2010 Budget changes                                                                     New time limits for
assessments and claims
                                                                                        The normal time limits for
Changes affecting the CT600                                                             Corporation Tax are decreasing from
                                                                                        six years to four years from the end
Company Tax Return form                                                                 of the accounting period. There is
                                                                                        now a new normal four-year time
                                                                                        limit for assessments and claims, from
                                                                                        1 April 2010, for Capital Gains Tax,
Announcements in the March 2010 Budget mean that we will be updating
                                                                                        Corporation Tax, Income Tax, PAYE
the CT600 Guide Company tax return form guide. The main CT600 Company
                                                                                        and VAT.
Tax Return form does not need to be updated on this occasion, but you should
bear in mind that generally you cannot make a claim under any new proposal              For more information go to
                                                                                        www.hmrc.gov.uk/about/
until the Finance Bill receives Royal Assent and becomes law. We will update
                                                                                        new-compliance-checks.htm
CT Online services as quickly as possible.
This Budget Insert tells you about some of the main changes affecting
Corporation Tax. For further details about Budget measures, the up to date              New failure to notify penalty
position and the availability of forms go to www.hmrc.gov.uk                            HMRC is introducing the failure
                                                                                        to notify penalty across most taxes
                                                                                        when people fail tell us about
                                                                                        a relevant obligation, at the
Rates of Corporation Tax                                                                correct time. The new penalty
For the financial year 2010 starting on 1 April 2010 the main and small companies       will apply from 1 April 2010 to
rates of Corporation Tax remain the same as they were in 2009. You can use the rates    a company that has not received
announced in the Budget before Royal Assent.                                            a notice to file a company tax return
Rates, limits and fractions for financial years starting 1 April                        and has not told HMRC that they
                                                                                        are chargeable to tax within
                                             2009                  2010
                                                                                        12 months from the end of their
Main rate                                   28%                    28%                  accounting period.
Main rate on ring fence profits*            30%                    30%                  For more information go to
Small profits rate                          21%                    21%                  www.hmrc.gov.uk/about/
Small profit rate on ring fence profits     19%                    19%                  new-penalties/index.htm
Lower limit                                 £300,000               £300,000
Upper limit                                 £1,500,000             £1,500,000           Publishing details
Marginal relief standard fraction           7/400                  7/400                of deliberate defaulters
                                                                                        From 1 April 2010 under strictly
Marginal relief ring fence fraction         11/400                 11/400
                                                                                        controlled circumstances, HMRC
Rate for unit trusts and                                                                can publish the details of people who
open ended investment companies              20%                   20%                  are penalised for deliberately evading
*Ring fence profits mean the income and gains from oil extraction activities            at least £25,000 of tax, if they do not
or oil rights in the UK and UK continental shelf.                                       fully cooperate with our investigation.
                                                                                        For more information go to
                                                                                        www.hmrc.gov.uk/about/
                                                                                        tax-defaulters-q-a.htm
Charitable donations relief
It was announced in the Budget that charitable donations relief will be extended
to qualifying donations made to certain organisations established in the European
Union (EU), in Norway or in Iceland. Relief will be available for donations made from
1 April 2010. You will need to show in your tax computations separate totals for
qualifying donations to charities established in the UK, and to those established
in the EU, Norway or Iceland. A new definition of an organisation eligible for UK
charity tax reliefs, applies as from 1 April 2010 and charities will be able
to apply to HMRC to confirm that they are eligible. Further guidance is available
at www.hmrc.gov.uk/businesses/giving/index.htm
CT600 Budget Insert (March 2010)                              Page 1                                                HMRC 03/10
Annual investment allowance                                                                 Example 1
It was announced in the Budget that the maximum allowance for annual investment             A company with a calendar year
allowance (AIA) is being increased to £100,000 for expenditure incurred on or after         chargeable period from 1 January 2010
1 April 2010. The maximum allowance is proportionately reduced if the accounting            to 31 December 2010 would calculate
period is less than a year.                                                                 its maximum AIA entitlement based on:
                                                                                            (a) the proportion of a year from
However, for companies whose chargeable period spans 1 April 2010, transitional
                                                                                                1 January 2010 to 31 March 2010,
rules apply. The rules provide that the maximum allowance is the sum of each
                                                                                                that is, 3/12 x £50,000 = £12,500, and
maximum allowance that would be found if the actual chargeable period were split
                                                                                            (b) the proportion of a year from
into two chargeable periods. The first beginning with the first day of the chargeable
                                                                                                1 April 2010 to 31 December 2010,
period and ending with the day before the relevant date. The second beginning
                                                                                                that is, 9/12 x £100,000 = £75,000.
on the relevant date and ending with the last day of the chargeable period.
                                                                                            The company’s maximum AIA for this
So where a business has a chargeable period that spans the relevant date of the increase,
                                                                                            transitional chargeable period would
the maximum allowance for that business’s transitional chargeable period is the sum of:
                                                                                            therefore be the total of (a) + (b):
(a) the maximum AIA entitlement, based on the previous £50,000 annual cap for
                                                                                            £12,500 + £75,000 = £87,500.
    the portion of a year falling before the relevant operative date, and
(b) the maximum AIA entitlement, based on the new £100,000 cap for the portion
    of a year falling on or after the relevant date.                                        Example 2
Please see Example 1 aside.                                                                 A company with a calendar year
                                                                                            chargeable period would have
However, the rules also effectively provide that in the part of the chargeable period
                                                                                            a maximum entitlement under
falling before 1 April 2010, only a maximum of £50,000 of the company’s expenditure
                                                                                            the main transitional rule (4)
would be covered (in other words the previous AIA limit would apply). Returning
                                                                                            of £87,500, but if the company
to Example 1 aside, this rule does not affect the business’s maximum AIA for the
                                                                                            spent, say, £70,000 in February 2010
chargeable period as a whole (which is £87,500), simply the amount of expenditure
                                                                                            and incurred no other qualifying
before the relevant start date that may be covered. Please see Example 2 aside.
                                                                                            expenditure for the remainder of
We will update our systems to accommodate the new maximum allowance                         the year, the maximum AIA available
as soon as possible, but until we do so, you will not be able to send in your               to that company would be £50,000.
company tax return online if you are taking advantage of the new maximum.
Tax law rewrite
The Corporation Tax Act 2009 (CTA 2009) took effect for accounting periods ending
on or after 1 April 2009 and the Corporation Tax Act 2010 (CTA 2010) will take effect
for accounting periods ending on or after 1 April 2010. The two acts will eventually
require amendments to the CT600 Company Tax Return form (including changes
to the statutory references) but we have not made those changes yet. So please
continue to complete the form as if there were no amalgamation of UK and foreign
source income and, where relevant, as if the statutory references were to the
corresponding provisions of CTA 2009 and CTA 2010. More guidance will be given
in the CT600 Guide. The table below tells you where you can find the statutory
references for supplementary pages CT600A, CT600C, CT600H and CT600I.
Tax law rewrite – supplementary pages
Supplementary
page                   Brief description      Statutory references
CT600A                 Loans                  Paragraphs 1, 2(4) and 8(1)
                       to participators       of Schedule 18 to the Finance Act 1998
                                              Chapter 3 of Part 10 of CTA 2010
CT600C                 Group                  Group relief – Part VIII of Schedule 18
                       and consortium         to the Finance Act 1998
                                              Part 5 of CTA 2010
CT600H                 Cross-border           Paragraph 3(5) of Schedule 18
                       royalties              to the Finance Act 1998
                                              Sections 911, 912, 914 and 915
                                              of the Income Tax Act 2007
CT600I                 Supplementary          Paragraphs 1 and 8(1) of Schedule 18
                       charge                 to the Finance Act 1998
                                              Chapter 5 of Part 8 of CTA 2010
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