In the return of our weekly miscellaneous updates, read the latest news and information bulletin from HMRC and a new digital service is to be launched from March 2025 for alcohol duty approval, returns, and payments for UK producers. HMRC is writing to some taxpayers to confirm that boiler upgrades may qualify as repairs and details of common errors made in corporate interest restriction returns have been published. The Government has also published a Written Ministerial Statement on the addition of an anti-abuse rule to the UK’s Pillar Two rules and HMRC has published its framework for co-operative compliance, a set of principles that both large businesses and HMRC should apply to the way they work. And finally, the regulations which provide for offset of tax under the off-payroll working rules came into effect from 6 April 2024.
Correction to treatment of boiler upgrades
We understand that in 2023, HMRC sent letters to wealthy taxpayers and their appointed agents which said that boiler upgrades were capital and not revenue in nature and did not constitute a repair.
In recent weeks HMRC has been contacting the same taxpayers to advise that this was not correct. Note that the original letter asked those who received it to check the property pages of their 2021/22 Self-Assessment return. The letter sets out that anyone who amended their return to treat a boiler upgrade as not being a repair should email responseteam5@hmrc.gov.uk if they believe they are entitled to claim more tax relief on such expenses as a result of this incorrect advice.
Pillar Two - addition of anti-abuse rule
Last month, the UK Government published a Written Ministerial Statement setting out details of the addition of an anti-abuse rule to the UK’s Pillar Two rules. This will be legislated for in a future Finance Bill but will apply from 14 March 2024 and not from 15 December 2022 as recommended by the OECD.
The addition of this anti-abuse rule is in response to Administrative Guidance published by the OECD in December 2023 which includes anti-avoidance rules where multinational enterprises sought to enter into certain transactions or arrangements with the intention of exploiting the Transitional Country by Country Reporting safe harbours for the Pillar Two regime.
Off-payroll working tax offset now possible
The Income Tax (Pay As You Earn) (Amendment) (No. 2) Regulations 2024 came into effect from 6 April 2024. These regulations allow HMRC to offset taxes already paid by a worker and their intermediary on income from engagements under the off-payroll working (IR35) rules against a subsequent PAYE liability of the deemed employer in respect of the same income.
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