CHAPTER 7 CHANGE OF ACCOUNTING DATE

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Transcription:

CHAPTER 7 CHANGE OF ACCOUNTING DATE In this chapter you will cover the rules for calculating basis periods where a trader changes his chosen year end including: the 4-stage process; the year of change; the conditions for the change to be recognised by HMRC. 7.1 Introduction Special rules apply to calculate a trader's taxable profits when he changes his accounting date. These special rules apply for unincorporated businesses only ie they apply for sole traders and partnerships, but they do not apply for companies. A trader will change his accounting date when he draws up accounts for a period which is not 12 months long. In this case, the current year basis cannot apply in the usual way, so special rules are required to determine the taxable trading profits. The change of accounting date rules will not apply in the year the trader commences or the year in which the trade ceases in these instances, the opening and closing year rules will apply. Finally, when considering the change of accounting date rules, remember two basic principles: 1. The basis period will never be less than 12 months long; and 2. HMRC will always tax all profits there will never be a period when profits are earned but are not taxed. 7.2 The 4-Stage Process To calculate trading profits on a change of accounting date, we follow a 4-stage process as outlined below: 1. Identify the year of change. 2. Calculate taxable profits for all tax years either side of the year of change: Before the change tax 12 months of profits up to the old accounts date. After the change tax 12 months of profits up to the new accounts date. 3. Identify the gap period the gap here is the period of profits which have not thus far been taxed. Reed Elsevier UK Ltd 2015 69 FA 2015

4. Tax the profits in the gap : If the gap exceeds 12 months, reduce the profits by using up an appropriate amount of overlap relief. If the gap is less than 12 months, tax an appropriate amount of profits from the previous period to make the gap up to 12 months. This will create additional overlap relief. On a change of accounting date, you will either be using overlap relief or creating additional overlap relief. If you follow this process, you should always get the correct taxable profits in the correct tax years. 7.3 The Year of Change The year of change is the earlier of: ITTOIA 2005, 214 i. the first tax year in which accounts are not drawn to the old date; or ii. the first tax year in which accounts are drawn to the new date. Illustration 1 Assume a trader prepares accounts to 30 April 2014. In the next accounting period he changes his accounting date to 31 March 2015. Show the year of change. i. Using the old date, the first time accounts are not drawn up to 30 April is the period to 30 April 2015. That falls into 2015/16. ii. The first time accounts are drawn up to the new date is 31 March 2015. That falls into 2014/15. The earlier of the two years is 2014/15 and this year is therefore the year of change. Example 1 A trader prepares accounts to 31 December 2014. In the next accounting period, he changes his accounting date by drawing accounts for the 18 months to 30 June 2016. Determine the year of change. Reed Elsevier UK Ltd 2015 70 FA 2015

7.4 Practice Examples Illustration 2 John, a sole trader, has a 30 September year-end. Profits are as follows: y/e 30.9.13 120,000 y/e 30.9.14 240,000 John changes his accounting date to 31 January 2015 by drawing up a set of accounts for 4 months. 4 m/e 31.1.15 80,000 y/e 31.1.16 300,000 John has 6 months of overlap profits brought forward totalling 90,000. Calculate John's assessable profits for all years by following the 4-stage process. 1. Identify the year of change Using the old date, the first year accounts are not made up to 30 September is the period to 30 September 2015. This falls into the tax year 2015/16. The first time accounts are drawn to the new date of 31 January is for the period ended 31 January 2015. This falls in the tax year 2014/15. The earlier of the two years is 2014/15, therefore this is the year of change. 2. Calculate profits either side of the year of change. 2013/14 12 m/e 30.9.13 (12 months up to the old date) 120,000 2014/15 Year of change 2015/16 12 m/e 31.1.16 (12 months up to the new date) 300,000 3. Identify the gap period. Y/e 30.9.13 Y/e 30.9.14 4 m/e 31.1.15 Y/e 31.1.16 2013/14 2015/16 GAP The period of profits which has so far not been taxed is 16 months from 1 October 2013 to 31 January 2015. Profits in this 16-month period are (240,000 + 80,000) = 320,000. 4. Tax the profits in the gap Reed Elsevier UK Ltd 2015 71 FA 2015

As the gap is more than 12 months, we tax all profits then reduce down to 12 months by using up 4 months of the overlap profits: Year of change 2014/15: 1 October 2013 31 January 2015 (16 months) (240,000 + 320,000 80,000) Less: Overlap profits relieved (4 months) (4/6 x 90,000) (60,000) Trading Income (12 months) 260,000 Overlap profits: B/f (6 months) 90,000 Relieved in 2014/15 (4 months) (60,000) C/f (2 months) 30,000 Summary of profits: 2013/14 12 m/e 30.9.13 120,000 2014/15 Year of change (1.10.13 31.1.15) 260,000 2015/16 12 m/e 31.1.16 300,000 Note here that John has moved his accounts date 4 months closer to 5 April (ie, from 30 September to 31 January). HMRC will therefore give him relief for 4 months of his overlap profits. Illustration 3 Andy, a sole trader, has a year end of 31 December. Profits are as follows: y/e 31.12.12 40,000 y/e 31.12.13 48,000 Andy changes his accounting date to 30 June. Profits are as follows: 6 m/e 30.6.14 30,000 y/e 30.6.15 70,000 Andy has overlap profits brought forward of 5,000, representing 3 months. Calculate Andy s assessable profits for 2013/14, 2014/15 and 2015/16 showing revised overlap profits. We will calculate Andy's profits for all years by following the 4-stage process. 1. Identify the year of change Using the old date, the first year accounts are not made up to 31 December is the period to 31 December 2014. This falls into the tax year 2014/15. The first time accounts are drawn to the new date of 30 June is for the period ended 30 June 2014. This again falls in the tax year 2014/15. 2014/15 is therefore the year of change. Reed Elsevier UK Ltd 2015 72 FA 2015

2. Calculate profits either side of the year of change. 2013/14 12 m/e 31.12.13 (12 months up to the old date) 48,000 2014/15 Year of change 2015/16 12 m/e 30.6.15 (12 months up to the new date) 70,000 3. Identify the gap period. Y/e 31.12.13 6 m/e 30.6.14 Y/e 30.6.15 2013/14 2015/16 GAP The period of profits which has so far not been taxed is 6 months from 1 January 2014 to 30 June 2014. Profits in this 6-month period are 30,000. 4. Tax the profits in the gap As the gap is less than 12 months, we tax all profits then increase this to 12 months by taxing an appropriate amount of profits from the preceding period: Year of change 2014/15: 1.1.14 30.6.14 (6 months) 30,000 Add: Another 6 months from previous period 1.7.13 31.12.13 (6/12 48,000) 24,000 Trading Income (12 months) 54,000 Overlap profits: B/f (3 months) 5,000 Add: Created on change of accounts date (6 months) 24,000 C/f (9 months) 29,000 Summary of profits: 2013/14 12 m/e 31.12.13 48,000 2014/15 Year of change (1.7.13 30.6.14) 54,000 2015/16 12 m/e 30.6.15 70,000 Note here that Andy has moved his accounts date 6 months further away from 5 April (ie from 31 December to 30 June). HMRC will therefore double-tax Andy on 6 months of profits thereby creating another 6 months of overlap relief. Illustration 4 Sanjay, a sole trader, has a year-end of 31 December. He changed his accounts date by drawing accounts for the 15 months to 31 March 2016. Profits are as follows: y/e 31.12.14 100,000 15 m/e 31.3.16 150,000 y/e 31.3.17 130,000 Reed Elsevier UK Ltd 2015 73 FA 2015

Sanjay has overlap profits brought forward of 30,000, representing 3 months. Calculate Sanjay's assessable profits for 2014/15, 2015/16 and 2016/17 as well as the revised overlap profits. We will calculate Sanjay's profits for all years by following the 4-stage process. 1. Identify the year of change Using the old date, the first year accounts are not made up to 31 December is the period to 31 December 2015. This falls into the tax year 2015/16. The first time accounts are drawn to the new date of 31 March is for the period ended 31 March 2016. This again falls in the tax year 2015/16. 2015/16 is therefore the year of change. 2. Calculate profits either side of the year of change 2014/15 12 m/e 31.12.14 (12 months up to the old date) 100,000 2015/16 Year of change 2016/17 12 m/e 31.3.17 (12 months up to the new date) 130,000 3. Identify the gap period Y/e 31.12.14 15 m/e 31.3.16 Y/e 31.3.17 2014/15 2016/17 GAP The period of profits which has so far not been taxed is 15 months from 1 January 2015 to 31 March 2016. Profits in this 15-month period are 150,000. 4. Tax the profits in the gap As the gap is more than 12 months, we tax all profits then reduce down to 12 months by using up 3 months of the overlap profits: Year of change 2015/16: 1.1.15 31.3.16 (15 months) 150,000 Less: overlap profits relieved (3 months) (3/3 x 30,000) (30,000) Trading Income (12 months) 120,000 Overlap profits: B/f (3 months) 30,000 Relieved in 2015/16 (3 months) (30,000) C/f Nil Reed Elsevier UK Ltd 2015 74 FA 2015

Summary of profits: 2014/15 12 m/e 31.12.14 100,000 2015/16 Year of change (1.1.15 31.3.16) 120,000 2016/17 12 m/e 31.3.17 130,000 Note here that Sanjay has moved his accounts date 3 months closer to 5 April (ie from 31 December to 31 March). HMRC will therefore give him relief for 3 months of his overlap profits. As Sanjay now has a 31 March year end, he will have no overlap profits available to use. Illustration 5 Douglas draws accounts for the year to 31 December 2014. He then changes his accounts date by drawing a set of accounts for the 17 months to 31 May 2016. His profits are as follows: y/e 31.12.14 60,000 17 m/e 31.5.16 102,000 y/e 31.5.17 85,000 Douglas has overlap profits brought forward of 24,000, representing 3 months. Calculate Douglas' assessable profits for 2014/15, 2015/16, 2016/17 and 2017/18 showing revised overlap profits. We will calculate Douglas's profits for all years by following the 4-stage process. 1. Identify the year of change Using the old date, the first year accounts are not made up to 31 December is the period to 31 December 2015. This falls into the tax year 2015/16. The first time accounts are drawn to the new date of 31 May is for the period ended 31 May 2016. This falls into the tax year 2016/17. The earlier of the years is 2015/16, so 2015/16 is therefore the year of change. 2. Calculate profits either side of the year of change 2014/15 12 m/e 31.12.14 (12 months up to the old date) 60,000 2015/16 Year of change 2016/17 12 m/e 31.5.16 (12 months up to the new date) (12/17 x 102,000) 72,000 2017/18 12 m/e 31.5.17 (12 months up to the new date) 85,000 3. Identify the gap period. Y/e 31.12.14 1.6.15 17 m/e 31.5.16 Y/e 31.5.17 2014/15 GAP 2016/17 2017/18 Reed Elsevier UK Ltd 2015 75 FA 2015

The period of profits which has so far not been taxed is 5 months from 1 January 2015 to 31 May 2015. Profits in this 5-month period are 5/17 102,000 = 30,000. 4. Tax the profits in the gap As the gap is less than 12 months, we tax all profits then increase this to 12 months by taxing an appropriate amount of profits from the preceding period: Year of change 2015/16: 1.1.15 31.5.15 (5 months) 30,000 Add: Another 7 months from previous period 1.6.14 31.12.14 (7/12 x 60,000) 35,000 Trading Income (12 months) 65,000 Overlap profits: B/f (3 months) 24,000 Add: Created on change of accounts date (7 months) 35,000 C/f (10 months) 59,000 Summary of profits: 2014/15 12 m/e 31.12.14 60,000 2015/16 Year of change (1.6.14 31.5.15) 65,000 2016/17 12 m/e 31.5.16 72,000 2017/18 12 m/e 31.5.17 85,000 Note here that Douglas has moved his accounts date 7 months further away from 5 April (ie from 31 December to 31 May). HMRC will therefore double-tax Douglas on 7 months of profits thereby creating another 7 months of overlap relief. 7.5 Conditions for a Valid Change of Accounting Date The rules in this chapter will only apply where: ITTOIA 2005 s.217 1. the accounting period of change does not exceed 18 months; and 2. the taxpayer informs HMRC of the change by 31 January following the tax year of change; and 3. there has been no other change in the previous 5 tax years or the current change of date is for a bona fide commercial reason. If a business changes its accounting date and breaches one of these conditions, HMRC will not recognise the change. For example, if a business changes its accounting date and the accounting period of change was 19 months, HMRC will require a computation up to the old 12 month date they will not recognise the new date. Consequently a trader must satisfy all conditions before he can apply the above rules. Example 2 George prepares accounts to 31 July every year. George decides to change his accounting date to 31 December. He has 8 months overlap profits brought forward of 32,000. Reed Elsevier UK Ltd 2015 76 FA 2015

George's profits were as follows: Year to 31 July 2013 80,000 Year to 31 July 2014 90,000 Five months to 31 December 2014 60,000 Year to 31 December 2015 100,000 Calculate the assessable profits for 2013/14, 2014/15 and 2015/16 showing the overlap relief carried forward. Example 3 Ted prepares accounts to 31 August every year. He decides to change his accounting date to 30 June. He has overlap profits brought forward of 14,000 which represents 7 months. Ted's profits were as follows: Year to 31 August 2014 36,000 10 months to 30 June 2015 38,000 Year to 30 June 2016 42,000 Calculate the assessable profits for 2014/15, 2015/16 and 2016/17 together with the overlap relief carried forward. Reed Elsevier UK Ltd 2015 77 FA 2015

ANSWERS Answer 1 Using the old date, the first time accounts are not drawn up to 31 December is the period to 31 December 2015. That falls into 2015/16. The first time accounts are drawn up to the new date is 30 June 2016. That falls into 2016/17. The year of change is the earlier tax year, the year of change is therefore 2015/16. Answer 2 1. Year of Change The old date was 31 July. Therefore George would have had accounts to the year ended 31 July 2015 had he not changed his accounting date. The year ended 31 July 2015 ends in the tax year 2015/16. His first new date is 31 December 2014. The period ended 31 December 2014 ends in the tax year 2014/15. The earlier of these two years is 2014/15. Therefore 2014/15 is the year of change. 2. Calculate profits either side of the year of change 2013/14 12 m/e 31.7.13 (12 months up to the old date) 80,000 2014/15 Year of change 2015/16 12 m/e 31.12.15 (12 months up to the new date) 100,000 3. Identify the gap period Y/e 31.7.13 Y/e 31.7.14 5 m/e 31.12.14 Y/e 31.12.15 2013/14 2015/16 GAP The period of profits which has so far not been taxed is 17 months from 1 August 2013 to 31 December 2014. Profits in this 17-month period are (90,000 + 60,000) = 150,000. Reed Elsevier UK Ltd 2015 79 FA 2015

4. Tax the profits in the gap As the gap is more than 12 months, we tax all profits then reduce down to 12 months by using up 5 months of the overlap profits: Year of change 2014/15: 1.8.13 31.12.14 (17 months) 150,000 Less: Overlap profits relieved (5 months) (5/8 x 32,000) (20,000) Trading Income (12 months) 130,000 Overlap profits: B/f (8 months) 32,000 Relieved in 2014/15 (5 months) (20,000) C/f (3 months) 12,000 Summary of profits: 2013/14 12 m/e 31.7.13 80,000 2014/15 Year of change (1.8.13 31.12.14) 130,000 2015/16 12 m/e 31.12.15 100,000 Answer 3 Year of change Using the old date, the first year accounts are not made up to 31 August is the period to 31 August 2015. This falls into the tax year 2015/16. The first time accounts are drawn to the new date of 30 June is for the period ended 30 June 2015. This again falls in the tax year 2015/16. 2015/16 is therefore the year of change. Calculate profits either side of the year of change 2014/15 12 m/e 31.8.14 (12 months up to the old date) 36,000 2015/16 Year of change 2016/17 12 m/e 30.6.16 (12 months up to the new date) 42,000 Identify the gap period Y/e 31.8.14 10 m/e 30.6.15 Y/e 30.6.16 2014/15 2016/17 GAP The period of profits which has so far not been taxed is 10 months from 1 September 2014 to 30 June 2015. Profits in this 10 month period are 38,000. Reed Elsevier UK Ltd 2015 80 FA 2015

Tax the profits in the gap As the gap is less than 12 months, we tax all profits then increase this to 12 months by taxing an appropriate amount of profits from the preceding period: Year of change 2015/16: 1.9.14 30.6.15 (10 months) 38,000 Add: Another 2 months from previous period 1.7.14 31.8.14 (2/12 x 36,000) 6,000 Trading Income (12 months) 44,000 Overlap profits: B/f (7 months) 14,000 Add: Created on change of accounts date (2 months) 6,000 C/f (9 months) 20,000 Summary of profits: 2014/15 12 m/e 31.8.14 36,000 2015/16 Year of change (1.7.14 30.6.15) 44,000 2016/17 12 m/e 30.6.16 42,000 Reed Elsevier UK Ltd 2015 81 FA 2015