ilmoro
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'Wondering which of the bu***rs to blame, and watching for pigs on the wing.' - Pink Floyd
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Post by ilmoro on Apr 5, 2017 17:14:36 GMT
Because they have never officially closed any of the recoveries on the defaulted loans and formally written them off. However, HMRC allow lenders to declare their own losses based on whether a loan is irrecoverable without legal action which applies to all off the permanently suspended loans on AC. Therefore we can claim for losses even if AC hasnt officially declared a capital loss. ilmoro it seems that you might be implying that AC are making our lives much harder by artificially, indefinitely omitting total defaults and total recoveries from their Tax Statement pages so they can tell people they have suffered no losses. If this is really what is happening it seems dishonest and I feel mistreated and not cared for. Thank goodness for platforms such as FS who are upfront about losses and recoveries. This is what FS tax statements look like now (numbers for illustration only): Total interest earned £1501.45 Total tax withheld £0.00 Capital losses from defaulted loans £1201.00 Capital recovered from defaulted loans £0.00 This looks bad at first glance because it seems profit has only been £300 (and this is what is taxable) but in reality the 1201.00 (or most of it) will appear as capital recovered in the following year. If all loans were sold at the end of this year the subsequent year might look like this: Total interest earned £0.00 Total tax withheld £0.00 Capital losses from defaulted loans £0.00 Capital recovered from defaulted loans £1201.00 The taxable profit this year would be £1201. SteveT are you suggesting that AC have low recovery rates that are partially concealed by them not declaring loans irrecoverable when it is clear they are, or am I going too far too fast here? Its up to AC how they treat their loans, we give them that licence. No idea what advice they may have received on the matter. They tend to be conservative when it comes to compliance. Every platform seems to have a different definition. AC are quick to declare loans as defaulted as soon as the borrower breaches the covenants of the loan in a way that might affect repayment, reserve their rights and charge default interest and undertake recovery procedures (not all of the time of course) whereas other platforms are slow to declare defaults and initiate recovery procedures. Therefore under HMRC rules it is easy for us to claim losses on AC which we couldnt on other platforms even though the likelihood of recovery is probably lower. So while AC may not be as helpful as FS in the data they supply to lenders in this respect (FS only recently gone on a defaulting spree I might add) they are considerably better at enabling lenders to take advantage of this relief than other platforms. AC also publish clear default statistics but they maintain that while there are still avenues to explore then loans should not be declared irrecovable (legal cases might result in full recovery of capital even after several years).
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SteveT
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Post by SteveT on Apr 5, 2017 17:21:54 GMT
SteveT are you suggesting that AC have low recovery rates that are partially concealed by them not declaring loans irrecoverable when it is clear they are, or am I going too far too fast here? No, not at all. I have more confidence in AC's recovery processes than I have in most other platforms I lend with. It's just that AC have yet to bring their Tax Statements into line with HMRC's guidance SAIM 12050 (as FC and FS already have) so that we can offset capital tied up in loans that have "entered legal recovery procedures" against interest earned.
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mikes1531
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Post by mikes1531 on Apr 9, 2017 1:14:56 GMT
Slightly daunted to calculate that my total AC loan capital which became "irrecoverable" for tax purposes in 2016/17 (#26, #45, #123, #199, #208, #230) amounts to 47% of my total AC interest in the year. And I thought I'd been quite careful / lucky to avoid some of the smellier ones! Can others beat this? I had a very large holding (for me) in #45. If I declared the whole of that to be a loss for 2016/17 because it was in a recovery procedure, that loss alone would have been more than enough to offset all of my AC income. Adding in my Eppy/Ippy loans would have made a ghastly looking situation even worse. My statement from FS shows more 'losses' than income as well. This all results from considering the whole of a loan to be a loss even when it is reasonably well secured. And while I accept that's what's permitted by the HMRC guidance, it does seem an unreasonable position to take in the circumstances. It's obviously aggravated by this being the first year the new rules went into effect. In future years the adjustment to my P2P income would be the net of new loans going into recovery procedures and old loans coming out of such procedures so, with any luck, the effect should be a lot smaller. In view of the full recovery of #45 just two days into the new tax year, ISTM that classifying all the capital I had in #45 as a 'loss' in 2016/17 and then classifying all that capital as 'income' in 2017/18 would cause an unnecessary huge distortion of my P2P income, so I don't intend to do it. I realise that I could save some tax for 2016/17 and not have to pay it until I submitted my 2017/18 return, but it just doesn't seem to be the right thing to do. But that's JMHO. SteveT: What effect would leaving #45 out of your calculation have on the 47% you reported?
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SteveT
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Post by SteveT on Apr 9, 2017 8:19:46 GMT
In view of the full recovery of #45 just two days into the new tax year, ISTM that classifying all the capital I had in #45 as a 'loss' in 2016/17 and then classifying all that capital as 'income' in 2017/18 would cause an unnecessary huge distortion of my P2P income, so I don't intend to do it. I realise that I could save some tax for 2016/17 and not have to pay it until I submitted my 2017/18 return, but it just doesn't seem to be the right thing to do. But that's JMHO. SteveT : What effect would leaving #45 out of your calculation have on the 47% you reported? It would drop it to about 35%. Whilst I understand your logic, surely platforms must apply HMRC's guidance and definitions, else there will be mass confusion. If AC were to ignore the fact that #45 was irrecoverable (as defined by HMRC) at end of 16/17 before being recovered in full in early 17/18, where do they draw the line? If another "irrecoverable" loan recovers in full in 2 weeks' time, is that then to be left out too? If a loan only formally entered "legal recovery procedures" on 6th or 7th April, should that be added in if moves to appoint Receivers were already underway on the 5th? Any lenders that had already submitted their tax return and applied SAIM 12050 correctly would be left high and dry, and Recoveries figures in future tax years could be all over the place.
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duck
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Post by duck on Apr 12, 2017 10:15:40 GMT
To quote SAIM 1250 (my bolding) Whether a loan has become irrecoverable should be judged on a case by case basis, however as the loan will be managed by a platform, the platform would usually be in a position to determine when a loan has become irrecoverable. The platform would then inform the lender that the loan had become irrecoverable.
If the platform does not undertake this action, then the lender may still determine that the loan has become irrecoverable. However it will be the responsibility of the lender to show that there is no reasonable prospect of the recovery of the loan and it is NOT simply a case of late payment.
I performed the task myself at the end of the 15-16 tax year and I am doing it again for 16-17 for the platforms that have not provided the information. I am yet to perform the task for AC but I can think of at least one MILA loan that certainly qualifies. Taking up one of mikes1531 points implementing SAIM 1250 does provide some 'interesting' figures. Due to my policy of selling loans on FS my deemed loan losses are greater than income, with Bondora losses are far greater than income even when you include the adjustment against last years deemed losses and in spite of nearly being out of FC my claimable losses are greater than income. My accountants are going to love me when I present the figures
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pikestaff
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Post by pikestaff on Apr 12, 2017 16:16:46 GMT
...I performed the task myself at the end of the 15-16 tax year and I am doing it again for 16-17 for the platforms that have not provided the information...
I would suggest waiting until the platforms provide their official tax information, which should be by the end of May. When they do, I'm hoping most will provide their version of tax losses and recoveries. Whether there will be much consistency is a another matter...
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duck
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Post by duck on Apr 12, 2017 18:48:41 GMT
...I performed the task myself at the end of the 15-16 tax year and I am doing it again for 16-17 for the platforms that have not provided the information...
I would suggest waiting until the platforms provide their official tax information, which should be by the end of May. When they do, I'm hoping most will provide their version of tax losses and recoveries. Whether there will be much consistency is a another matter... Fair point, actually I am holding back until June so see if there is any 'reaction' by HMRC to my claim last year, the year clock is still ticking on that one. Yes it would be good to think that the platforms will get their act together (there are of course a few who have already and I applaud their actions) but if not I have everything preserved at 5/4/17 and numbers are now waiting.
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jonah
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Post by jonah on Apr 12, 2017 20:18:49 GMT
...I performed the task myself at the end of the 15-16 tax year and I am doing it again for 16-17 for the platforms that have not provided the information...
I would suggest waiting until the platforms provide their official tax information, which should be by the end of May. When they do, I'm hoping most will provide their version of tax losses and recoveries. Whether there will be much consistency is a another matter... Is May a specific deadline? I wasn't aware there was a target platforms had to meet. Personally I want to get my paperwork sorted soon, but getting it 'right ' in may is soon enough.
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mikes1531
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Post by mikes1531 on Apr 12, 2017 21:25:22 GMT
Due to my policy of selling loans on FS my deemed loan losses are greater than income, with Bondora losses are far greater than income even when you include the adjustment against last years deemed losses and in spite of nearly being out of FC my claimable losses are greater than income. My accountants are going to love me when I present the figures Do I understand correctly that we ought to be able to offset income from one P2P platform with losses from another? And that we have to carry forward any net loss on all our platforms combined rather than being able to use it to offset any non-P2P income? I do realise that other forum users are not qualified to give tax advice -- to me or anyone else here -- so I'm just looking for indications of what other people think is the way things work.
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pikestaff
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Post by pikestaff on Apr 12, 2017 22:27:50 GMT
I would suggest waiting until the platforms provide their official tax information, which should be by the end of May. When they do, I'm hoping most will provide their version of tax losses and recoveries. Whether there will be much consistency is a another matter... Is May a specific deadline? I wasn't aware there was a target platforms had to meet. Personally I want to get my paperwork sorted soon, but getting it 'right ' in may is soon enough. I thought it was May. However, based on paragraph 3.4 of the below link, the deadline for platforms to report to HMRC would appear to be the end of June. www.gov.uk/government/uploads/system/uploads/attachment_data/file/513219/oi_guidance_note_2016_17.pdf
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ilmoro
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'Wondering which of the bu***rs to blame, and watching for pigs on the wing.' - Pink Floyd
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Post by ilmoro on Apr 12, 2017 23:13:41 GMT
Due to my policy of selling loans on FS my deemed loan losses are greater than income, with Bondora losses are far greater than income even when you include the adjustment against last years deemed losses and in spite of nearly being out of FC my claimable losses are greater than income. My accountants are going to love me when I present the figures Do I understand correctly that we ought to be able to offset income from one P2P platform with losses from another? And that we have to carry forward any net loss on all our platforms combined rather than being able to use it to offset any non-P2P income? I do realise that other forum users are not qualified to give tax advice -- to me or anyone else here -- so I'm just looking for indications of what other people think is the way things work. Yes, correct. IMO non expert, non advisory, it runs as follows 1. Loans on the same platform that became irrecoverable after 6 Apr 2016 will automatically be offset against interest earnt on that platform and doesnt have to be claimed 2. For loans on a platform that became irrecoverable between 6 Apr 15 & 5 Apr 16 relief can be claim against interest earnt on the same platform though tax return 3. For loans on a platform that became irrecoverable after 6 Apr 15 relief can be claimed against interest earned on a different platform if there is excess releif over and above the interest earned on the same platform. Cliam through tax return. 4 If loans on all platforms that became irrecoverable after 6 Apr 15 provide relief in excess to all interest earned on P2P platforms that relief can be carried forward up to 4 years for use against P2P interest earned. it cant be used against non P2P interest. Obviously for any loans that platforms havent identified as becoming irrecoverable but can be treated as irrecoverable claim for relief would have to be made through tax form as info wouldnt be supplied by platform. Also as has been pointed out, platforms dont have to feedback until June, so if you want to get tax back earlier you would have to claim the relief for all loans through tax return I assume. See the various worked examples p12 onwards here
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SteveT
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Post by SteveT on Apr 13, 2017 7:00:41 GMT
Good find. Odd though that "peer to peer" loans / lending (in HMRC speak) are mentioned nowhere in the document. I wonder if there is perhaps another HMRC reporting process that covers interest paid by P2P platforms.
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pikestaff
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Post by pikestaff on Apr 13, 2017 9:42:51 GMT
Good find. Odd though that "peer to peer" loans / lending (in HMRC speak) are mentioned nowhere in the document. I wonder if there is perhaps another HMRC reporting process that covers interest paid by P2P platforms. I'm pretty sure that the powers under which HMRC collects data from the platforms are those mentioned in para 2.2 of the guidance, and AFAICS there are only the two types of interest return: the BBSI return for bank and building society interest, and the OI return for other interest. Of the two, the OI return seems the more appropriate. There may be supplementary guidance for the platforms but I've not been able to find it. The normal deadline for both returns is the end of June and I'd be surprised if the platforms had a different deadline, even if their process is different.
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SteveT
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Post by SteveT on Apr 19, 2017 16:06:14 GMT
I'll come back to you on this. Technically, the files where losses will occur or are likely are still open so the loss is yet to crystalise. Let me come back to you. andrewholgate, when do you think we will have clarity over AC's approach to 2016/17 tax statements and the HMRC guidelines on offsetting capital tied up in loans that have entered "legal recovery procedures" against P2P interest earned in the year? Thanks.
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Post by andrewholgate on Apr 20, 2017 7:51:17 GMT
Next few days.
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