blake lapthorn green breakfast with gerry jackson from critchleys llp - 18 may 2011

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q~ñ áåÅÉåíáîÉë Ñçê ÄÉáåÖ ÖêÉÉå dÉêêó g~Åâëçå aáêÉÅíçê çÑ dÉêêó g~Åâëçå iíÇ Critchleys is a trading name of Critchleys LLP © Critchleys 2011 Content is for information only. No action should be taken without seeking professional advice.

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Blake Lapthorn were pleased to welcome Gerry Jackson, head of Tax, Critchleys LLP to its green breakfast in Oxford on 18 May.

TRANSCRIPT

Page 1: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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dÉêêó=g~ÅâëçåaáêÉÅíçê=çÑ=dÉêêó=g~Åâëçå=iíÇ

Critchleys is a trading name of Critchleys LLP

© Critchleys 2011 Content is for information only. No action should be taken without seeking professional advice.

Page 2: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

tÜ~íÛë=íÜÉ=í~ñ=ëóëíÉã=Ñçê\

Raising money•

But also social engineering

Page 3: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011
Page 4: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Page 5: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Cake or biscuit?

Page 6: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Clothing is standard rated•

VAT at 20%

Except children’s clothing•

VAT at 0%

Unless made of skin•

VAT at 20%

Unless the skin is goat skin•

VAT at 0%

Unless the goat is Mongolian or Tibetan•

VAT at 20%

Page 7: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Tax policy is used to modify behaviour•

We’d expect tax reliefs to encourage desirable behaviour–

And penalise bad behaviour

Going green is desirable•

So the tax system should encourage going green

Page 8: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Well, there is some incentive to be green•

But it’s not always that simple!

A lack of coherent policy

Page 9: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Page 10: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011
Page 11: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Constantly rising•

Encouraging fuel efficiency

Or other fuels–

Including electricity

Is that actual policy?

Page 12: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Linked to emissions

Page 13: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011
Page 14: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Page 15: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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dÉí=í~ñ=êÉäáÉÑ=Ñçê=ÄìóáåÖ= ÉèìáéãÉåí=Ñçê=óçìê=ÄìëáåÉëë

Page 16: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Business spends money on equipment•

Annual Investment Allowance–

Currently £100k, but going down to £25k

What’s left depreciated for tax at 20% pa (18%)•

“reducing balance basis”

Or 10% if it’s an “integral feature”

(8%)

Can take a long time to claim it all back

Page 17: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

péÉÅá~ä=~ääçï~åÅÉë=Ñçê=ÉåÉêÖóJ ë~îáåÖ=íÉÅÜåçäçÖó•

Can write all of the costs off in one go!

Enhanced Capital Allowances (or ECA)•

Incentive for businesses to buy this technology

Page 18: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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combined heat and power;•

lighting;

pipework

insulation;•

boilers;

motors and drives;•

refrigeration;

heat pumps;

Page 19: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

radiant and warm air heaters;•

compressed air equipment; and

solar thermal systems•

automatic monitoring and targeting equipment.

air to air energy recovery equipment;•

compact heat exchangers;

heating, ventilation and air conditioning equipment •

uninterruptible power supplies

Page 20: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Second-hand equipment doesn’t qualify–

No incentive to recycle!

Page 21: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

In theory, go to www.eca.gov.uk/

It should tell you what specific things qualify

Page 22: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Wind turbines•

Solar photovoltaic cells

Small hydroelectric projects

Page 23: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

The ECA scheme supports technologies that save energy including those that take energy from external, natural energy sinks (e.g. solar radiation, ground heat) and convert it into useful heat. Technologies that generate energy such as PV do not directly save energy per unit of work but instead displace the consumption of fossil fuels so as to reduce CO2

emissions (i.e. the same goal is achieved through slightly different means) are not covered by the ECA scheme. That means PV is not covered by this government policy instrument. It is covered by other policy instruments such as the renewable obligation and

central or local

government grant schemes. That means a good level of government support for PV exists without the use of the ECA scheme.

Page 24: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Page 25: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

péÉÅá~ä=é~óãÉåíë=Ñçê= êÉåÉï~ÄäÉ=ÉåÉêÖó=ÖÉåÉê~íáçå•

Solar

Small wind•

Small hydro

Anaerobic digestion

Page 26: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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No tax relief for any equipment costs•

Tax-free saving of domestic costs

Tax-free sale of surplus electricity–

Subject to scale

No liability to income tax arises in respect of income arising to an individual from the sale of electricity generated by a microgeneration

system if—•

(a)

the system is installed at or near domestic premises occupied by the individual, and•

(b)

the individual intends that the amount of electricity generated

by it will not significantly exceed the amount of electricity consumed in those

premises.

Page 27: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Capital allowances on equipment–

But write-off could be over 30+ years

Feed-in tariffs are fully taxable

Page 28: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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... may be better for the public than for businesses

Page 29: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Page 30: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Most of the cost of a building doesn’t qualify for tax relief–

Except the equipment as part of building

Which often isn’t very much

Page 31: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Add insulation to a building•

Qualifies as equipment

But only if added afterwards!

Page 32: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Page 33: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Special tax relief for cleaning up contaminated land

Page 34: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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A bit like Research & Development tax credits•

`çãé~åó

spends money on cleaning up

contaminated land•

For every £1 spent, the company can deduct £1.50 in working out its taxable profits

Can claim a tax rebate at 16% of any loss created this way

Page 35: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Company must have bought the site in a contaminated (or derelict) state–

Don’t get it for cleaning up your own mess

Costs must be employee costs or materials•

Restrictions on what counts as contaminated

Page 36: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Page 37: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Government policy not always joined up•

Not always fully thought out

Maybe sometimes more about being seen to try?•

But at least there are attempts

Page 38: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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eçï=qç=pÉí=ré=~=jáÅêç= dÉåÉê~íáçå=mêçàÉÅí=

Critchleys is a trading name of Critchleys LLP

© Critchleys 2011 Content is for information only. No action should be taken without seeking professional advice.

Page 39: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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All about behaviour modification•

Government wants us to set up more businesses

Wants the rest of us to fund them•

But we don’t want to risk losing our money

So they give tax breaks

Page 40: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Investors put money into unquoted trading companies–

Have to buy new ordinary shares

Can’t be any special protection–

In other words, got to take risks

Restrictions on what companies qualify

Page 41: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Investor can claim back 30% Income Tax•

Any gains after 3 years are CGT free

Investor can roll over capital gains from somewhere else

Inheritance Tax exemption after 2 years

Page 42: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Income Tax relief:

30%•

CGT rolled over, up to

28%

Inheritance Tax saved

40%

Page 43: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Community projects can lend themselves well to EIS

Get lots of local people to invest•

If it’s set up right, they get EIS

Page 44: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Minimum investment £500 per investor–

But they get back £150 tax

Can get dividends if it’s successful

Shares can’t be redeemable–

May be possible to set up a market in them

Page 45: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011
Page 46: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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Companies won’t qualify for EIS if they depend on Feed In Tariffs

Unless generating by 6 April 2012

Page 47: Blake Lapthorn green breakfast with Gerry Jackson from Critchleys LLP - 18 May 2011

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