect to pay tax at in 2024/25?
8. What rate do I expect my spouse or civil partner to pay tax at in 2024/25?

If you have not made any disposals in 2023/24, it would be better to realise any gain before 6 April 2024 to take advantage of the higher annual exempt amount for 2023/24. Where a spouse or civil partner’s annual exempt amount is available, this can be accessed too by making a no gain/no loss transfer. Making a disposal in 2023/24 rather than 2024/25 can save a couple up to £1,200 in capital gains tax.

The position is slightly more complicated if losses are involved, as allowable losses for the tax year are set against chargeable gains for the same year before applying the annual exempt amount. Unrelieved losses for earlier years are applied after the annual exempt amount. To the extent that allowable losses of the tax year are not relieved against chargeable gains of that year, they can be carried forward.

If you have unrelieved losses for 2023/24 that exceed the chargeable gain, the annual exempt amount would be lost anyway, so there is nothing to be gained by making the disposal before 6 April 2024. Instead, by delaying it, you will be able to set the 2024/25 annual exempt amount against the gain before using the losses carried forward from 2023/24, reducing the overall bill.

If the 2023/24 annual exempt amount has already been used up, when deciding whether to delay the disposal so that it falls in the 2024/25 tax year, it is also necessary to consider the rate at which the gain would be taxed and the overall tax bill. For example, if you are a basic rate taxpayer in 2023/24 but are likely to be a higher rate taxpayer in 2024/25, it may be better to make the disposal prior to 6 April 2024 so the gain will be taxed at 10% rather than 20% (or 18% rather than 28% where it relates to residential property), particularly if you are likely to make other gains in 2024/25 that will use up the annual exempt amount.

Planning ahead is the key. Do the sums first and time the disposal accordingly.

As we move into the final months of the 2023/24 tax year, it is time to give some thought to whether you have used your 2023/24 dividend allowance yet, and whether it is worth extracting further profits as dividends before the end of the tax year. Once a salary has been taken equal to the personal allowance of £12,570, it is tax efficient to extract further profits as dividends.

Nature of the dividend allowance

The dividend allowance is available to all taxpayers, regardless of the rate at which they pay tax. The allowance is set at £1,000 for 2023/24, but will fall to £500 for 2024/25. Dividends sheltered by the allowance can be enjoyed free of tax by the recipient; however, as the allowance uses up part of the tax band in which the dividends fall, it is more of a zero-rate band than a true allowance.

Dividend tax rates

Dividends are taxed as the top slice of income and the dividend tax rates are less than the general income tax rates. Where dividends fall in the basic rate band, they are taxed at the dividend ordinary rate of 8.75%; where they fall in the higher rate band, they are taxed at the dividend upper rate of 33.75%; and where they fall in the additional rate band, they are taxed at the additional dividend rate of 39.35%. By comparison, the basic rate of income tax is 20%, the higher rate of tax is 40% and the additional rate is 45%.

Restrictions on paying dividends

Dividends are paid from post-tax profits which have already suffered corporation tax. A dividend can only be paid where a company has sufficient retained profits from which to pay the dividend.

Further, dividends must be paid in proportion to shareholdings, although this restriction can be overcome by having an alphabet share structure which allows dividend payments to be tailored to the shareholder’s circumstances. Where this is used, each shareholder has their own class of share, e.g. A ordinary shares, B ordinary shares, and so on, meaning that a dividend can be paid to that shareholder only by declaring a dividend for the class of share that they hold.

Don’t waste the allowance

If you haven’t declared any dividends in 2023/24 and have the profits to do so, it is worth declaring dividends to use up your 2023/24 allowance. As the dividend allowance falls from £1,000 for 2023/24 to £500 for 2024/25, dividends that are not taxable if declared before 6 April 2024 may be taxed if declared on or after that date.

In a family company scenario, check whether all shareholders have used up their dividend allowance and, if not, consider declaring dividends so that their allowances are not wasted. Options for extracting profits without triggering a personal tax liability are limited, so, where possible, it makes sense to take advantage of the tax-free extraction routes available.

Remember, when assessing how much of your dividend allowance remains unused, to take account of any dividends that you have received from investments.

Further dividends

If you need funds outside the company and have already used your dividend and personal allowance, consider the rate at which those dividends will be taxed. If your basic rate band has not been used in full, it may be preferable to take dividends before 6 April 2024 to ensure that they are taxed at the dividend ordinary rate of 8.75%, particularly if you are likely to be a higher or additional rate taxpayer in 2024/25.

The self-employed have historically paid two classes of National Insurance – Class 2 and Class 4. However, this is set to change from April 2024 with the abolition of Class 2 National Insurance contributions.

What are Class 2 contributions?

The payment of Class 2 contributions has enabled a self-employed person to build up entitlement to the state pension and contributory benefits.

Class 2 contributions are flat-rate weekly contributions payable where profits from self-employment exceed the lower profits threshold, set at £12,570 for 2023/24. The threshold is aligned with the personal allowance and the lower profit limit applying for Class 4 purposes.

Where profits fall between the small profits threshold (set at £6,725 for 2023/24) and the lower profits threshold, a self-employed earner is treated as having paid Class 2 contributions at a zero rate, thereby earning a qualifying year without actually having to pay any National Insurance.

A self-employed earner whose profits are below the small profits threshold is not liable to pay Class 2 National Insurance contributions, but can make voluntary contributions if they choose in order to maintain their state pension record. This is a much cheaper option than paying Class 3 contributions.

The abolition of Class 2 contributions has been a long time coming. Class 2 contributions were to have been abolished and Class 4 contributions reformed with effect from 6 April 2019 (having already been delayed a year). Following a U-turn, the reforms were put on hold as a result of concerns that self-employed earners with low earnings would lose out. However, the introduction of the lower profits threshold and a deemed zero rate on contributions between the small profits threshold and lower profits threshold has addressed this issue, paving the way for the abolition of Class 2 contributions.

Class 4 contributions

Class 4 contributions are profit-related contributions payable by self-employed earners. Contributions are payable at the main Class 4 rate on profits between the lower profits limit and the upper profits limit, and at the additional Class 4 rate on profits in excess of the upper profits limit.

For 2024/25, the lower profits limit is £12,570 and the upper profits limit is £50,270, unchanged from 2023/24 and due to remain at this level until 5 April 2028.

For 2024/25, the main Class 4 rate is 8%, having been reduced from 9%. The additional Class 4 rate is 2%.

Building up pension entitlement for 2024/25 and beyond

With the abolition of Class 2 National Insurance contributions from 6 April 2024, self-employed earners will for 2024/25 onwards build up entitlement to the state pension and contributory benefits where their earnings exceed £12,570. This is the point at which Class 4 contributions become payable.

However, self-employed earners with profits between £6,725 and £12,570 for 2024/25 will receive a National Insurance credit, earning them entitlement to the state pension and contributory benefits, despite not paying any National Insurance.

For 2024/25, self-employed earners with profits of less than £6,725 will still be able to make voluntary contributions at the 2023/24 Class 2 rate of £3.45 per week. This will be much cheaper than paying Class 3 voluntary contributions, which are to remain at £17.45 per week for 2024/25.

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Tax and accounting rules are not identical and it is sometimes necessary to adjust the accounting profit to arrive at the profit for tax purposes. One area where the rules differ is in the write-off of capital expenditure.

For accounting purposes, depreciation is charged to the accounts so as to write off the asset over its useful economic life. This may, for example, be on a 33% reducing balance basis or on a 25% straight line basis.

By contrast, for tax purposes, relief for capital expenditure is given by way of capital allowances.

The capital allowances that are available depend on the nature of the asset, and there may be more than one possible claim. For example, qualifying expenditure on plant and machinery may benefit from the annual investment allowance (AIA) which allows a 100% deduction for the expenditure in the year in which it is incurred up to the £1 million AIA limit. Where the AIA is not available, or the taxpayer does not wish to claim it, writing down allowances are given at the rate of 18% for main rate expenditure and at 6% for special rate expenditure. Companies can also benefit from full expensing on qualifying new plant and machinery that would otherwise be eligible for main rate writing down allowances. Like the AIA, this provides immediate relief for the full amount of the expenditure but, unlike the AIA, the amount of expenditure that can benefit from full expensing is not capped. A 50% first-year allowance is available to companies on new qualifying assets that would otherwise qualify for special rate writing down allowances, as long as the expenditure is incurred on or before 31 March 2026. This can be useful if the AIA has been used up. First-year allowances are available at a 100% rate for new zero emission cars. This again is beneficial as expenditure on cars does not qualify for the AIA, full expensing or the 50% first-year allowance available to companies.

Adjusting the profit

As a result of the differences between depreciation and capital allowances, it is necessary to make an adjustment to the accounting profit to arrive at the taxable profit. Depreciation must be added back to the accounting profit and capital allowances deducted (or balancing charges added) to arrive at the taxable profit. Further adjustments may be needed for other expenses that are not allowable for tax purposes, such as entertaining expenses.

Where the AIA or full expensing is claimed, relief is given in full for tax purposes earlier than for accounting purposes. This means that the taxable profit will be lower than the accounting profit in the year in which the expenditure is incurred, but in subsequent years the accounting profit will be lower as depreciation will continue to be charged but the capital allowances have already been given.

Example

A Ltd is a new company and spends £200,000 on plant and machinery on which it claims the AIA.

For accounting purposes, depreciation is charged at 30% on a reducing balance basis.

The accounting profit for the year is £350,000 after charging depreciation of £60,000.

To arrive at the taxable profit, the depreciation of £60,000 must be added back, but the company can deduct the capital allowances of £200,000. The taxable profit is therefore £210,000.

The marriage allowance is not a separate allowance as such – rather, it is a transfer of part of one spouse or civil partner’s personal allowance to their spouse or civil partner. It should not be confused with the married couple’s allowance which is available where at least one spouse or civil partner was born before 6 April 1935.

The marriage allowance allows one spouse or civil partner to transfer 10% of their personal allowance (as rounded to the nearest £10) to their spouse or civil partner. However, the transfer is not permitted if the recipient pays tax at the higher or additional rate. For 2023/24 the personal allowance is £12,570 and the marriage allowance is £1,260.

Claiming the marriage allowance is beneficial if one spouse or civil partner is unable to use their personal allowance in full, and the other pays tax at the basic rate. Utilising the allowance can save a couple up to £252 in tax in 2023/24 (£1,260 @ 20%).

The only permitted transfer is £1,260 – it is not possible to transfer more of the personal allowance where this is unused or less if the amount unused is less than £1,260. However, if the unused personal allowance is less than £1,260 and making the transfer would mean that overall, the couple would pay less tax, it would be beneficial (although it may mean that some tax is now payable by the transferor).

Where the marriage allowance is claimed, the personal allowance of the spouse or civil partner making the transfer is reduced by £1,260 to £11,310, whereas the recipient’s personal allowance is increased to £13,830.

Older couples benefiting from the married couple’s allowance cannot also claim the marriage allowance.

Making a claim

A claim can be made online by visiting the Gov.uk website at www.gov.uk/apply-marriage-allowance. The claim can be made for the current tax year and also for 2019/20 and any later tax year for which the couple were eligible to make the claim. Once a claim has been made, it will apply for subsequent tax years until the claim is cancelled. This too can be done online.

Claims for the allowance can also be made through Self Assessment or by completing the marriage allowance form MATCF (see www.gov.uk/guidance/apply-for-marriage-allowance-by-post) and sending it to the address on the form.

Example 1

Alex and Anna are married. Alex earns £30,000 a year. Anna looks after their young daughter and has no income in 2023/24.

The couple claim the marriage allowance. As a result, Alex’s personal allowance is increased by £1,260, reducing the tax that he pays by £252.

Example 2

Jake and John are in a civil partnership. Jake works part-time while studying and earns £12,000 in 2023/24. John has income of £40,000 in 2023/24.

Jake is only able to use £12,000 of his personal allowance, leaving £570 unused. Although he cannot tailor the marriage allowance to transfer this to John, a claim is still worthwhile.

Making the claim will reduce Jake’s personal allowance by £1,260 to £11,310. As a result, he will now have to pay a small amount of tax as his income exceeds his reduced personal allowance by £690, generating a tax liability of £138 (£690 @ 20%).

However, John’s personal allowance will increase by £1,260, reducing the tax that he pays by £252.

Overall, despite the fact that Jake must now pay some tax, the couple’s combined tax bill is reduced by £114 (£252 − £138) as a result of claiming the allowance.

In personal and family companies, directors often borrow money from the company as this is a cheaper and easier option than taking out a commercial loan. However, there can be tax consequences for both the director and the company.

If the loan balance exceeds £10,000 at any point in the tax year, a tax charge would arise under the benefit in kind rules if the interest paid by the director on the loan, if any, is less than that which would be payable at the official rate. The taxable amount is the interest due at the official rate, less any interest paid by the director. The company must also pay Class 1A National Insurance on the taxable amount.

Further tax consequences arise if the company is a close company (as most personal and family companies are) and the director’s loan account is overdrawn at the year end and remains so at the corporation tax due date nine months and one day after the year end. A close company is, broadly, one controlled by five or fewer people. Where this is the case, the company must pay tax on the outstanding loan balance. This tax is known as section 455 tax. If the loan is outstanding at the year end but cleared before the corporation tax due date, there is no section 455 tax to pay, but the loan must be reported on the company tax return. The rate of section 455 tax is linked to the dividend higher rate, and is 33.75% in respect of loans made on or after 6 April 2022.

Although paid at the same time as corporation tax, section 455 tax is not corporation tax and, crucially, is a temporary tax as it becomes repayable once the loan balance is cleared.

The tax can be reclaimed nine months and one day after the end of the accounting period in which the loan was repaid, released or written off. The tax becomes repayable on the day that the corporation tax for the period is due. To reclaim the tax, the loan does not need to be cleared in full – if part of the loan balance is repaid, released or written off, you can reclaim the tax due on that part of the loan.

A claim can be made on form L2P. This can be done online by visiting the Gov.uk website at www.gov.uk/guidance/reclaim-tax-paid-by-close-companies-on-loans-to-participators-l2p. A claim can be made by your agent on your behalf.

To make a claim, you will need your Unique Taxpayer Reference (UTR) and your bank details to hand. You will also need to provide the following information:

• the start and end dates for the accounting period in which the loan was made;
• the date the loan was made;
• the start and end dates for the accounting period when the loan, or part of the loan, was repaid, released or written off;
• the date that the loan, or part of the loan, was repaid, released or written off;
• the amount of the loan or part of the loan repaid, released or written off; and
• the date when the relief is due.

Once a claim has been submitted, HMRC will issue a revised tax calculation showing what is owed. The reclaimed tax will be set against any corporation tax owed to HMRC in the first instance, with any excess being repaid by HMRC.

Strict reporting deadlines apply under Real Time Information (RTI). Employers are required to report employees’ pay and deductions to HMRC electronically on the Full Payment Submission (FPS) at or before the time that the payment is made to the employee. Employers who report late for more than one tax month in the tax year are charged penalties. While HMRC do allow a three-day period of grace and will not charge a penalty if the employer occasionally reports in this window, this is a concession rather than an extension to the deadline and should not be relied on.

In December, many employers opt to pay their employees on a day other than their usual payday. This may be because the normal payday falls on a bank holiday or because the business closes over the Christmas and New Year period. An employer may also choose to pay employees early in December as a goodwill gesture.

In 2019 HMRC introduced a permanent easement where employers paid their employees earlier than usual over the Christmas period. Rather than requiring pay and deductions to be reported by the actual payment date, instead the employer should use their usual or contractual pay date as the payment date in the FPS and ensure that it reaches HMRC by that date. As long as the FPS is submitted by the usual payday it will not be regarded as late by HMRC, even if the employees were paid on an earlier date. The reason for the easement is to help protect employees’ entitlement to Universal Credit.

Example

An employer normally pays its employees on the last Friday of the month. In December, this falls on 29 December 2023. However, as the employer shuts during the Christmas week, opening again on 2 January 2024, employees are instead paid on the last working day in December, which is Friday 22 December 2023.

While it may be convenient to send the FPS when running the payroll on that date, the employer should still report the payment date as the usual payday of 29 December 2023. As long as the FPS is submitted by 29 December 2023 it will be treated as having been filed on time.

Although the deadline for submitting your 2022/23 tax return online is midnight on 31 January 2024, if you owe tax and you want to have it collected through PAYE via an adjustment to your tax code, you will need to file your tax return by the earlier date of 30 December 2023.

If the option to pay any tax you owe via PAYE is available to you, it can be attractive. Not only are you saved from having to pay the bill in full by 31 January 2024, but you can also pay what you owe in instalments without needing to set up a Time to Pay arrangement. Further, there is no interest to pay – a bonus in times of high interest rates.

Qualifying conditions

Paying your Self Assessment tax bill through your tax code is only an option if all of the following conditions are met:

• You owe less than £3,000 in total.
• You already pay tax through PAYE, for example, because you are an employee or because you receive a company pension.
• You submitted your 2022/23 tax return online by 30 December 2023 (or filed a paper return by 31 October 2023).

It is important to note that if your Self Assessment bill is more than £3,000, you cannot pay it via PAYE – even if you make a part payment to reduce the outstanding amount to £3,000 or less. However, if you are struggling to pay, you may be able to set up a Time to Pay arrangement (which can usually be done online if you owe £30,000 or less).

It will not be possible to pay your tax through PAYE if you do not have enough PAYE income for HMRC to collect what you owe or if deducting your Self Assessment tax via PAYE would result in you  paying more than 50% of your PAYE income in tax or paying twice as much tax as you usually do.

Automatic set-up

If you have filed your tax return by the 30 December 2023 deadline and you meet all three of the conditions set out above, HMRC will automatically amend your 2024/25 tax code to collect the tax that you owe under Self Assessment for 2022/23 – you do not need to ask them to do this. If you do not want them to collect tax in this way and you have filed your return by 30 December 2023, you will need to tell them.

Your code is adjusted so that you will pay the tax that you owe in 12 instalments over the tax year in addition to the usual deductions from your pay. For example, if you owe £1,200 and you are a basic rate taxpayer, your personal allowances will be reduced by £6,000, so that if you receive the personal allowance of £12,570, your code for 2024/25 will be 657L. You will pay an additional £100 a month in tax as a result for 2024/25.