This report covers the rates and thresholds set for 2019/2020 by Scotland’s parliament and the relationship between what is a ‘Scottish taxpayer’ and ‘close connection’
To subscribe to GMS Flash Alert, fill out the subscription form.
On 19 February 2019, the Scottish parliament set the income tax rates and bands that will apply to relevant income of Scottish taxpayers for 2019/20.1 The proposals set out in the Scottish Draft Budget in December 2018 have now been confirmed.2
There will be no changes to the Scottish rates of income tax for 2019/20.3 The thresholds at which the basic and intermediate rates of income tax apply will rise in line with inflation, but the higher- and top-rate thresholds will be frozen. As the higher-rate threshold will increase for other U.K. taxpayers, the differential between the higher-rate taxpayers in Scotland and those in the rest of the U.K. will increase.
Separately, minor changes were made to the criteria that determine Scottish taxpayer status in light of income tax rate setting powers for Welsh taxpayers being devolved to the National Assembly for Wales from 6 April 2019. These changes prevent an individual from being both a ‘Scottish taxpayer’ and a ‘Welsh taxpayer’ in the same U.K. tax year.
International assignment cost projections and budgeting should reflect the rates and bands that will apply to Scottish taxpayers where relevant – this includes international assignees to Scotland, subject to U.K. income tax based on the Scottish rates and bands, and U.K. assignees overseas who are equalised by reference to the Scottish rates and bands. Where appropriate, adjustments to gross-up packages and withholding taxes may need to be considered.
Her Majesty's Revenue and Customs (HMRC) will notify employers of the ‘Scottish taxpayer’ status of their employees for most payroll withholding purposes. However, employers will be required to determine whether individuals included on a Modified Payroll scheme are Scottish taxpayers.
Employers will also need to take account of Scottish rates of income tax when calculating the tax due under a pay as you earn (PAYE) Settlement Agreement (to pay income tax on employees’ behalf on minor or irregular benefits).
The tax bands and rates that apply to relevant income of Scottish taxpayers from 6 April 2019, are shown below.4 These assume that the taxpayer receives the standard U.K. Personal Allowance for 2019/20. Those with adjusted net income of more than £100,000 will have their Personal Allowance reduced by £1 for every £2 of income over £100,000.
|Band||Range||Maximum taxable income||Rate|
|Starter||Above £12,500 to £14,549||£2,049||19%|
|Basic||Above £14,549 to £24,944||£10,395||20%|
|Intermediate||Above £24,944 to £43,430||£18,486||21%|
|Higher||Above £43,430 to £150,000||£106,570||41%|
Source: KPMG LLP, United Kingdom
In summary, an individual will be a ‘Scottish taxpayer’ for a particular U.K. tax year if he or she is U.K. tax resident and has a ‘close connection’ with Scotland based on the location of his or her place of residence. U.K.-source income received by non-U.K. tax residents will be subject to U.K. income tax based on the main U.K. rates and bands, regardless of whether or not that income might be regarded as originating in Scotland.
From 6 April 2019, an individual who cannot establish a ‘close connection’ with any part of the U.K. (i.e., England, Northern Ireland, Scotland, or Wales) based on his or her place of residence will be a ‘Scottish taxpayer’ if he or she spends more days in Scotland than in each of England, Northern Ireland, and Wales, each considered separately. Prior to 6 April 2019, an individual will be a Scottish taxpayer under this ‘day counting test’ if he or she spends at least as many days in Scotland as in the rest of the U.K. combined.
It might therefore be necessary to count days spent in Scotland during a U.K. tax year in order to establish whether or not an individual is a ‘Scottish taxpayer’.
Employers should make sure that their payroll systems are able to accommodate the new tax bands and rates from 6 April 2019, and that, where required, they are able to identify – amongst their international assignee and cross-border employee population – Scottish taxpayers correctly (including implementing arrangements to record days spent in Scotland).
1 For more details, see the Scottish government Web page ‘Scottish income tax: 2019-2020’ by clicking here.
2 For KPMG in the U.K.’s coverage of the Scottish Draft Budget 2019/2, click here.
4 For last year’s report on the setting by Scotland’s parliament of income tax rates and bands that apply to relevant income of Scottish taxpayers for 2018/19, see GMS Flash Alert 2018-035, 21 February 2018.
The information contained in this newsletter was submitted by the KPMG International member firm in the United Kingdom.
© 2019 KPMG LLP, a UK limited liability partnership, and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative, a Swiss entity. All rights reserved.
KPMG International Cooperative (“KPMG International”) is a Swiss entity. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm.
Flash Alert is an Global Mobility Services publication of KPMG LLPs Washington National Tax practice. The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.