The new regime for dividends and interest
    From 6 April 2016, new dividend and savings  allowances are introduced together with revised rates of taxation on dividends.  In a changing landscape for personal tax, it is crucial to understand the  opportunities and pitfalls in the new regime.
 What is the new regime?
 Dividend income
 When dividends are received by an individual  on or after 6 April 2016 the amount received is the  gross amount subject to tax, with the previous 10% tax credit now having been  abolished. In addition, a Dividend Allowance (DA) means that the first £5,000  of dividends are charged to tax at 0%. Dividends received above this allowance  are taxed at the following rates:
  - 7.5% for basic rate taxpayers
- 32.5% for higher rate taxpayers 
- 38.1% for additional rate  taxpayers.
Dividends within the allowance still count  towards an individual’s basic or higher rate band and so may affect the rate of  tax paid on dividends above the £5,000 allowance.
 Dividends are treated as the top slice of  income. So personal allowances and the basic rate tax band are first allocated  against other income.
  
    | Example
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    | Mr A has non-dividend income of £40,000 and    receives dividends of £9,000. The non-dividend income is taxed first. Of the    £40,000 non-dividend income, £11,000 is covered by the Personal Allowance,    leaving £29,000 to be taxed at the basic rate.The basic rate band for 2016/17 is £32,000    so this leaves £3,000 of dividend income that is within the basic rate limit    before the higher rate threshold is crossed. The DA covers the £3,000,    leaving £2,000 of the DA to be used for the dividends in the higher rate    band.
 The remaining £4,000 of dividends fall in    the higher rate tax band and are therefore taxed at 32.5%.
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Savings income
 For 2016/17 some individuals qualify for a 0%  starting rate of tax on savings income up to £5,000. However this rate is not  available if non-savings income (broadly earnings, pensions, trading profits  and property income) exceeds the starting rate limit.
 A new Savings Allowance (SA) is available  from 2016/17 onwards, with savings income within the SA taxed at 0%. The amount  of SA depends on the individual’s marginal rate of tax. An individual taxed at  the basic rate of tax has an SA of £1,000 whereas a higher rate taxpayer is  entitled to an SA of £500. Additional rate taxpayers receive no SA.
 Savings income includes:
  - interest on bank and building society  accounts
- interest on accounts with credit unions or  National Savings and Investments
- interest distributions from authorised unit  trusts, open-ended investment companies (OEICs) and investment trusts
- income from government or corporate bonds
- most types of purchased  life annuity payments.
Is savings income received net or gross of tax?
 This is much more complicated than you may think.
 The introduction of the SA will mean that the  majority of taxpayers will not pay tax on their savings income. The government  has therefore removed the requirement (from 6 April 2016)  for banks and building societies to deduct tax from account interest they pay to customers.
 Some types of interest have always been  received without tax deduction at source and will therefore continue to be paid  gross. Interest on corporate bonds listed on the London Stock Exchange is paid  gross for example. However, in 2016/17 basic rate tax will still be deducted at  source from some forms of savings income such as interest distributions from  unit trusts and OEICs. The government proposes to remove this requirement from April 2017.
 Maximising your entitlement to the allowances
 There are winners and losers from the new  dividend regime but the Chancellor stated in his budget speech that “85% of  those who receive dividends will see no change or be better off”. How do the  changes impact on different levels of taxpayers?
 A basic rate taxpayer with dividend income up  to £5,000 is no worse off with the new DA but any dividends received above this  level lead to a higher tax charge as prior to April 2016 their tax liability  was covered by the dividend tax credit.
 For higher and additional taxpayers, there is  an initial tax benefit for dividends over £5,000 but as dividends increase  there is a higher level of tax than under the previous rules. The tipping point  for a higher rate taxpayer occurs when dividends received reach £21,666, as  past this amount the new regime results in a higher tax charge. For additional  rate taxpayers, the same principle is true but the amount at which the change  occurs is £25,400.
 Given the lower amount of SA, higher and  additional rate taxpayers could seek to maximise their use of the DA by moving  investments out of interest bearing investments to ones which pay out  dividends. This could be through direct shareholdings or through dividend distributing  equity funds in unit trusts or OEICs.
 In addition, assets held for capital growth  could be transferred to dividend paying investments. Any gains realised by the  investors on the sale of assets would be exempt up to the CGT exemption which  is £11,100 for 2016/17. Further gains over this amount are only charged to tax  at 20% for higher and additional rate taxpayers now that the CGT rates have  been reduced in the 2016 Budget.
 Pitfalls in the new regime
 Interaction between DA and SA
 If the amount of dividends an individual  receives is covered by the DA but those dividends would have meant that they  were higher rate taxpayers without the DA, then this would affect the amount of  SA they would receive. 
  
    | Example | 
  
    | Mrs B has a salary of £42,000, interest    income of £1,000 and dividends of £5,000. Although the dividends are covered    by the DA, Mrs B’s total income is £48,000 so she is a higher rate taxpayer.    She would therefore only receive £500 of SA against the £1,000 of interest    income. | 
Maximising interest could come at a cost 
 Taxpayers may be seeking high interest rates  to maximise the use of the savings allowance. However, the savings allowance is  a cliff-edge test, so if interest income on savings takes a taxpayer into the  higher rate band the amount of the allowance will reduce to £500 and similarly  will fall to nil for additional rate taxpayers.
  
    | Example
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    | In 2016/17, Mr C has non-savings income of    £42,000 and savings of £40,000 on which he is earning 2.5% per annum. The    interest income is therefore £1,000, giving total income of £43,000. As he is    a basic rate taxpayer the whole £1,000 will be tax free.If Mr C managed to get a higher rate of    2.7% on his savings, the interest would then be £1,080, taking his overall    income to £43,080. As a higher rate taxpayer, only £500 of the interest would    be tax free. Of the remaining £580, £500 would be taxed at 20% and £80 at 40%    giving a tax charge of £132. The additional interest income carries a 165%    tax charge!
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Check your coding
 Where savings income exceeds the SA, there  will be tax to pay on the excess. HMRC have indicated that they will normally  collect this tax by changing individual’s tax codes. To allow them to do this  they will use information from banks and building societies. However in some  cases HMRC have been overestimating the amount of interest people are likely to  earn and adjusting their coding accordingly. So it is worth checking coding  notices when they come through.
 Gift Aid donations
 The new allowances could also affect taxpayers  who make Gift Aid donations. A charity can reclaim the tax on a Gift Aid  donation only if the individual has paid the amount of tax being reclaimed.  Prior to April 2016 this would also have included dividend tax credits and tax  deducted at source on interest income.
 With the introduction of the SA and DA, any  income within these allowances is not taxed so the tax reclaim by the charity  does not relate to tax paid. Where this happens the individual is responsible  for ensuring that the donation is covered and HMRC have powers to recover any  shortfall from the taxpayer.
 So people with lower levels of income and  dividends or savings below the DA or SA amounts who make Gift Aid donations  could be affected. Individuals will need to withdraw any Gift Aid declarations  that they have made to ensure that they do not get hit with a tax bill.
 Planning for spouses
 The new regime may also mean it is time to  look at the allocation of investments between husband and wives or civil  partners. If just one partner has investments generating dividends or savings  it could be beneficial to transfer part of the investments to the other partner  to ensure they receive income which utilises their DA or SA. Any transfer of  assets between husbands and wives or between civil partners who are living  together can be made without any capital gains tax being  charged.
 With savings rates generally being at about  1.5% - 2% utilising the £1,000 basic rate SA would mean having interest earning  assets of between £50,000 and £66,667. For dividends, assuming an average yield  of 3%, the investment level would be £166,667 to fully utilise the £5,000 DA.
 What about ISAs?
 ISAs are not affected by the above changes so  any dividends or interest arising on investments within an ISA remain tax free.  Although the total amount an investor can save in an ISA is currently £15,240  this amount will increase to £20,000 from April 2017.
 Conclusion
 With more allowances available to taxpayers  it is important to make sure full use is being made of the tax free amounts.  There are a number of areas in this briefing where you may need specific advice  depending on the circumstances so please do not hesitate to contact us.