Author: Glenn

The Insolvency Service is a government agency that provides services to those affected by financial distress or failure by seeking to tackle financial wrongdoing and maximising returns to creditors. The Insolvency Service operates as an executive agency of the Department for Business and Trade (DBT). 

The Insolvency Service has issued a new press release warning people that fraudsters are impersonating the agency and its staff. It seems there has been a significant increase in scams involving the impersonation of the Insolvency Service and its employees.

Fraudsters are sending fake letters claiming that the Insolvency Service has authorized third-party companies to recover lost investments, which in reality, are part of the scam itself. These companies, which are registered at Companies House, are also being impersonated by criminals. The Insolvency Service has received over 300 complaints so far this year and it’s clear that this is becoming a growing issue.

The Insolvency Service is urging the public to be vigilant especially if they have had failed investments and receive communications about recovering funds through third parties. It’s important to verify any communication directly with official sources before taking any action.

The press release lists the following important points to be aware of:

• Fraudsters have been impersonating Insolvency Service staff through scam emails, letters and phone calls.
• The scammers contact individuals who have lost money in previous investments, claiming to be from the Insolvency Service.
• The Insolvency Service will never ask for an upfront fee or authorise another company to recover money lost in a previous investment for an upfront fee.
• All genuine Insolvency Service email addresses follow the format firstname.surname@insolvency.gov.uk. No official Insolvency Service email addresses or websites will use a domain ending in ‘.co.uk’, ‘.com’ or similar.

PSC stands for Person with Significant Control. It is a legal term used primarily in the United Kingdom under company law. A PSC is someone who holds significant influence or control over a company. Companies in the UK are required to identify and register their PSCs with Companies House to ensure transparency about who owns and controls companies.

A person can be classified as a PSC if they meet one or more of the following criteria:

1. Holding more than 25% of shares in the company.
2. Holding more than 25% of voting rights in the company.
3. Having the right to appoint or remove the majority of the board of directors.
4. Exercising significant influence or control over the company.
5. Having control over a trust or firm that meets any of the above conditions.

This register of PSCs helps combat issues like money laundering and tax evasion, ensuring there is transparency in company ownership and control.

PSC Register Requirements

Every UK company (unless exempt) is required to maintain a PSC Register and submit it to Companies House. This register must be kept up-to-date and include information on all PSCs. The process ensures transparency in company ownership and helps regulators, and the public, understand who controls UK companies.

Information Required for the PSC Register

For each person or legal entity classified as a PSC, the following details must be recorded:

1. Full name
2. Date of birth
3. Nationality
4. Country of residence
5. Service address (this can be different from their residential address)
6. Residential address (this is not made public)
7. The date they became a PSC
8. Which of the PSC conditions they meet (e.g., holding over 25% of shares)
9. Details of any significant influence or control they have over the company

To apply for trademark protection in the UK, you will need to follow these steps:

Check if Your Trademark is Eligible
Ensure your trademark is unique and not too similar to existing trademarks. A trademark can include a word, logo, slogan, or a combination of these, but it must be distinctive and not misleading, offensive, or too generic.

Conduct a Trademark Search
Before applying, it's important to conduct a search of existing trademarks to ensure yours doesn’t conflict with others. You can search the UK Intellectual Property Office (IPO) database for registered trademarks and pending applications.

Choose the Right Trademark Class
Trademarks are registered under specific "classes" that define the types of goods or services covered. There are 45 different classes (34 for goods and 11 for services), and you must select the appropriate ones when filing your application.

File Your Application with the UK IPO
You can apply online through the UK Intellectual Property Office (IPO) website. The application form will require details about your trademark, the goods or services it applies to, and the classes you’ve chosen.

The standard online application fee is £170 for one class, with an additional £50 for each additional class you include.

Apply here https://trademarks.ipo.gov.uk/ipo-apply.

Examination by the UK IPO
Once you’ve submitted your application, the UK IPO will examine it to ensure it meets the criteria for registration. If there are any issues, such as similarities to existing trademarks or incomplete information, the office may contact you for clarification or to correct the issues.

Publication for Opposition
If your application passes the examination, your trademark will be published in the UK Trade Marks Journal for two months. During this time, other parties can oppose the registration if they believe it infringes on their rights. If no opposition is raised, or if any opposition is resolved, the process continues.

Registration and Protection
If no opposition is raised, or any opposition is successfully resolved, your trademark will be registered. The UK IPO will issue you a certificate of registration, and your trademark will be protected for 10 years. After this period, you can renew the trademark every 10 years indefinitely.

By following this process, you can secure trademark protection for your brand in the UK, safeguarding your intellectual property from unauthorised use.

The higher rates of Stamp Duty Land Tax (SDLT) were introduced on 1 April 2016 and apply to purchases of additional residential property such as buy to let properties and second homes. The higher rate is 3% higher than the regular SDLT rates and applies to the purchase of additional residential properties valued at over £40,000.

The higher rates of SDLT apply to purchases of additional residential properties in England and Northern Ireland. The higher rate does not apply to individuals who own only one residential property, irrespective of the intended use of the property.

You might be required to pay the higher rates even if you plan to live in the property you are purchasing even if you do not own another residential property. This is because the rules apply not just to you (the buyer), but also to anyone you are married to or purchasing the property jointly with.

Multiple Dwellings Relief (MDR) was an SDLT relief which had benefitted purchasers of multiple residential properties. However, MDR was abolished for transactions which complete, or substantially perform on or after 1 June 2024.

The Scottish Land and Buildings Transaction Tax (SLBTT) applies to transactions where the land is situated in Scotland. There is a 6% SLBTT supplement for purchases of additional residential properties.

Similarly, the Welsh Land Transaction Tax (WLTT) applies to transactions where the land is situated in Wales. There is a WLTT higher rate supplement of 4% on purchases of additional residential properties.

In a recent press release, HMRC addressed some common misconceptions about who needs to file a self-assessment return before the 31 January 2025 deadline and clarifies some of the most widespread myths.

The press release seeks to dispel the following myths:

Myth 1: “HMRC hasn’t been in touch, so I don’t need to file a tax return.”

Reality: It is the individual’s responsibility to determine if they need to complete a tax return for the 2023 to 2024 tax year. There are many reasons why someone might need to register for self-assessment and file a return, including if they:

• are newly self-employed and have earned gross income over £1,000;
• earned below £1,000 and wish to pay Class 2 National Insurance Contributions voluntarily to protect their entitlement to State Pension and certain benefits;
• are a new partner in a business partnership;
• have received any untaxed income over £2,500; or
• receive Child Benefit payments and need to pay the High Income Child Benefit Charge because they or their partner earned more than £50,000 (this limit increases to £60,000 for 2024-25).

Myth 2: “I have to pay the tax at the same time as filing my return.”

Reality: False. Even if someone files their return today, the deadline for customers to pay any tax owed for the 2023-24 tax year is 31 January 2025.

Myth 3: “I don’t owe any tax, so I don’t need to file a return.”

Reality: Even if a taxpayer does not owe tax, they may still need to file a self-assessment return to claim a tax refund, claim tax relief on business expenses, charitable donations, pension contributions, or to pay voluntary Class 2 National Insurance Contributions to protect their entitlement to certain benefits and the State Pension.

Myth 4: “HMRC will take me out of self-assessment if I no longer need to file a return.”

Reality: It is important taxpayers tell HMRC if they have either stopped being self-employed or they don’t need to fill in a return, particularly if they have received a notice to file. If not, HMRC will keep writing to them to remind them to file their return and we may charge a penalty.

Taxpayers may not need to complete a tax return if they have stopped renting out property, no longer need to pay the High Income Child Benefit Charge, or their income has dropped below the £150,000 threshold and have no other reason to complete a tax return.

Myth 5: “HMRC has launched a crackdown on people selling their possessions online and now I will have to file a self-assessment return and pay tax on the items I sold after clearing out the attic.”

Reality: Despite speculation online earlier this year, tax rules have not changed in this area. If someone has sold old clothes, books, CDs and other personal items through online marketplaces, they do not need to file a self-assessment return and pay Income Tax on the sales. 

It should be noted that you are required to notify HMRC by 5 October 2024 if you need to submit a self-assessment tax return for the 2023-24 tax year and haven't done so previously.