Musicians’ Union membersA Guide to Tax 2012

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Contents

Introduction 3

Basic tax information - to put you in the picture 3

What happens about your tax and National Insurance if you are employed 3

What happens about your tax and National Insurance if you are self-employed 3

Self Assessment and the current year basis 4

Simple record keeping 6

Accounts preparation work for tax purposes 6

Expenses 7

Capital allowances 9

What happens when you send in your tax return? 10

Appealing against the taxman’s figures 10

VAT 11

Theatre musicians 12

Domicile 13

Foreign tax credits 13

Incorporation 13

Partnerships 13

Tax credits 14

Save tax by investing your money 14

Personal financial advice scheme 14

Taking care of tax - some useful tips 14

Contact 15

Introduction

This tax guide for Musicians’ Union members has been prepared by HW Fisher & Company chartered accountants. Please note that this information is provided for guidance only and does not purport to give professional advice.

Basic tax information - to put you in the picture

The tax laws have recently undergone a major overhaul with large chunks of legislation being rewritten in, supposedly, more straightforward and understandable language. However, it is likely that some of the old terminology for different types of income will live on for a number of years. This booklet will concentrate on two types of income relevant to musicians.

The first type is earnings from employment or office, and was previously referred to as “Schedule E”.

The second type of income relevant to musicians is income of self-employed people, such as a freelance musician, referred to as ‘trading income’, and includes income from trades, professions and vocations. This type of income was previously known as “Schedule D” income.

The potential tax saving opportunities for musicians with earnings from employment are fewer than for musicians with trading income who are able to claim a wider range of expenses against their income and will generally pay any tax due twice a year through the Self Assessment system rather than having tax deducted at source by their employer. Naturally, HM Revenue and Customs (‘HMRC’ - formerly the Inland Revenue) is keen to categorise as many people as possible as employed rather than self-employed.

The exact rules to determine the position are defined in HMRC ESC (A75). This pamphlet can be obtained from HMRC offices or downloaded from http://www.hmrc.gov.uk/specialist/esc.pdf. Alternatively you should seek professional advice.

In exceptional circumstances some musicians who have been self-employed for many years may qualify for what is termed ‘Reserved Trading Income Status’ (previously known as ‘Reserved Schedule D Status’). They will continue to be taxed on income from theatrical work as self-employed so long as their tax affairs are kept up to date and there is no break in their self-employment.

What happens about your tax and National Insurance if you are employed

If you are employed, your employer is responsible for deducting Income Tax and National Insurance from your salary via the Pay As You Earn (‘PAYE’) system and then pays this over to HMRC on your behalf.

• The amount of Income Tax deducted from your salary is determined by using your PAYE Coding Notice. HMRC issues notices to each employer to adjust the level of tax paid for any benefits you may receive, higher rate tax due on other income you receive and any relief for deductions, such as making pension payments (see page 14)• Class 1 National Insurance will be deducted from your salary at a rate of 12% on income between the lower limit of £7,605 and the upper limit of £42,475 (from 6 April 2012). In addition 2% is payable on all salary above £42,475• You can also pay a lower rate of 10.6% National Insurance if you have opted out of the Additional State Pension, (previously the Second State Pension and SERPS) via a company pension. This will mean you will only receive a basic state pension when you retire• You may still be required to complete a tax return if your total taxable income is above the higher rate threshold and you have other income such as bank interest or dividends. Any additional tax due would be payable on the 31 January following the end of the tax year, e.g. 31 January 2013, for the year ended 5 April 2012, with the tax return due for filing by this date also• As an employee you can only claim expenses against your income that are wholly, exclusively and necessarily incurred in the duties of employment and HMRC are very strict on what expenditure qualifies • It has been confirmed that, in certain circumstances, commission paid to an agent is deductible for employees. You may wish to seek professional advice on this point

What happens about your tax and National Insurance if you are self-employed

If you are self-employed, you are responsible for your own tax and National Insurance. Even if you are paying Class 1 contributions as an employee, you have to pay Class 2 and Class 4 contributions on self-employed income, subject to profit levels. This means:

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• Telling HMRC that you are in business by registering as self-employed (see link at end of section)• Reporting all your income to the tax office each year so that they can assess the tax due on it. The Tax Office will send you a tax return for doing this annually once you have registered• Paying the tax: for the first tax year in which you become self-employed you will not usually have to pay the tax due on profits until 31 January following the end of that year, but subsequently you will then normally pay it in two instalments, on 31 January and 31 July of each year• Paying Class 2 National Insurance Contributions as a self-employed person, on the same biannual dates as the tax is payable. You should be aware that a penalty may be payable for late registration

• The Class 2 rate is £2.65 per week. The small earnings exemption can be granted to self-employed people who have income below the low earnings threshold, which is £5,595 from 6 April 2012. However, they may wish to continue making the contributions in order to preserve state benefit entitlements.

• The Class 4 contribution is currently levied at a rate of 9% on self-employed profits between £7,605 and £42,475 per annum with 2% payable on all profits above £42,475. It is assessed as part of the tax calculation and paid in the same way at the same times. It does not increase or affect entitlements in any way. However, it may be deferred or exempted if you also have substantial employment income or are beyond state retirement age

Being self-employed also affects:

• Your entitlement to social security benefits such as unemployment benefit• Other rights and duties, for example under the Employment Protection Acts• Your liabilities to the public for the work you do

You can find more information about self-employment in the booklet SE1 “Are You Thinking of Working for Yourself?”, which you can get free from any tax office or download from the HMRC website, http://www.hmrc.gov.uk/leaflets/se1.pdf. To register as self-employed and to pay National Insurance, please follow this link: http://www.hmrc.gov.uk/selfemployed/register-selfemp.htm

Self Assessment and the current year basis

The Self Assessment system consists, essentially, of two stages:

• Firstly, the completion of a tax return detailing all taxable income for the tax year and claiming appropriate allowances and reliefs• Calculating the tax payments required based on the details declared on the tax return. If a completed tax return is submitted by 31 October following the end of the tax year HMRC will calculate the tax for you before it is payable It is now possible to complete and submit your tax return online and details can be found at http://www.hmrc.gov.uk/sa/understand-online.htm. Filing online means your tax will be calculated automatically, even after 31 October. The income tax year runs from 6 April to 5 April the following year. So the tax year 2012/13 is from 6 April 2012 to 5 April 2013.

The Self Assessment tax return consists of six pages of standard information, with supplementary pages issued for other income and gains. For example, there are other pages for employment and self-employment. A potential trap here is that it is the taxpayer’s responsibility to ensure he/she obtains and completes the correct supplementary pages, as appropriate. Ring the HMRC Orderline (0845 9000 404) for any additional supplementary pages you may require, or you can download them from HMRC’s website.

EmployeesEmployees are generally taxed on earnings from employment received during the ‘current’ tax year. Details of such income are shown on forms P60 (if you are employed at the end of the tax year) or P45 (if you leave employment during the year). You may be paid expenses or provided with taxable benefits by your employer and, if so, these may be shown on form P11D (P9D for employees earning less than £8,500 per year).

Self-employedSelf-employed musicians are also taxed on earnings in the ‘current’ year, generally by the income shown in accounts that end in the ‘current tax year’, e.g. the year ended 30 June 2011 is assessable for the year ended 5 April 2012 (the 2011/12 tax year). However, there are special rules to deal with the first year of self-employment (commencement) and the year of cessation of trading income.

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CommencementRegardless of which date you choose to make your first accounts up to, you will always be assessable in the year you begin trading on income from the date of commencement up to the next 5 April.

So for example, if you commence trading on 1 July 2011 and you make your first accounts up for a full year to 30 June 2012, you will then be assessable in 2011/12 on profits from 1 July 2011 to 5 April 2012:

E.g. Business commences 1 July 2011 and profits are:

Year ended 30 June 2012 £10,000Year ended 30 June 2013 £12,000Year ended 30 June 2014 £14,000

The taxable amounts will be:

Tax year 2011/2012 £10,000 x 279/365 = £7,644*Tax year 2012/2013 £10,000Tax year 2013/2014 £12,000Tax year 2014/2015 £14,000

*Time apportioned to cover period 1 July 2011 to 5 April 2012

It is apparent from this example that part of the profits for the first year’s trading are taxed twice in 2011/12 and 2012/13. This anomaly may be corrected by claiming ‘Overlap Relief’ which is available at cessation or a change of accounting date. In this example the relief equates to the amount taxable in 2011/12, i.e. £7,644.

You are not obliged to make your first accounts up for a full year and so may choose a 5 April year end for convenience. However there may be cash flow advantages in choosing a later year end.

CessationAt the point at which your self-employment ceases all untaxed profits since the last fully taxed accounting period will be brought into assessment during the final tax year with any unused Overlap Relief (see above) being deducted from the assessable figure.

Time limitsTax Returns usually have to be filed with HMRC by 31 October (for returns filed by ‘paper’) or 31 January (for electronic submission) following the end of the year of assessment. For example for the tax year ended 5 April 2012, a paper return must reach the HMRC by 31 October 2012, while the deadline for online filing is 31 January 2013.

There are strict time limits for the filing of tax returns, with fixed penalties automatically enforced for failure to adhere to the respective due dates. Self Assessment will financially punish taxpayers whose tax affairs fall into arrears.

The penalty regime has recently expanded and is summarised below:

Late filing

• Failure to deliver a tax return by the due date (usually 31 January) produces an automatic late filing penalty of £100, whether or not the tax is paid on time• Two further penalties of the higher of £300 or 5% of the final liability are due if the tax return has still not been filed by 6 months and 12 months following the submission deadline• Daily fines may also be levied for returns which are persistently late Late payment

• Interest automatically charged on all overdue tax (currently 3% per annum calculated daily)• Automatic 5% surcharge on late payment of tax over 30 days after the normal payment date (usually 2 March following the tax year)• Two further 5% surcharges on tax paid more than 6 and 12 months after the normal payment date

Self Assessment in practiceThe illustration below shows how Self Assessment actually works:

Assume the 2011/12 tax liability is £4,000 and no payments on account have previously been made. This amount (£4,000) is payable by 31 January 2013. At the same time a first payment on account for 2012/13 will be due and this is calculated as being half of the full liability for the previous year, i.e. £2,000. Therefore, a total of £6,000 is payable by 31 January 2013. A second payment on account for 2012/13 is due on 31 July 2013 and this is also calculated to be half of the previous year’s liability, i.e. a further £2,000.

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If then the final liability for 2012/13 were calculated at say £4,500, then a ‘balancing payment’ of £500 will be required by 31 January 2014 (i.e. £4,500 less the two payments on account of £2,000). In addition, a first payment on account for 2013/14 of £2,250 will be due (i.e. half of the previous year’s liability of £4,500). So the total amount payable by 31 January 2014 will be £2,750 (£500 plus £2,250). A second payment on account for 2013/14 of £2,250 will be due by 31 July 2014, and so the cycle continues.

In certain circumstances, for example if your income is falling, it is possible to apply for the payments on account to be reduced on the basis that you expect next year’s liability to be less but there is a risk of an interest charge if you get your figures wrong and the reduced instalments do not then cover the liability. However, by the time you need to make the first payment on account (31 January), you would likely have a reasonable idea of your expected income level during that year and would normally know the actual level by the time the second payment is due (31 July).

Simple record keeping

HMRC has produced an excellent booklet, “Thinking of Working For Yourself”, which includes details on the bookkeeping requirements for the purposes of Self Assessment. It can be obtained from HMRC offices or downloaded via the internet www.hmrc.gov.uk/leaflets/se1.pdf

The law states that you must keep all records regarding your self-employment for six years after the filing date. For example, you must keep your 2012/13 records for six years from 31 January 2014. Keep all receipts in a safe place, filed in a logical order. Also try to pay for as many things as possible by cheque or credit card – this serves as a useful double-check for business receipts and expenses, and acts as a receipt in case you lose the original. Incidentally, a separate bank account is also a very useful aid to your accounting. If you want to be more efficient in recording expenses, try using a multi-column book. Use the different columns to detail separate expenses, e.g. a column for petrol, a column for clothes, etc. You can easily add up the columns to see how much you’ve spent on each. Better still, invest in a computer package.

Although any expenses come under the watchful eye of the Inspector of Taxes, certain ones are always targeted. Motor expenses is a favourite. If you use your car for both business and pleasure, it’s essential to have a car mileage logbook where you record details of the mileage. Then if you want to claim part of your car expenses against your tax, it will be easy to work out the proportion of business to private mileage. HMRC has indicated that car expenses may be scrutinised under Self Assessment so it has become imperative that a record of business and private journeys is maintained.

Incidentally, you’ll need to keep at least all the above records even if you pay an accountant to actually prepare and submit your accounts for you for tax purposes. Your records must be accurate, because you are 100% responsible for presenting correct accounts to the taxman, no matter who prepares them for you. Most people don’t realise that. They pay the accountant, thinking that he/she will “carry the can” for them if the taxman discovers something odd in the figures. Not so. Your accountant can be of great help if you do get into trouble, but you are the one who’ll get it ‘in the pocket’! As well as making preparation of your tax return and dealing with queries easier, keeping proper records means you are not exposed to the appropriate penalty for not doing so.

Accounts preparation work for tax purposes

All self-employed individuals must complete the self-employment pages in the Self Assessment tax return. Under Self Assessment it is not necessary to send in copies of your actual accounts to HMRC. However you do have to disclose your income and expenses under the categories printed on the return form (e.g. ‘premises costs’ would include rent, business rates, water rates, light, heat, power, insurance for premises and any other premises costs that are designated for business use). There is an adjacent column for entering any disallowable element of the expense figure included in the main column, such as for private usage of a vehicle.

Simple tax accountsHMRC has simplified the accounting requirements for businesses, either full or part-time, where total business turnover before expenses is less than the VAT registered threshold (i.e. £73,000 for the 2011/12 tax year).

All you need to return is:• Your gross business turnover• Your total allowable deductions (business purchases and expenses and capital allowances)• Your net profit or loss

It is essential to keep a detailed list of expenses and purchases for business purposes in case of a query from the tax inspector. Beware! HMRC seems to be targeting small businesses.

Expenses

The Taxes Acts state that, as a self-employed individual, you are entitled to claim for expenses incurred “…wholly and exclusively… for the purpose of trade….”. The taxman will only allow expenses which come within this definition. Luckily this does cover most of the expenses you are likely to come across provided you can demonstrate to the taxman that the expenditure was incurred as a direct result of your work as a musician. There are, however, a few borderline cases where you may have to argue with him. For example, stage clothes are a very grey area, and could fall under the notion of ‘Duality’, as they have a duality of purpose. Some inspectors have in the past claimed that clothes were not allowable as they served a dual purpose of being needed to perform the job and protecting the wearer’s modesty. They have even taken this to court and won. However some, if not most, inspectors will allow clothes as long as they are only used on stage. Clearly this is one area in which you would have to justify the expense. Therefore, jeans worn on stage would be difficult to justify.

Let’s look at some of the more usual types of allowable expense, although it must be pointed out that this is by no means an exhaustive list. You may well think of more along the same lines incurred in the course of your work:

Motoring expensesThese include road tax, insurance, oil, petrol, servicing, repairs, spares, cleaning materials, tyres, AA/RAC subscription, interest charged on a loan for vehicle purchase, car hire, garage rent (this must actually be paid out, i.e. you cannot claim for the garage on the side of your home). Motoring expenses will only be allowed on the business part of your mileage. That is why it is suggested you keep a mileage logbook.

e.g. Total mileage 10,000, total motoring expenses £1,000Business mileage 5,000, allowable motoring expenses £500

It is also possible to claim what are known as capital allowances, which reflect the depreciation of the vehicle. Please see below.

AMRs (Authorised mileage rates)As an alternative to recording all motoring expenses, HMRC will accept a far simpler method for claiming motoring expenses.

Currently the allowances are: Cars and Vans - First 10,000 business miles 45p per mile - Each additional mile 25p per mileMotorcycles - 24p per mileBicycles - 20p per mile

If you opt for this scheme, you simply have to record only business mileage. No other motoring expenses (such as insurance, repairs, etc) or capital allowances (for the vehicle) may be claimed. The only additional expenses that can be claimed are parking fees, road tolls and the congestion charge.

There are two points to bear in mind with this scheme:1. Your turnover must not exceed the VAT registration threshold, which is £77,000 from 1 April 2012, in the year that you change your car as you will not be allowed to use the scheme.2. You are unable to chop and change from one scheme to the other. On a change of vehicle, you must either switch to the above basis or claim all motoring expenses, keep a mileage logbook and apportion motoring costs, between business and private trips, to arrive at a figure for business motoring expenses.

In terms of simplicity, the AMRs have much to commend them but an individual must make a decision as to which method to adopt with regard to his/her individual circumstances.

Other expenses• Stage clothes – Clothes that you only wear on stage can be claimed for 100% of the cost• Ordinary clothes – As highlighted above, this is a grey area, but the official line is, “the cost of ordinary every day clothing is not allowable – even if it is bought specially for business use”• Footwear – The same rules apply as with clothes• Overnight accommodation – Where the trip necessitates one or more nights away from home the hotel accommodation and reasonable costs of overnight subsistence are deductible. The costs of lunches are not normally allowable. Unless you are travelling on business (for example, you are on a train from London to Edinburgh to perform there), in which case modest expenses may be deducted• Travel – Travel to and from a regular gig at a regular venue will not usually be classed as business mileage for tax purposes. The reason for this is that the inspector will say that as you are at the venue so often, your trade is carried on from there, and not from home. You will have to convince him that although you do this gig quite a

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lot, your business as a musician is based at home. The best way of doing this is to show that you have other gigs elsewhere • Stationery – Envelopes, paper, cost of printing, letterheads and business cards, pens, pencils, desk diary, photocopying, accounts, books etc. Small items of office equipment – files, rubber stamps etc. Large items of equipment such as a computer, desk and chair come under capital allowances later• Postage – The Post Office will give you a receipt on request• Telephone calls – Unlikely to be allowed 100% so restrict claim to an approximate business percentage.• Telephone rental charge – If a percentage of your calls are for business, claim the same percentage of the rental charge against your tax. (Similarly, mobile phones.)• Instrument insurance• Instrument repairs• Cleaning materials for instruments• Instrument replacements – Strictly speaking, you should get a capital allowance for instruments but small inexpensive ones will usually just be allowed as an expense• Laundry and dry cleaning – For your stage clothes only• Music – All types, e.g. manuscript, sheet music, and arrangements• Theatre tickets – HMRC will allow the cost of work related theatre and musical tickets for you only• Advertising – e.g. Yellow Pages, ads for musicians’ work, second-hand instruments• Publicity material – e.g. photographs, badges, posters, flyers. Don’t forget to claim the cost of the photo session• Hire of rehearsal rooms, recording facilities and studios, musical instruments and other equipment.• Car parking charges• Commissions – Paid out to agents, managers, etc.• Accountancy fees• Solicitors’ fees – e.g. for recovering debts, drawing up contracts• Bad or doubtful debts – i.e. if you do a gig but never get paid for it, after all reasonable attempts at recovery, your profit for that year is reduced by that amount, if you calculated income on an invoice, not cash basis• Subscriptions to business magazines – e.g. Music Week, Guitarist etc.• Bank Charges – Paid in connection with your business. These are easily calculated if you have a separate bank account• Interest charged on loans – e.g. for the purchase of equipment. You will need to get a ‘Certificate of Interest Paid’ from whoever you have borrowed the cash• Small consumable items – e.g. strings, reeds, drumsticks, valve oil, resin• Contact lenses - Where required for reading music, although this may be challenged• Some dental work – e.g. cosmetic or remedial (as with brass/woodwind players). Again this is likely to be challenged• Gifts advertising your services – e.g. pens, diaries, calendars, matches, etc. The cost of each must not exceed £50, as the whole amount will be disallowed. Gifts of food and drink are not deductible• CD/DVD/MP3 player – You may have to convince the taxman that you need to use these items of equipment “…for the purpose of trade….”, e.g. to learn new pieces of music. He will, however, almost certainly only allow you a part of the cost for business• CDs/DVDs/MP3s – Again, you will probably have to argue with the taxman over the allowable amount. Don’t be frightened to argue, but don’t be too greedy• Professional subscriptions – Annual subscriptions of a professional nature. (See later item referring to the Musicians’ Union.)• Other inexpensive items of equipment – e.g. music stands, instrument stands and microphone stands. Expensive equipment comes under capital allowances later

Now we come to a couple of expenses that are a little more complicated:

Use of your home as an office – If you set aside an identifiable part of your home and use it solely for business (e.g. if you use a room or part of a room only as an office) then a proportion of the total running costs of your home is allowable. These might include insurance, heat, light and mortgage interest. If the part of the property used for business purposes is also used for some other purpose at the same time (i.e. you work at the kitchen

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table while your partner cooks), then the deduction may be restricted. If the part of the property used for business is used exclusively for this purpose, for only part of the time, (i.e. you work in the spare bedroom when it is not in use by guests), you can claim part of the running costs, apportioned by reference to the time it is so used. It is important to note that if you use part of your home exclusively for business purposes you may be liable to Capital Gains Tax when you come to sell it, please seek an accountant’s advice on this.

Wages – e.g. to road crew, secretary etc. If you start paying wages to anyone on more than a strictly freelance basis you are going to become involved with starting a full PAYE scheme and deducting tax and National Insurance contributions.

Where your spouse or partner helps you with your business – either in an admin role such as a secretary, receptionist, bookkeeper, or in a more technical capacity – it may make sense from a tax perspective to pay them for that work. If they already have their own income or there is not a large differential between your tax rates, it may not be worthwhile but if you can pay them a commercial rate for their work you can get a tax deduction for it. If it is up to £130 per week there are no reporting obligations. The main two conditions are that the work has to justify at least the wages paid and those wages must actually be paid – preferably into their own account.

This may save tax but it can have other implications. You would become an employer with responsibility for health and safety, employer’s liability insurance etc. These additional responsibilities means it is not necessarily an easy fix, but it can save tax.

There are four important conditions:1. Your partner must actually work for you, and the wage must be commercially justifiable.2. You must actually pay your partner the money, and not just make it a bookkeeping entry. Therefore it should be paid into a separate account in their name.3. Your partner must remember to declare the income on his/her own tax return, if they need to complete one.4. You may be asked by HMRC to specify his/her exact duties so reasonable evidence of his/her work for you should be available

MU Subscriptions – allowable deduction?A number of reports have been received of musicians who are self-employed, and classed as such for HMRC purposes, having difficulties in off-setting their MU subscriptions against their taxable income. We understand that some local tax inspectors are quoting Section 343 ITEPA as the reason for this decision. This section is inappropriate, for whilst it severely restricts the fees and subscriptions that can be claimed, it relates only to employed persons taxable as employees. The employed person will need to show that it was necessary to incur this expenditure to carry on his/her employment. Self-employed musicians are not covered by this category and should continue to claim their subscriptions as before, and will need to show that this expenditure was wholly and exclusively incurred for business use.

Capital allowances

These spread the costs of “machinery and plant” (which includes vehicles, reference library, office furniture, computers etc.) over their effective life. These allowances can be a little confusing until you know your way around them a bit, but they are important.

Capital allowances: Plant and machinery allowance regime;• An Annual Investment Allowance (AIA) is available for the first £25,000 (£100,000 before 5 April 2012) of expenditure on most plant and machinery each year, giving a 100% allowance. Cars do not qualify for AIA• Where more than £25,000 is spent in a chargeable period, the excess will qualify for WDAs in the normal manner • The main rate of Writing Down Allowances (WDAs) is 18% (previously 20%)• Where unrelieved brought forward expenditure in the main pool is £1,000 or less, businesses can claim a WDA of up to the entire amount of the pool This is an intricate area of tax and we advise that you seek advice where necessary.

Capital allowances: Motor carsThe allowances depend on the car, when it was acquired and any personal use.

This is an area which has undergone a lot of changes recently and we advise that you seek professional advice.

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What happens when you send in your tax return?

When you submit your tax return HMRC will process it. This means the figures shown on your tax return will be inputted into the Self Assessment computer system. At this stage there will be checks made for obvious errors, such as the figures not adding up, but the return will not be looked at closely. If you have submitted the return before 31 October you will be sent a calculation of the tax due. If you have calculated the tax due yourself you will either receive confirmation that the return has been “processed without need for correction” or you will be sent a calculation indicating where the figures differ from yours.

Appealing against the taxman’s figures

With the system of Self Assessment a general right to appeal against assessments is no longer necessary. Circumstances will arise, however, when appeals are required, such as when the Self Assessment is amended by the HMRC or a discovery assessment is issued. If you disagree with the taxman’s figures, you have 30 days in which to appeal against them. A late appeal will usually be accepted if there are reasonable grounds, such as sickness or absence on holiday.

Enquiries into your tax returnHMRC usually have 12 months from the submission of the form to open a formal enquiry into your tax return. This is sometimes referred to as a ‘Section 9A’ enquiry. The time limit can be longer than 12 months if the return is submitted late. Most enquiries are opened because the Inspector knows or suspects something is wrong with the return. There are also a number of purely random enquiries each year. The Inspector of Taxes will never disclose whether the enquiry is random or whether he knows or suspects something.

If an Inspector of Taxes opens a ‘Section 9A’ enquiry he will usually write to you and your accountant, if you have one, setting out his concerns and asking a series of questions or requesting documentary evidence of entries on your return. Once the enquiry is complete the Inspector will tell you that he wants more tax, that nothing needs changing or, occasionally, that you have paid too much tax. If more tax is due, interest will be charged and the Inspector may also impose penalties, which can, in serious cases, amount to 100% of the extra tax. If, when looking at your return for a particular year, the Inspector of Taxes finds an error in your figures and feels that this may have occurred in previous years he is able to issue a discovery assessment for earlier years even if the normal enquiry time limit has passed. If they find your returns are wrong, HMRC will seek to recover any additional tax that may be due, with interest and a penalty if appropriate.

If you receive notice of a ‘Section 9A’ enquiry and you do not have an accountant you should seriously consider appointing one who is experienced in this area. The professional costs in dealing with an enquiry from HMRC can quickly mount up. Many accountants can arrange insurance to cover such costs.

Dealing with an enquiryThe following notes are a few ideas that may help you survive an enquiry relatively unscathed:

• Always take your accountant with you or better still let him/her handle it alone• Effective handling of an investigation can make an enormous difference in the time taken and the amount of tax or penalties you have to pay• Don’t be obstructive. You’ll only make things worse for yourself. Try to find out what the inspector’s concerns are and alleviate them so as to head off the enquiry• Don’t try to fob the inspector off. It is essential that you take him seriously and provide all the relevant facts and details• If you’re being investigated you’d better get used to the idea that this may well include an investigation of your wife/husband, family and personal affairs as well• If you are asked for your personal bank statements, review them and analyse them first so that you can provide an analysis with the statements. Do not just hand over any records that are requested, provide summaries and references as well to help the inspector understand• It is usual for the inspector to ask for a meeting with you. Before the meeting, meet with your accountant and get him/her to scrutinise your information and question you on the pointers the inspector is likely to raise• Make sure you are familiar with your own documentation• The Inspector will usually require capital statements. These should show your assets and liabilities from a few years ago to the present. The aim is to show any unrevealed source of income or asset• Don’t wait for the inspector to request them and don’t forget to include any cash balances• HMRC will treat any unexplained receipts, deficits on cash accounts, or unsubstantiated receipts as additional income. So, you must make sure that all items are properly explained

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• Go through your living expenses for the current year and compare them with expenses in previous years making allowances for any special factors such as holidays, new kitchen units, etc. Any significant differences will need to be explained• If they start an interview with the words “you are not obliged to say anything but…” terminate the interview immediately and call a solicitor! HMRC prepares notes of the meeting and you should be entitled to a copy• If you do strike a compromise with the inspector, consider the effects on the tax, interest and penalties• As a general rule, it is rarely, if ever, advisable to formally agree a settlement at interview• Always give yourself time to go away and think about the inspector’s proposals. You may perhaps have forgotten that you received a loan from a relative during the period under investigation or you were sick and received state benefits• Always agree a settlement in writing either via your accountant or yourself• The maximum penalty is 100% of the tax lost. This can be reduced depending on the circumstances leading to the error• You don’t have to accept what you are told by the inspector, but you must try to discuss how the penalty level is arrived at. You may be able to persuade the inspector to add more weight to some of the points that are in your favour• If you are worried about incurring additional accountancy fees remember that any tax and penalty could far exceed them. If you prepare your case well you could minimise accountancy fees as well as tax and penalties. To end on an optimistic note, it is always possible that the inspector may return your books with a letter saying that he is entirely satisfied with your records and no amendment is necessary – it really does happen on occasion!

VAT

It is not compulsory to register for VAT until your turnover, i.e. money passing through your business as a musician, exceeds £77,000 a year (from 1 April 2012). You can, however, register voluntarily no matter what your turnover is. This means that you can then claim back the VAT which you are charged on things like telephones, instruments, etc. which are used in your business, but it means that you will also have to charge VAT on your fee for every gig, music lesson, arrangement, etc. and handle any bookwork involved.

Beware of the implications of “scale charges” for motoring costs if you reclaim VAT on petrol. Since the VAT authorities are not renowned for their leniency or sympathy and operate a harsh regime, it is probably wise to consult an accountant to examine and explain the benefits and pitfalls of VAT registration first, and also the accounting system to be employed.

The 2003 Finance Act introduced rules to relax and simplify the impact of VAT for small businesses. These concessions include a simplification of the calculations required so that VAT liability can be determined as a percentage of turnover. The majority of the measures introduced are for businesses, individuals etc with an annual vatable turnover of less than £150,000 and an annual total turnover of less than £187,500. This is known as the ‘Flat Rate Scheme’.

Registration• Voluntary – As a musician, provided that you are making supplies of services by way of business in the UK, then that is sufficient to register for VAT in the UK on a voluntary basis, even if your income is only a few thousand pounds• Compulsory – If vatable income exceeds the current VAT registration threshold of £77,000 (with effect from 1 April 2012) in any rolling 12-month period or less, VAT registration is compulsory

It should be noted that failure to notify HMRC of a compulsory requirement to register for VAT may result in a late registration penalty. However, if your income is subject to major fluctuations and only exceeds the threshold for a short period, it is possible to arrange not to have to register for VAT. To do this, you must notify HMRC of the breach of threshold and obtain their prior agreement.

VAT liability of suppliesOnce VAT registration is achieved, VAT will become chargeable at 20% on all vatable business supplies made in the UK. There are, however, some specific rules for supplies made outside of the UK.

• Services – live performances – Where live performances are given, for VAT purposes the supply of services is deemed to take place where the client belongs provided that the client is in business themselves, the proof of their status being their VAT number. For live performances given for private persons, the place of supply for VAT purposes is deemed to be where the performance actually takes place • Services – recorded performances – Where a musician’s performance is recorded and a fee and/or royalties are received for the supply of this service, the supply is deemed to take place where it is received or, in other

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words, where the client belongs. Accordingly, if fees or royalties are received from outside of the UK, these will not attract UK VAT. However, there is an additional rule for fees or royalties received from elsewhere in the EU (European Union). In order for UK VAT not to apply on EU royalties, the person paying the fee or royalty must be in business themselves and the proof of that status is their VAT number in their EU country of belonging. Accordingly, for fees or royalties received from inside the EU, an EU VAT number should be obtained by the musician• Goods – Goods, for example CDs, exported outside of the EU are zero-rated for VAT purposes provided that valid export evidence is retained. For goods sold to persons in other EU countries, the following rules apply:1. Goods sold to private individuals in other EU countries are subject to UK VAT at 20%2. Goods sold to businesses in other EU countries are not subject to UK VAT provided that the business has a VAT number in its EU country and that the number is obtained by the musician for inclusion on the sales invoice EC sales lists All services supplied to EU business customers, such as royalties, must be included on an EC Sales List on a quarterly basis.

PurchasesVAT is recoverable on business expenditure, subject to various rules. Some of the common applicable areas are detailed below:

• Basic rules – In order to be able to recover VAT on purchases and expenses via your VAT Returns, the purchase should relate directly to your business activity and a full VAT receipt will need to be retained as evidence. A credit card slip is not sufficient evidence for VAT recovery. Items that may not be considered a business expense by HMRC include purchases of clothing, household goods and leisure services. Some items may be used for both business and non-business purposes, for example the cost of home telephone calls, and therefore an apportionment to account for business and non-business use should be made and only a proportion of the VAT recovered• Fuel – In order to be able to recover VAT incurred on fuel, a VAT scale charge should be applied. The scale charge is based on the engine size of the car and is added to VAT payable to HMRC, enabling you to recover VAT on all fuel purchases in respect of your car, whether for business or private motoring. If the amount of VAT incurred on fuel is minimal, it is advisable to recover no VAT on fuel and then, by concession, you do not have to pay any scale charge• Motor vehicles – The VAT incurred on the purchase of a car is not recoverable at all. If, however, a car is leased, the VAT incurred on the leasing charge is 50% recoverable. VAT on servicing and repairs is recoverable in full, even if the car is also used privately. VAT incurred on the purchase of a van for business purposes i.e. moving musical equipment about to different venues, is recoverable in full as a business expense, even if there is an element of private use• Subsistence – VAT is recoverable on hotel and restaurant bills for subsistence. The VAT incurred on such expenditure is only recoverable in relation to the business and not third party individuals. For these costs to be viewed as subsistence, the meals and hotel accommodation usually need to have been incurred when you are away from your normal place of work on a business trip• Travel – Most forms of transport, i.e. air, train, bus, coach, are zero-rated for VAT purposes so no VAT is incurred on these expenses. However, some taxis or chauffeur-driven cars will charge VAT at 20% for this service. The VAT is recoverable provided that the journey was made for business purposes and a valid VAT invoice is held• Business entertaining – VAT incurred on business entertaining is not recoverable• Non-UK expenditure – Only VAT incurred on business expenditure in the UK is recoverable via a UK VAT Return

Please note that input VAT is not recoverable on the Flat Rate Scheme apart from on items of equipment costing £2,000 or more each inclusive of VAT.

Theatre musicians

Historically, performers/artists working have been assessed for taxation under ‘trading income’ (previously ‘Sched-ule D’). However, as from 6 April 1990, a HMRC directive required that all performers/ artists that have joined the theatrical profession since 1987 would be assessed for taxation under ‘earnings from employment’ (previously ‘Schedule E’) in respect of engagements in live theatre. HMRC’s contention that engagements in the live theatre should be construed as creating ‘employee’ rather than self-employed status derives from a 1972 court case, which involved a dancer on a long-term contract.

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However, the Musicians’ Union did not believe that liability to tax under ‘earnings from employment’ should have been extended from particular to general application on the strength of this single 25-year-old case. It was contended that performers/artists, because of the unique nature of their profession, did not warrant assessment under ‘earnings from employment’. Performers/artists essentially carry on their profession as a business, with the performance of engagements being the end product. This means they incur varied and relevant expenses ranging from agent’s fees, publicity costs, and expenses necessary to maintain their professional standing and expertise (those costs necessarily incurred in the attainment of engagements) to those involved in attending and carrying out engagements.

The HMRC ruling means that such expenses cannot now be offset against earnings. It also means that the payment of subsistence and touring allowances, which are paid while the artists are on tour, will also now be subject to tax. Regrettably, the move to restore the status quo by introducing a new clause into the 1991 Finance Bill was defeated. The one small gain was the granting of tax relief on agent’s commission, but the amounts involved are relatively minor compared to the overall expenses incurred by performers/artists in maintaining their careers. As a result of the ruling in respect of actors, some Inspectors of Taxes have also sought to re-categorise the earnings of musicians as “earnings from employment” rather than “trading income”. This should be resisted.

Our information remains as previously published in the MU Tax Savings Guides. The standard letter being used by inspectors states quite clearly that the artists they have in mind are those involved in theatre engagements covered by “contracts on terms agreed between Equity and theatrical employers”. We have also seen a copy of notes of a meeting between HMRC and the Theatres National Council and Equity, which includes the following: “It was confirmed by HMRC that musicians were not generally envisaged as employed earners and were therefore not included within the proposed changes”.

After negotiations with HMRC, it has also been agreed that under normal contracts, and contrary to widespread fears, Class 1 National Insurance Contributions (employee not employers’) are not payable by self-employed musicians, particularly orchestra members. Any member encountering difficulties with either of these aspects of taxation should contact his/her Regional Organiser. But, it has to be said that, in the final analysis, the tax position of any member is a matter to be resolved between the member and his/her Inspector of Taxes.

Domicile

From 6 April 2008 the benefits from being domiciled outside the UK, while resident here, have been reduced considerably for most people. Only people with very substantial overseas income or gains, or those with overseas income of less than £2,000 per annum now benefit. We can offer advice as necessary.

Foreign tax credits

If you work or receive income from abroad, you may be taxed on that income in both the UK and the country where it is earned. However, when you prepare your UK tax return, you can usually claim relief for some or all of the foreign tax suffered, depending on the rate at which you were taxed to prevent you from being taxed twice on the same income.

Claiming the correct foreign tax credit can be complicated, so we advise that you obtain professional advice.

Spend rules usually apply to personal performances in another country and, again, expert advice should be taken.

Incorporation

Incorporating your trade into a company can be useful at saving tax, through the use of lower corporation tax rates and dividends. However this generally depends on how much you earn, and professional advice should be sought. Again, costs can eliminate many of the benefits. HMRC has recently been attacking some incorporations, especially where there is “goodwill” involved or the shareholders are husband and wife.

Partnerships

If you are a member of a group you may be taxed as being a member of a partnership, even if there is no formal partnership agreement. Husband and wife partnerships could also help to save tax, through making use of a spouse’s personal allowance and basic rate band. However, HMRC has recently been attacking husband and wife partnership agreements if it feels that the profit share is not representative of the level of work done. Therefore professional advice should be sought before entering into such an arrangement.

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Tax credits

If your income is low it may be possible to claim tax credits to supplement your income. Further details can be found on the HMRC website at http://taxcredits.hmrc.gov.uk/HomeNew.aspx

Save tax by investing your money

PensionsIf you have earnings as a professional musician you can use that income to make provision for your retirement.

Within certain limits you will get full tax relief on your payments, which compares very favourably with other financial products where you get no tax relief. However, you will have to wait until you are at least 55 to get at the money… that’s the catch in it! This is, however, an effective and tax efficient way of saving tax, particularly if you are paying tax at the higher rates. The amount of tax relief that may be avaliable to you will vary depending on your personal circumstances, and you should seek professional advice before making pension contributions.

Even without earnings it is possible to contribute to what is known as a Stakeholder Pension. If you wish to make a pension contribution you should seek advice from an accountant, tax adviser or an Independent Financial Adviser (IFA), such as Eos Wealth Management (a related company of HW Fisher & Company) at our address.

Other tax efficient investmentsThere are other tax efficient investments such as Individual Savings Accounts (ISAs) and Insurance Bonds. If you want further information regarding these you should contact an IFA.

Personal financial advice scheme

If you are in difficulties with HMRC, National Insurance Contributions, VAT, your ‘band’ finances, or just in need of some financial advice, the MU can help. The Union can refer you to accountants who offer members favourable terms. The first point of contact is your regional office. It is essential that you are up to date with your subscriptions to enjoy this (or any other) benefit of Union membership.

Taking care of tax – some useful tips

1. If you are just starting semi-pro or pro work, you must register with the HMRC as self-employed 2. Be honest with the taxman. It pays in the long run. Don’t think that you can fool them, either, as they have a vast array of information available3. When you write a letter to the taxman, keep a copy for future reference. Get receipts for everything that you pay out. The taxman is entitled to see evidence of everything you claim for4. If in doubt about any expenses or allowances – CLAIM THEM! Give full details to your accountant and let him decide – that’s his job! Otherwise, put your case to the Inspector5. Don’t ignore communications from the taxman. He won’t go away and can get quite nastily persistent. It will only lead to estimates of your income being made, which always ends up with you paying excessive tax6. Don’t write nasty letters to the taxman, even if he’s made a mistake. It won’t get you anywhere. A polite letter receives far more sympathetic consideration from anyone7. In spite of all you’ve heard about tax inspectors, most of them are very fair people. They are there to ensure that you pay the correct amount of tax – no more and no less. They don’t get paid on a commission basis either!8. It is well worth putting some money aside as you go along to cover your tax bills when they arrive9. The MU Tax Savings Guide 2012 is free to MU members and was produced in association with HW Fisher & Company chartered accountants10. Get advice if you need it. The costs will probably be a lot less than the penalties you could face if things go wrong

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Contact

For further information on the services that HW Fisher & Company can offer relating to tax advice:

HW Fisher & CompanyAcre House 11-15 William Road London NW1 3ER

T +44 (0)20 7388 7000 F +44 (0)20 7380 4900 Acre House3-5 Hyde RoadWatford WD17 4WP

T +44 (0)1923 698 340F +44 (0)1923 698 341

Andrew Subramaniam

T +44 (0)20 7380 4947E asubramaniam@hwfisher.co.uk

Barry Kernon T +44 (0)20 7874 7875E bkernon@hwfisher.co.uk

Musicians’ Union Helpline

The Media, Music and Entertainment team at HW Fisher & Company are dedicated to ensuring the financial security and prosperity of musicians, and have many years’ experience in helping clients minimise their tax liability.

Do you have a tax query? Call our free tax helpline for members on +44 (0)20 7874 7876 and quote ‘MU’.

Alternatively, email your query (please quote ‘MU’ in the subject line) to Andrew or Barry at the addresses above.

This document is produced with the intention of providing general information on financial topics. While reasonable care has been taken in its preparation, no responsibility is accepted by HW Fisher & Company for any errors it may contain. Coverage of topics is not necessarily comprehensive and does not purport to give professional advice. Further details can be obtained from the firm. The facts and opinions expressed are those of the author of the document at the date of writing and are liable to change without notice. All liability is excluded in respect of any loss or damage that may arise in connection with the use of reliance upon any materials appearing in this guide.

HW Fisher & Company 2012 All rights reserved

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London OfficeAcre House11-15 William RoadLondon NW1 3ER

T +44 (0)20 7388 7000F +44 (0)20 7380 4900

Watford OfficeAcre House3-5 Hyde RoadWatford WD17 4WP

T: +44 (0)1923 698 340F: +44 (0)1923 698 341

info@hwfisher.co.uk www.hwfisher.co.uk

HW Fisher & CompanyBusiness advisers – A medium-sized firm of chartered accountants based in London and Watford.Related companies and specialist divisions:Fisher Corporate PlcCorporate finance and business strategyFisherE@se LimitedOnline accounting and back-office servicesFisher ForensicLitigation support, forensic accounting, licensing and royalty auditingKingfisher CollectionsRoyalty administration and collections services for IP ownersFisher PartnersBusiness recovery, reconstruction and insolvency servicesFisher Property Services LimitedProperty investment, management and financeJade Securities LimitedBusiness divestments, mergers, management buy-outs and acquisitionsStackhouse Fisher LimitedSpecialist insurance servicesEos Wealth Management LtdIntelligent wealth management and financial servicesVAT Assist LimitedUK VAT representative

HW Fisher & Company and HW Fisher & Company Limited are registered to carry out audit work in the UK and in Ireland. A list of the names of the partners of HW Fisher & Company is open to inspection at our offices.

Fisher Forensic, Fisher Okkersen, Fisher Partners and Kingfisher Collections are trading names of specialist divisions of HW Fisher & Company, Chartered Accountants.

HW Fisher & Company Limited, Fisher Corporate Plc, Fishere@se Limited, Fisher Property Services Limited, Jade Securities Limited, Fisher Forensic Limited, VAT Assist Limited, Eos Wealth Management Limited and Stackhouse Fisher Limited, are related companies of HW Fisher & Company, Chartered Accountants.

HW Fisher & Company, HW Fisher & Company Limited and Jade Securities Limited are not authorised under the Financial Services and Markets Act 2000 but are regulated by the Institute of Chartered Accountants in England and Wales for a range of investment business activities. They can provide these investment services only if they are an incidental part of the professional services they have been engaged to provide.

Fisher Corporate Plc is authorised and regulated by the Financial Services Authority under reference 193921.

Eos Wealth Management Ltd is authorised and regulated by the Financial Services Authority under reference 543025.

Stackhouse Fisher Limited is an Appointed Representative of Stackhouse Poland Limited who are authorised and regulated by the Financial Services Authority under reference 309340.

HW Fisher & Company is a member of the Leading Edge Alliance

© HW Fisher & Company 2012