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4 | Consultations

CONSULTATIONS

There were no tax changes and, as a result,

there was a push towards dealing with potential

alterations to the tax system via consultation.

ALLOWING ENTREPRENEURS’ RELIEF ON

GAINS MADE BEFORE DILUTION

It was announced that a consultation would be

launched in relation to a possible change to the

qualifying conditions for entrepreneurs’ relief.

In some cases, an individual may lose eligibility

for entrepreneurs’ relief when their company’s

fundraising efforts and strategy for growth result in

their shareholding becoming diluted below 5%. This

may act as a barrier to growth for some irms.

The proposals include a new process by which

individuals may remain entitled to entrepreneurs’

relief on gains on shares in, or securities of,

a company that relate to the time before the

individual’s shareholding became diluted.

The government proposes thismay be achieved through:

allowing individuals to elect to be treated as

having disposed of and reacquired their shares at

the then market value

allowing individuals to defer the taxation of this

gain until an actual disposal of the shares.

TAXATION OF SELF-FUNDED

WORK-RELATED TRAINING

One focus of the government is to create a more

skilled workforce, which has led to a consultation

on the extension of tax relief for self-funded training

by employees and the self-employed to support

improving their skills and retraining.

At present, tax relief for employees or the self-employed

who pay for their training can be highly restricted.

For example, a self-employed individual can

normally deduct the costs of training incurred

wholly and exclusively for their business where

it maintains or updates existing skills, but not

generally when it creates new skills.

This consultation is at an early stage and does not

specify how to extend the existing scope of tax

relief for self-funded, work-related training.

EXTENSION OF SECURITY

DEPOSIT LEGISLATION

At Autumn Budget 2017, the government announced

it would extend existing security deposit legislation

to include corporation tax and the construction

industry scheme (CIS) deductions from April 2019.

This consultation seeks to determine the most

effective means of introducing this change.

HMRC considers most businesses meet their tax

obligations and pay the right amount of tax at the

right time, but a small minority choose not to pay

the tax they owe or seek to unfairly reduce their tax

bill. HMRC already has the power to require high-risk

businesses to provide an upfront security deposit,

where it believes there is a serious risk of

non-payment of tax.

This approach may be taken by HMRC where a

signiicant amount of revenue, relative to the size of

the business, is at risk. For the rules to apply, there

must have been a failure to comply with return iling

and payments of tax, or alternatively may apply where

the personnel actively involved in the current business

failed to pay the taxes due in another business.