ISSUE 21 - April to July 2003

1. A QUICK OVERVIEW OF THE MAJOR POINTS IN THIS YEARS BUDGET

2. YOUR EMPLOYEES, EMAILS AND THE INTERNET

3.FEE PROTECTION AGAINST INLAND REVENUE INVESTIGATIONS

4. NEW TAX CREDITS

1.   A QUICK OVERVIEW OF THE MAJOR POINTS IN THIS YEARS BUDGET…

Thankfully for UK tax payers there were no major surprises announced by Gordon Brown in this year’s Budget.

As announced last year, income tax rates and main allowances are frozen, and NIC rates have been increased by 1% for employees, employers and self-employed. 

The budget sees the introduction of Working Tax Credit and Child Tax Credit from 6th April 2003, and new Pension Credit from October.

There have been no significant changes to either inheritance tax or to pension schemes.

In their bid to become more family and child friendly, a welcome new introduction by the Government is the Child Trust Fund - where the Government will give £250 to every child at birth, to spend at the age of 18.

There have been small increases in 10% and 22% income tax bands.  Consult the tax tables in your budget summaries for details.

2. YOUR EMPLOYEES, EMAILS AND THE INTERNET

The Problem...

Many businesses now send and receive correspondence and other documentation by e-mail and have access to the internet. Indeed, the majority of such businesses will have computer terminals for many of their employees. Such access to this method of electronic data transmission can cause potential problems through its possible abuse by employees.

The problems that can follow the misuse of e-mail and the internet are many, including the loss of productivity, disclosure of sensitive business information, the potential inflow of viruses, the receipt of “spam”, i.e. unsolicited e-mails received from internet sites visited by employees, and the sending and receiving of indecent or defamatory e-mails.

The Solution...

The solution to the misuse of e-mails and/or the internet lies in either preventing access to these systems or limiting their misuse if access is necessary during the employee’s normal course of work.

This seems like a simple solution, but this is not necessarily so. Legally an employer can stipulate that an employee must not use personal e-mails or use the internet for personal purposes but the detection of such misuse is often difficult, especially in larger businesses. Alternatively, passwords can be used to prevent access although these will usually prevent total access, which will mean that an employee cannot obtain access to carry out his or her daily work.

The above solutions are regarded by some as being  somewhat  draconian  and indeed, when the employee is not working, e.g. if he or she arrives early for work or during a lunch break, it might be conducive to improve working relationships and to allow employees the use of the systems. Obviously the amount of such out of work use will depend on who is paying the telephone bills and internet access subscriptions. A large number of firms use systems which demand a monthly flat fee no matter what usage is made of the system and so out of work access will cost the business no more. If, however, your business is paying for the telephone call according to the length of time the employee is on-line, this can prove expensive.

Monitoring The Use Of The System...

This is a difficult area and one which employers must be careful in implementing. The key area concerns the difference between monitoring and interception. An employer is allowed to monitor the system by, for example, looking through and reading a list of sent or received e-mails. However, this is very different from interception, which involves intercepting an e-mail during the course of its transmission as opposed to reading a stored version of the e-mail. Interception, in most cases, is prohibited by law, although there are exceptions to this rule. 

Our Advice:  

Make sure that all employees are aware of your business’s policy regarding the use of e-mails and the internet.

Consider having this policy in writing either within an employee’s contract of employment or for the employee to sign a policy statement as evidence that they are aware of, and accept it.

Employees should be made aware that e-mail is as legally binding as any other form of document and that laws relating to defamation and racial and sex discrimination apply to e-mails too.

Perhaps set up personal e-mail addresses for each employee so that the businesses main e-mail addresses is not deluged by spam e-mails.

3. FEE PROTECTION AGAINST INLAND REVENUE INVESTIGATIONS

The 1st June will soon be upon us and we would like to remind our clients to return the application forms for the renewal of the fee protection insurance to us as soon as possible. Any full investigation into your returns and / or accounts can prove to be a costly exercise, both in time and money, even if everything is found to be in order. 

By taking out this relatively low cost insurance you are ensuring that you will not have to  pay  out  any  additional fees to  us for the work carried out on your behalf during the investigation.

The areas covered are as follows;

Income Tax Self Assessment Full Enquiries

Corporation Tax Self Assessment Full Enquiries

PAYE, NIC and benefit investigations

VAT Disputes

IR35 Disputes

The costs involved for businesses are £100 per annum (including insurance premium tax), and £25 per annum for private individuals.  

For full details of cover, please contact us.

4. NEW TAX CREDITS

If you are eligible for the new Child Tax Credit or Working Tax Credit, it is your responsibility to make sure that you apply for it.  You do not automatically receive it even if

you previously received a tax credit under the old system.  If you are not sure if you qualify for either of these, please contact us, because as the adverts say if you are entitled to it then “it’s money with your name on”. 

 

There have been several reports claiming that the Inland Revenue’s tax credits help line has been incredibly hard to get through to, but the credits can only be back dated for up to 3 months, so if you put off contacting them, you may well miss out, so please do either ask us or continue trying.

 

For more information visit www.taxcredits.inlandrevenue.gov.uk