Quarterly Instalment Payments

QUARTERLY INSTALMENT PAYMENTS

Advance corporation tax (ACT) was abolished from 6 April 1999. This means that companies now paying dividends do not have to pay ACT.

However, large companies now pay their corporation tax in four quarterly instalment payments. These payments are based on the company’s estimate of its current year tax liability.

The change to instalment payments for large companies began for accounting periods ending on or after 1 July 1999.

Note that the overwhelming majority of companies continue to pay their corporation tax nine months and one day after the end of their accounting period.

We highlight below the main areas to consider if your company is affected by the quarterly instalments system.

COMPANIES AFFECTED BY QUARTERLY INSTALMENT PAYMENTS

Large companies

Only large companies have to pay their corporation tax by quarterly instalments. A company is large if its profits for the accounting period exceed the upper relevant maximum amount (URMA) in force at the end of that period and it therefore pays its tax at the main rate. URMA is currently Ł1.5 million, and the main rate of corporation tax is set at 30% from 1 April 1999 to 31 March 2002.

Associated companies

Where a company has associated companies, URMA is reduced to the figure found by dividing that amount by one plus the number of associates. URMA is also proportionately reduced for short accounting periods.

A company is associated with another company if one is under the control of the other, or if both are under the control of the same person or persons. Control is, broadly, defined by reference to ownership of share capital or voting power.

So, if a company has three associates, URMA is Ł375,000. Any of the companies that have taxable profits exceeding that figure will be subject to the instalment payments regime. Those which do not exceed that figure will not be subject to the regime.

Growing companies

A company does not have to pay its corporation tax by instalments in an accounting period if

- its taxable profits for that accounting period do not exceed Ł10 million and

- it was not large for the previous year.

Where there are associated companies, the Ł10 million threshold is divided by one plus the number of associates at the end of the preceding accounting period. The threshold is also proportionately reduced for short accounting periods.

This gives companies time to prepare for paying by instalments, rather than finding unexpectedly that they have to do so.

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THE PATTERN OF QUARTERLY INSTALMENT PAYMENTS

From 2002, a large company with a twelve month accounting period will pay tax in four equal instalments, in months seven, ten, 13 and 16 following the start of the accounting period. Transitional rules apply before 2002, to ease the transition to instalment payments, and these are explained below.

The actual due date of payment is six months and 13 days after the start of the accounting period, then nine months and 13 days, and so on. So, for a company with a 12 month accounting period starting on 1 January, quarterly instalment payments are due on 14 July, 14 October, 14 January next and 14 April next.

There are special rules where an accounting period lasts less than 12 months.

Payments in the transitional period

To help transition to the new system, large companies initially have to pay only part of their tax by instalments. Transition starts with the first accounting period ending on or after 1 July 1999.

The transition is best illustrated by an example. A large company with a 31 December year end would pay

- 15% of its tax liability for 1999 in each of July and October 1999 and January and April 2000, with the remaining 40% due in October 2000

- 18% of its tax for 2000 in each of July and October 2000 and January and April 2001, leaving 28% to be paid in October 2001

- 22% of its tax for 2001 in each of July and October 2001 and January and April 2002, leaving 12% to be paid in October 2002

- 25% of its tax for 2002 in each of July and October 2002 and January and April 2003.

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WORKING OUT QUARTERLY INSTALMENT PAYMENTS

A company has to estimate its current year tax liability (net of all reliefs and set offs) and then make instalment payments based on that estimate. This means that by month seven, a company has to estimate profits for the remaining part of the accounting period.

In particular note that tax due under loans to participators legislation is also included.

A company’s estimate of its tax liability will vary over time. The system of instalment payments allows a company to make top-up payments - at any time - if it realises that the instalment payments it has made are inadequate. And a company will normally be able to have back all or part of any instalment payments already made if later it concludes that they ought not to have been made, or were excessive.

Interest and Penalties

Interest is calculated only once a company has filed its tax return, or the Revenue have made a determination of its corporation tax liability and the normal due date has passed.

The payments the company makes are compared to the amounts that ought to have been paid throughout the instalment period. If a company has paid too much for a period compared to the amount of corporation tax that was due to have been paid, it will be paid interest. If it has paid too little, it will be charged interest.

Rates of interest

Special rates of interest apply for the period from the due and payable date for the first instalment to the normal due and payable date for corporation tax (nine months and one day from the end of the accounting period).

Thereafter, the interest rates change to rates in line with those which already apply for accounting periods before self assessment for companies. This two-tier system takes into account the fact that companies will be making their instalment payments based on estimated figures but, by the time of the normal due date, should be fairly certain about their liability.

Interest received by companies is chargeable to tax, and interest paid by companies is deductible for tax purposes.

Penalties

A penalty may be charged if a company deliberately fails to make instalment payments, or makes instalment payments of insufficient size.

Special arrangements for groups

There is a group accounting facility which allows groups to make instalment payments on a group-wide basis, rather than company by company. This should help to minimise their exposure to interest.

HOW WE CAN HELP

If you think your company may be affected by the quarterly instalment regime, procedures will need to be set in place to estimate charges.

We will be more than happy to provide you with assistance or any additional information required.

For information of users: This material is published for the information of clients. It provides only an overview of the regulations in force at the date of publication, and no action should be taken without consulting the detailed legislation or seeking professional advice. Therefore no responsibility for loss occasioned by any person acting or refraining from action as a result of the material can be accepted by the authors or the firm.

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