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Pension Credit action week

Pension Credits can provide extra income to those over State Pension age and on a low income. The Department for Work and Pensions (DWP) recently launched a Pension Credit action week to boost take-up of this vital benefit.

It is thought that up to 880,000 pensioners could be missing out on benefits worth on average up to £3,900 per year. A valid claim for Pension Credit will also entitle eligible pensioners to secure this year’s Winter Fuel Payment. This follows the Chancellor’s recent announcement that the Winter Fuel Payment will be means tested.

Pensioners whose weekly income is below £218.15 for a single person or £332.95 for a couple should check to see if they are eligible. If your income is higher, you might still be eligible for Pension Credit if you have a disability, you care for someone, you have savings or you have housing costs. Not all benefits are counted as income.

The DWP have also joined forces with charities, broadcasters and a range of partners to encourage pensioners to check if they are eligible for Pension Credits. The DWP is also asking families, friends and neighbours of elderly people to assist if required.

Pensioners must apply by 21 December 2024 in order to make a backdated claim for Pension Credit and be eligible for the Winter Fuel Payment. Details of how to make an application for Pension Credit can be found on GOV.UK at https://www.gov.uk/pension-credit/how-to-claim.

Two October self-assessment deadlines

The deadline for submitting paper self-assessment tax returns for the 2023-24 tax year is 31 October 2024. Late submission of a self-assessment return will generate a £100 late filing penalty. The penalty usually applies even if there is no liability or if any tax due is paid in full by 31 January 2025.

Daily penalties of £10 per day will also take effect if the tax return is still outstanding three months after the filing date up to a maximum of £900. Additional higher penalties will be incurred if the return remains outstanding after six and twelve months.

We would recommend that anyone still submitting paper tax returns consider the benefits of submitting the returns electronically. This would allow for an additional three months until 31 January 2025 in which to submit a return.

In addition, you must inform HMRC by 5 October 2024 if you need to complete a tax return for the 2023-24 tax year and have not done so before. Failure to do so could result in a fine.

Not so Trivial Tax Benefits

There is a trivial benefit-in-kind (BiK) exemption for small, non-cash employee benefits. This exemption applies to BiKs classified as 'trivial,' helping employers simplify the handling of these benefits while offering a tax-efficient way to give small gifts to staff.

However, the "trivial" benefit rules actually present an excellent opportunity for employers to provide small rewards and incentives. The key condition is that the gifts must not be a reward for services performed or part of the employee’s duties. Gifts for personal milestones, such as the birth of a child or a marriage, as well as other goodwill gestures, usually qualify.

Employers benefit as these trivial BiKs do not need to be included in PAYE settlement agreements or reported on P11D forms. Additionally, they are exempt from Class 1A National Insurance contributions.

To qualify for the tax exemption, trivial BiKs must:

  • Not be cash or a cash voucher;
  • Cost £50 or less;
  • Not be part of a salary sacrifice or other contractual arrangement;
  • Not be given in recognition of services performed by the employee or in anticipation of such services.

For directors or office-holders of close companies and their families, there is an annual cap of £300. Each gift must still adhere to the £50 limit, but this allows up to £300 of non-cash benefits per person each year. This cap does not apply to employees. If the £50 limit is exceeded for any gift, the entire value becomes taxable.

Is there a partnership in place?

A partnership is a reasonably straightforward way for two or more legal persons to establish and operate a business with the intent to make a profit. Partnerships can take various forms, and legal entities other than individuals can also be partners.

There are two main types of partnerships: the traditional partnership, involving two or more partners, and the more complex limited liability partnership (LLP), which offers the benefit of limited liability, similar to that of a company.

HMRC’s guidance clarifies that a partnership can exist without a written agreement, with a later written agreement simply formalising an existing oral agreement. In such cases, the partnership's formation date is when the terms of the oral agreement were first implemented. However, if a written agreement establishes a new partnership, where none previously existed, it is only effective from the date it is executed and implemented, with no retrospective effect.

HMRC's internal guidance for determining the existence of a partnership advises its officers that… it is important that you establish all of the facts to determine the true relationship between the parties. This will include finding out what the intentions of the parties were. No single factor is likely to be conclusive on its own. You will need to form an overall view, based on all the facts and evidence.

Trade Mark protection

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.