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  1. shrinking economy prompts fresh warnings over ‘double dip threat’

    January 27, 2011 by Shirley1

    The UK economy shrank by 0.5% in the last three months of 2010, according to new figures from the Office of National Statistics (ONS).

    The shock contraction has been attributed, in part, to the severe weather during the month of December.

    However, the ONS said that growth would still have been ‘flattish’ after the impact of the snow and ice was removed, while some business leaders have warned that there are other underlying factors behind the fall.

    Analysts had predicted growth of between 0.2% and 0.6% in last quarter of 2010.

    Chancellor George Osborne said the figures were ‘disappointing’ but he insisted that   changing the fiscal plan would ‘plunge Britain back into a financial crisis’.

    Meanwhile, the Forum of Private Business (FPB) is arguing that the Government’s ‘slow movement’ on policies to improve access to finance is the ‘real reason’ behind the risk of a ‘double dip’ recession.

    ‘Following the mini economic revival we have experienced recently, these figures might be seen as surprising, but small businesses have warned for some time that we are far from being out of the woods,’ said the Forum’s Senior Policy Adviser, Alex Jackman.

    ‘Clearly, the harsh winter weather, costing the economy an estimated £230 million per day at its worst, has been one factor but still not enough has been done to remove the shackles created by tax, red tape and the continued lack of affordable funding preventing SMEs from growing, creating jobs lost in the public sector and driving real, sustained economic recovery.’

    He added: ‘Unless that changes, and changes quickly, there remains a very real threat of a ‘double dip’ recession and that could spell disaster’.


  2. employers to be ‘named and shamed’ for nmw breaches

    by Shirley1

    Employers who pay their staff less than the National Minimum Wage (NMW) risk being ‘named and shamed’, following the introduction of a new scheme earlier this month.

    Rogue employers who deliberately flout the NMW legislation will now have their breaches publicised in a press release by the Department for Business, Innovation and Skills (BIS).

    The Government hopes the new policy, which came into effect on 1 January 2011, will raise awareness of NMW enforcement and deter employers who would otherwise be tempted to breach NMW law.

    However, the BIS said the naming scheme was not an alternative to prosecutions.

    In deciding whether to name an employer, the BIS will consider, among other things, whether the employer:

    • Knowingly or deliberately failed to comply with its NMW obligations
    • Failed to take adequate steps to keep or preserve NMW records
    • Delayed or obstructed a NMW compliance officer in the performance of their duties
    • Refused or neglected to answer questions put to them by a NMW compliance officer
    • Refused or neglected to provide information or produce documents to a NMW compliance officer
    • Neglected to pay arrears of NMW to workers following HMRC intervention.

    HMRC will not refer cases to the BIS unless the total arrears owed to workers is at least £2,000 and the average arrears per worker is at least £500.

    More information on the scheme is available here.


  3. warning over empty property rate charges

    by Shirley1

    A leading business group is warning that landlords could be in for a shock when changes to the empty property rates exemption take effect later this year.

    Following exemptions introduced in 2009, business rates are not currently payable where the rateable value of the empty property is £18,000 or below.

    However, with this threshold set to revert to £2,600 from April, the Federation of Small Businesses (FSB) has argued that the change could add to the burden on firms in a challenging economic climate.

    ‘The Government has said that small businesses have a vital role in driving economic growth and getting the recovery on a firm footing, yet for some businesses this additional tax could tip the balance and force them into insolvency,’ said Roger Culcheth, the FSB’s Local Government Policy Chairman.

    The organisation has also voiced concerns over the Government’s decision not to re-introduce a 50% relief, arguing that small firms will be ‘worse off than they were prior the 2009 change’.

    ‘We urge the Government to look closely at this matter and, at the very least, allow the business to claim Small Business Rate Relief,’ added Mr Culcheth.

    Business rates are payable by the occupiers of non-domestic property such as offices, shops, warehouses and factories in England and Wales. More information and details of the current rates can be viewed on the Business Link website.

    Do contact us if you need further help or advice on this subject.


  4. managed service companies (msc)

    January 26, 2011 by Shirley1

    New legislation on MSCs was introduced in the Finance Act 2007, with a view to targeting certain structures which had, in theory, avoided the IR35 rules. 

    An MSC is a company (which includes any body corporate or partnership):

    • whose business consists wholly or mainly of providing the services of an individual worker to others; an
    • where the individual (or an associate) receives the greater part of the monies received in respect of the services provided by the worker; and
    • the way in which those payments are made would result in the individual receiving (net of tax and National Insurance) an amount greater than that which would have been received (net of tax and National Insurance) if the payments were treated as employment income; and
    • an MSC Provider (or associate) must be involved with the company

    msc provider

    An MSC Provider is defined as a person who carries on a business of promoting or facilitating the use of companies to provide the services of individuals.

    involvement with the company

    An MSC Provider is said to be involved with the company where the Provider (or an associate):

    • benefits financially, on an ongoing basis, from the provision of the services of the individual; or
    • influences or controls the provision of those services; or
    • influences or controls the way in which payments to the individual (or associates of the individual) are made; or
    • influences or controls the company’s finances or any of its activities; or
    • gives (or promotes) an undertaking to make good any ‘tax loss’.

    The Guidance Notes issued by HMRC stress that ‘influence’ is not merely the provision of advice and list indicators of services which would generally not constitute being involved, such as:

    • Company formation and set up
    • Acting as a registered office
    • Providing advice only on whether IR35 applies to a particular engagement
    • Providing advice only on remuneration packages and expenses claims
    • Operating a payroll service

    The Guidance Notes also list indicators of services that would generally constitute being involved with a client company:

    • Providing a standardised package where not all the income of all the persons working through the company is treated as employment income
    • Being a director or company secretary
    • Managing the company’s bank account or finances through a separate account
    • Charging fees based on the number of invoices raised/payroll runs, where this represents a link to the provision of the services of the worker

    There are statutory exemptions for the normal activities of professional advisers such as accountants, lawyers and employment agencies. However, the exemption ceases to apply where their business substantially involves marketing and/or promoting ‘personal service companies’.

    deemed employment payments

    An MSC will have to operate PAYE and Class 1 NIC on all payments caught by the above rules. 

    The payments are adjusted for any amounts already treated as earnings by the MSC, and may be adjusted for any expenses that would be tax-deductible if the worker had been employed directly by the company’s client and had paid the expenses from his taxable earnings.  This wording is designed to ensure that travel costs to the client’s premises, and associated accommodation and subsistence costs, will not be tax-deductible.

    The resulting payment after allowable expenses represents the deemed employment payment and the employers NIC thereon. 

    MSC Providers should note that they have a potential liability for any unpaid PAYE and NIC liabilities of any MSC with which they are ‘involved’.

    Personal Service Companies which are not MSCs continue to fall within the Intermediaries legislation (commonly known as “IR35”).

    Do contact us if you would like further help or advice on this subject.

    The content of this document is intended for general guidance only and, where relevant, represents our understanding of current law and HM Revenue and Customs practice. Action should not be taken without seeking professional advice. No responsibility for loss by any person acting or refraining from action as a result of the material in this document can be accepted and we cannot assume legal liability for any errors or omissions this document may contain


  5. could your business survive without you?

    by Shirley1

    As accountants and business advisers we get to know our clients very well. From our position, it is all too clear to us that many clients are too focused on ‘today’ to give serious thought to the future, and in particular to a future in which they will not play a part.
     
    While the immediate challenges facing you in your business and personal life are undoubtedly important, you should also set aside some time to consider what would happen to your family and to your business if you became seriously ill, or were killed or incapacitated in an accident.

    It is possible to take out life assurance, and insurance against loss of earnings, but whatever event might trigger your removal from an active role in your business, whether permanent or temporary, you need to consider what steps you should take. As a business owner, you have responsibilities to staff and customers, too. Insurance can cover the immediate financial loss, but only some form of succession plan can create a structure to pass the management and control of your business into one or more safe pairs of hands.

    taking over the reins

    If you are the sole owner of a business, you may wish to think about bringing family members into the management team if you want them to continue to be involved in running the business. If family members are not suitable, consider ways to ensure that key staff members can be retained and empowered to run the business, securing their own futures as well as those of your family. If the business cannot survive without you, are there steps you can take to maximise any value in the business, which can provide capital or an income in the future? If you are a co-owner of a business, the same basic points arise, though you will have the advantage of the co-owners’ interest in continuing a successful business in your absence.

    An essential element in a business or personal ‘disaster’ plan is that the key people need to know in advance what will be expected of them, and be comfortable with it. Once you have a clear idea of how you see matters developing, talk it through with the family members, colleagues and advisers who will have a role. Some people may feel unable to take a formal role – others may show hidden strengths.

    lasting power of attorney

    One thing many people still overlook in planning for a crisis is that while they will have appointed executors who can step in immediately to manage their affairs if they are killed, in cases where they are only ill or injured no-one is empowered to act for them. A lasting power of attorney formalises the situation, so that in the event that you are unable to manage your affairs, someone you trust can take over until you recover, or are well enough to resume control.

    None of us knows what is around the corner. We can help you to formulate your own disaster plan – it is essential that you talk to us about what you can do now to protect yourself, your family and your business if the unthinkable happens.

    Do contact us if you would like further help or advice on this subject.

    The content of this document is intended for general guidance only and, where relevant, represents our understanding of current law and HM Revenue and Customs practice. Action should not be taken without seeking professional advice. No responsibility for loss by any person acting or refraining from action as a result of the material in this document can be accepted and we cannot assume legal liability for any errors or omissions this document may contain


  6. companies – getting the timing right

    by Shirley1

    The timing of certain payments and receipts of income is crucial for tax purposes. By moving a date of payment or receipt by just a few days either side of the company’s year end, you can reduce the tax bill and defer payment until the next tax year.

    do

    • Ensure that charges on income (for example, annuities and royalties) are paid before the year end
    • Ensure that any provisions made are against specific costs, not a general estimate
    • Ensure that any pension contributions are paid before the year end
    • Consider whether any additional remuneration/bonuses should be voted to directors in respect of the current accounting period (these can be paid up to nine months after the year end)
    • Ensure that you value stock and work in progress taking into account any reduction arising as a result of obsolescence
    • Plan to bring forward any capital expenditure into the current accounting period

    don’t

    • Sell assets such as property or shares that will give rise to a large chargeable gain, until after the company’s year end
    • Forget the effect this will have on your accounts as if you reduce your profits, the bank manager may wonder if that lending was such a good idea after all!
    • Sell assets on which capital allowances have been claimed until after the year end

    Do contact us if you would like further help or advice on this subject.

    The content of this document is intended for general guidance only and, where relevant, represents our understanding of current law and HM Revenue and Customs practice. Action should not be taken without seeking professional advice. No responsibility for loss by any person acting or refraining from action as a result of the material in this document can be accepted and we cannot assume legal liability for any errors or omissions this document may contain


  7. audit exemption

    by Shirley1

    The annual turnover threshold which exempts most companies from a statutory audit is £6.5 million.

    Historically, audits were seen as the ‘cost’ companies had to pay for the privilege of limited liability. Audits provide reassurance to shareholders, lenders and creditors that the annual accounts are reliable. Companies House confirms that a very high proportion of the complaints it receives are about the credibility of filed accounts from audit-exempt companies.

    However, small companies still have to produce full statutory accounts, so there remains scope for cutting more ‘red tape’. The accounting requirements for smaller companies remain under review.

    Not all companies with turnover under £6.5 million come within the new audit exemption provisions, because there are criteria other than turnover. In particular, companies not classed as small or whose total assets exceed £3.26 million must still have an audit. Public companies and those carrying on particular types of business, such as those coming within the scope of the Financial Services and Markets Act 2000, will remain subject to an audit.

    Shareholders can require that an audit is carried out, for example if they are not involved in the day-to-day running of the business and require reassurance that their investment is being properly looked after.

    small and medium-sized company thresholds

    A small company is normally one that meets two or more of the following criteria for the current and previous year:

    • Turnover not more than £6.5 million
    • Balance sheet total not more than £3.26 million
    • Not more than 50 employees

    A medium-sized company will be one that meets two or more of the following criteria:

    • Turnover not more than £25.9 million
    • Balance sheet total not more than £12.9 million
    • Not more than 250 employees

    limited liability partnerships (llps)

    Similar audit exemption rules apply to LLPs.

    the way forward

    The existence of audit exemption makes it more attractive for sole traders and partnerships to consider setting up a company to gain the protection of limited liability. However, there are tax consequences of such a change and it is important to seek our advice on these matters.

    Do contact us if you would like further help or advice on this subject.

    The content of this document is intended for general guidance only and, where relevant, represents our understanding of current law and HM Revenue and Customs practice. Action should not be taken without seeking professional advice. No responsibility for loss by any person acting or refraining from action as a result of the material in this document can be accepted and we cannot assume legal liability for any errors or omissions this document may contain


  8. associated companies and the marginal rate

    by Shirley1

    In between the small profits rate of corporation tax (20%) which applies up to profits of £300,000 and the main rate (26%) which applies to profits over £1,500,000, lies the ‘marginal rate zone’. This is the band where an effective composite rate of 27.5% is applied to ensure a smooth transition between the 20% and 26% thresholds. This can be demonstrated by calculating the tax at different levels of profit:

    Profit  £600,000  £900,000  £1,200,000  £1,500,000
             
    £300,000 at 20% £60,000  £60,000  £60,000  £60,000
    Balance at 27.5%  £82,500  £165,000   £247,500  £330,000
      —————
    £142,500
    —————
    —————
    £225,000 
    —————
    ——————
    £307,500 
    ——————
    —————–
    £390,000
    —————–
             
    Overall rate of tax  23.75% 25% 25.625% 26%

                      

    Companies are understandably anxious to avoid having any of their profits tripping over the £300,000 threshold and therefore being taxed at the marginal rate of 27.5%. Some time may be spent in attempting to control the timing of sales and expenses, especially near the accounting year end.

    The thresholds are annual limits and they are scaled down for accounting periods of less than a year, but they are also scaled down if there are ‘associated companies’ carrying on any trade or business at any time during the accounting period.

    If the company has one associated company, then the thresholds are halved with the lower limit becoming £150,000 (and the higher limit £750,000). For companies with two associated companies the thresholds are divided by three and the lower limit reduces to £100,000, and so on.

    This can present real problems when the companies are likely to have fundamentally different profit levels. So, for example, three companies associated with each other could have profits totalling £270,000, split as follows:

    Profit £20,000 £200,000 50,000
    First £100,000 at 20% £4,000 £20,000 £10,000
    Balance at 27.5% £    -      £27,500 £      -     
    Tax £4,000 £47,500 £10,000

    The total tax is £61.500, compared with a single company paying £54,000 on profits of £270,000.

    So what are associated companies? They may be either members of the same group or companies controlled by the same persons.

    With effect for company accounting periods ending on or after 1 April 2011, companies will no longer be held to be associated by mere accident of circumstances. They will be treated as under common control (and thus associated) only where substantial commercial interdependence exists between them.

    The moral of all this is ‘think twice before you set up a lot of separate companies’.  There may be compelling reasons for doing so, but it’s worth considering operating a number of ‘divisions’ within a single company.

    Do contact us if you would like further help or advice in this area.

    The content of this document is intended for general guidance only and, where relevant, represents our understanding of current law and HM Revenue and Customs practice. Action should not be taken without seeking professional advice. No responsibility for loss by any person acting or refraining from action as a result of the material in this document can be accepted and we cannot assume legal liability for any errors or omissions this document may contain


  9. interest and tax payments

    by Shirley1

    HM Revenue & Customs charges interest on underpayments of tax, and pays interest (repayment supplement) on overpayments. The rate of interest paid on overpaid tax is lower than the rate charged on underpayments, and interest rates are adjusted in line with commercial interest rates.

    Detailed calculation of interest and supplement are not shown on Statements of Account, so it is worth checking when these items are large. These items may be viewed in your HMRC online account.

    income tax and capital gains tax – self assessment

    Interest is charged on underpaid payments on account and balancing payments from the due date to the date of payment. Repayment supplement is paid from the date of overpayment to the date the repayment is issued. The interest or supplement is based on the final amount of tax and Class 4 national insurance contributions, taking into account all later adjustments.

    Interest is also payable on late-paid penalties and surcharges (but not on interest!).

    For individual taxpayers interest charged by HM Revenue & Customs is not tax-deductible, but neither is interest paid by HM Revenue & Customs taxable income.

    corporation tax – self assessment

    Similar principles apply with regard to corporation tax. However, interest rates are not necessarily the same as those applying to income tax and capital gains tax. In addition, there are different rates of interest for companies required to make quarterly payments of corporation tax.

    In contrast to the position with personal taxpayers, under corporation tax self assessment interest charged is allowed against company profits and interest received is treated as taxable income.

    typical interest rates

    As mentioned above, interest rates move with commercial rates. The rates since 29 September 2009 have been as follows:

      Income
    and
    Capital Gains Tax  
     Corporation Tax
    Underpaid Tax  3.0% pa  3.0% pa
    Overpaid Tax  0.5% pa  0.5% pa

     

    Do contact us if you need further help or advice on this subject.

    The content of this document is intended for general guidance only and, where relevant, represents our understanding of current law and HM Revenue and Customs practice. Action should not be taken without seeking professional advice. No responsibility for loss by any person acting or refraining from action as a result of the material in this document can be accepted and we cannot assume legal liability for any errors or omissions this document may contain


  10. husband and wife businesses

    by Shirley1

    HM Revenue & Customs has shown great interest in businesses where both spouses are owners (either as shareholders or partners) but one spouse is considerably less active within the business than the other.

    Their weapon was the settlements legislation which HM Revenue & Customs will seek to apply where one spouse (the settlor) enters into an arrangement to divert income to the other spouse and in the process tax is saved.  There has to be an element of bounty (i.e. “something for nothing”).

    Section 660A of the Taxes Act applies to arrangements where the settlor or the settlor’s spouse retain an interest in the settlement (such as the right to some of the income). It is this part of the legislation that has been brought into the public eye recently. 

    On the face of it, all transfers between husbands and wives could potentially be settlements. However, there is a statutory exemption where property passed to a spouse is an outright gift, unless

    • the gift does not carry the right to the whole of the income arising (i.e. income could still be payable to either spouse), or
    • a gift between spouses is wholly or substantially a right to income

    The legislation is not new, but was originally enacted in the 1930s and brought up to date in the 1990s.

    legal testing

    The well publicised case of Jones v Garnett (Arctic Systems Ltd) was decided in the taxpayers’ favour. The House of Lords found that, although the wife’s share in the company was a settlement, it was not caught because it had been an outright gift.

    The Government announced that they would introduce new legislation on “income shifting” from April 2008. However, that has now been postponed indefinitely.

    In the meantime, it may be helpful to consider the basic situations which may involve income shifting:

    • Main earner drawing a low (non-commercial) salary leading to enhanced profits from which dividends can be paid to spouse shareholder.
    • Differing classes of shares enabling dividends to be paid only to spouse paying lower rates of tax.
    • Dividends being waived so that higher dividends can be paid to spouse paying lower rates of tax.
    • Dividends paid on shares that carry only restricted rights.

    Income shifting is less likely to be in point:

    • If the shares have considerable capital value
    • If the main earner draws a commercial salary before dividends are declared

    If income shifting is proven:

    The income of the lower taxpayer is taxed as income of the donor of the gift (the settlor).

    commentary

    Until the Arctic Systems case was finalised the application of the settlements legislation was largely untested. Several anomalies had been put forward:

    • settlements by husbands on wives (and vice versa) are subject to rules which do not apply to settlements between any other relatives or friends. It is therefore discriminatory against married couples
    • this approach contrasts sharply with the freedom available to married couples or civil partners in transferring assets between themselves without any capital gains or inheritance tax liabilities
    • HM Revenue & Customs are seeking to extend the application to partnerships, even though a partnership share is not a transferable asset
    • unlike the view taken by divorce courts, HM Revenue & Customs stated approach completely ignored the sacrifices that may be made by the “non-working” spouse in enabling the business to function at all
    • for instance agreement to personal (matrimonial) assets being pledged as security for the purposes of the family business, as well as looking after the home and children etc
    • ordinary shares do not carry with them a “right” to income; they carry a right to participate with other shareholders in the running of the company and to share in whatever assets remain in a winding up
    • although shares transferred to a spouse may be considered to be substantially a right to income in the early days of a company, a successful company may well grow so that eventually the capital value of the shares may greatly outweigh the dividends received

    prevention

    • a stronger position may be created if husband and wife both subscribe for shares when the company is formed and both are directors from the outset
    • make sure all shares carry voting and capital rights
    • there is an argument for husband and wife receiving equal directors fees rather than salaries and therefore not being employees, particularly if this is evidenced by a commercial agreement
    • the position is also strengthened if husband and wife receive equal dividends
    • aim to have the “non-earning” spouses involved in the business as much as is practical, thereby giving full value for any money received
    • a company with substantial assets which generate income, or retained profits, is not so likely to be caught

    Do contact us if you need further help or advice on this subject.

    The content of this document is intended for general guidance only and, where relevant, represents our understanding of current law and HM Revenue and Customs practice. Action should not be taken without seeking professional advice. No responsibility for loss by any person acting or refraining from action as a result of the material in this document can be accepted and we cannot assume legal liability for any errors or omissions this document may contain


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