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Author: Glenn

Advising HMRC about additional income

There is an online tool available on GOV.UK that allows taxpayers to check if they need to advise HMRC about additional income they receive. The online tool can be found at https://www.tax.service.gov.uk/guidance/check-non-paye-income/start/how-did-you-receive-additional-income

Additional income could be generated by:

  • selling things, for example at car boot sales or auctions, or online;
  • doing casual jobs such as gardening, food delivery or babysitting;
  • charging other people for using your equipment or tools;
  • renting out property or part of your home, including for holidays (for example, through an agency or online); or
  • creating content online, for example on social media.

In most cases, these types of income are taxable. However, there are two separate annual £1,000 tax allowances available for property and trading income. If you receive either type of income listed (property or trading income), you can claim a £1,000 allowance for each. The online tool will help determine if this applies to you.

Where each respective allowance covers all the individual’s relevant income (before expenses) the income is tax-free and does not have to be declared. Taxpayers with higher amounts of income will have the choice, when calculating their taxable profits, of deducting the allowance from their receipts, instead of deducting the actual allowable expenses.

Business sectors subject to AML regulation

In the UK, certain business sectors are required to register with a regulatory body, such as HM Revenue & Customs (HMRC), for Anti-Money Laundering (AML) purposes. These sectors include:

  1. Money Service Businesses (MSBs): This includes currency exchange offices, money transmission services, and cheque cashing businesses. MSBs are required to register with HMRC for AML supervision.
  2. Estate Agents and Letting Agents: Estate agents involved in buying, selling, or letting property, especially transactions over a certain value, must register with HMRC. Letting agents also need to register if they facilitate transactions with monthly rents of €10,000 or more.
  3. High-Value Dealers: Businesses that accept or make cash payments of €10,000 or more (or the equivalent in any currency) in a single transaction must register with HMRC. This category includes dealers in luxury goods, precious metals, and other high-value items.
  4. Accountancy Service Providers (ASPs): This includes accountants, tax advisers, external auditors, and bookkeepers who offer accountancy services. These businesses must register with a relevant supervisory authority, such as HMRC, or a professional body like the Institute of Chartered Accountants.
  5. Trust or Company Service Providers (TCSPs): Businesses that provide services related to the formation of companies, acting as company directors or secretaries, providing registered office addresses, or acting as trustees must register with HMRC.
  6. Cryptoasset Exchange Providers and Custodian Wallet Providers: Businesses involved in exchanging cryptoassets or providing services for managing and storing cryptoassets (custodian wallets) must register with the Financial Conduct Authority (FCA) for AML purposes.
  7. Art Market Participants: Businesses or individuals involved in the buying and selling of works of art, where the value of transactions (individually or cumulatively) amounts to €10,000 or more, must register with HMRC.
  8. Bill Payment Service Providers and Telecommunications, Digital, and IT Payment Providers: Businesses that provide bill payment services or enable payments through digital or IT services must also register with HMRC for AML compliance.
  9. Auctioneers and Dealers of Art or Antiques: Similar to high-value dealers, businesses in this sector must register if they manage transactions exceeding the €10,000 threshold.

These sectors are considered high-risk for money laundering and terrorist financing, and therefore, are required to register with an appropriate supervisory body to ensure compliance with the UK's AML regulations. Failure to register can lead to significant penalties, including fines and criminal prosecution.

Paying tax via your tax code

You may be able to have tax underpayments collected via your tax code when you are in employment or in receipt of a company pension. Instead of paying off debts in a lump sum, money is collected in equal monthly instalments over the tax year.

You can pay your self-assessment bill through your PAYE tax code as long as these conditions apply:

  • You owe less than £3,000 on your tax bill (you cannot make a part payment to meet this threshold).
  • You already pay tax through PAYE, for example you are an employee, or you receive a company pension.
  • You submitted your paper tax return by 31 October or your online tax return online by 30 December. This means that that for the 2023-24 tax year you have until 30 December 2024 to file your online self-assessment returns in order to have the monies collected in the 2025-26 tax year starting on 6 April 2025.

HMRC will automatically collect what you owe through your tax code if you meet the three conditions set out above unless you have specifically asked them not to (on your tax return).

You will not be able to pay your tax bill through your PAYE tax code if:

  • You do not have enough PAYE income for HMRC to collect it.
  • You had paid more than 50% of your PAYE income in tax.
  • You had ended up paying more than twice as much tax as you normally do.
  • You owed £3,000 or more but made a part payment to reduce the amount you owe to less than £3,000.

What is Gift Hold-Over Relief?

Gift Hold-Over Relief defers the payment of Capital Gains Tax (CGT). It can be claimed when assets, including certain shares, are gifted or sold below their market value to benefit the buyer. The relief allows any gain on the asset to be 'held-over' until the recipient sells or disposes of it. This is achieved by reducing the recipient's acquisition cost by the amount of the held-over gain.

The person giving a qualifying asset is not liable for Capital Gains Tax (CGT) on the gift itself. However, CGT may be due if the asset is sold for less than its market value. Gifts between spouses and civil partners do not usually incur CGT. A claim for the relief must be made jointly with the person to whom the gift was made.

If you are giving away business assets you must:

  • be a sole trader or business partner, or have at least 5% of voting rights in a company (known as your 'personal company'); and
  • use the assets in your business or personal company.

You can usually get partial relief if you used the assets only partly for your business.

If you are giving away shares, then the shares must be in a company that is either:

  • not listed on any recognised stock exchange; or
  • your personal company.

The company's main activities must be in trading, for example providing goods or services, rather than non-trading activities such as investment activities.

IHT unused Residence Nil Rate Band (RNRB)

The Inheritance Tax Residence Nil Rate Band (RNRB) is a transferable allowance available to married couples and civil partners when their main residence is inherited by direct descendants, such as their children or grandchildren.

The RNRB is available at a maximum allowance of up to £175,000 per person. This allowance can be transferred to a surviving spouse or partner if it remains unused. It is in addition to the existing £325,000 Inheritance Tax (IHT) nil-rate band.

Together with the current Inheritance Tax limit of £325,000, this allows married couples and civil partners to pass on property valued up to £1 million free of IHT to their direct descendants.

However, the transfer of the unused RNRB does not happen automatically; it must be claimed from HMRC when the second spouse or civil partner passes away. Typically, the executor of the estate will file a claim to transfer the unused RNRB from the estate of the first deceased spouse or civil partner. This transfer can also be claimed even if the first spouse or civil partner died before the RNRB was introduced on 6 April 2017.

It is important to note that the RNRB is tapered for estates valued over £2 million, even if the family home is left to direct descendants. For every £2 that the estate exceeds the £2 million threshold, the RNRB is reduced by £1, potentially eliminating the allowance entirely.