News & Updates

Welcome to our monthly newswire. We hope you enjoy reading this newsletter and find it useful.

 

Managing a Redundancy Process

 

In the current economic climate, it is increasingly likely that at some stage, you could have to manage a redundancy process.

 

In today’s uncertain business climate many firms face the possibility of having to reduce their operating costs. This means that many managers will have to run a redundancy process. Apart from being an unpleasant process to manage, it can also be a legal minefield. As such, it is important to follow the correct procedures. The redundancy process follows the stages outlined below:

 

Preparation

This includes assessing whether redundancy is actually necessary before starting the process. You should also identify your time frame and prepare the appropriate documentation.

 

Selection

This includes selecting the pool of people under consideration for redundancy. You will also need to determine the criteria to be used in selecting those individuals. It is important that the selection criteria is objective and can be applied equally and fairly across the workforce. For example, experience, capability, relevant skills and competence.

 

Individual Consultation

There are legal time frames regarding consultation depending upon the number of people being made redundant. In any case, it is important to explain why an individual has been selected and to consider alternative employment in the company.

 

Notice of Redundancy and Appeals

Always remember to write to your employee to inform them of the dismissal and allow them the right of appeal.

 

The Termination Process

All employees in the UK with more than two year’s service qualify for a statutory redundancy payment. Remember to provide the employees with a written record of how the statutory redundancy payment has been calculated.

 

Throughout the redundancy process, communication is absolutely key. Having determined the need for redundancies and selected the criteria, it is good practice to ensure regular and open communication. This will help you and your firm to show that you’ve conducted the process in a fair and equitable manner in accordance with required legislation. If you are unsure about any legal aspects of a redundancy process, it is best to seek legal advice from a suitable law firm.

 

Making the Most of Alumni Networks

Whether it’s your University classmates or the colleagues you trained with at your first firm, we all have an alumni network.

 

Your alumni network is an immense network of professional contacts – all with whom you already have one thing in common. That one thing could be a University that you attended, a previous employer or perhaps you took an evening study course together. How you are connected doesn’t really matter. The fact that you have a connection gives you the right to reach out to someone and make contact. After all, people tend to be more receptive to contact from someone from within their network.

 

LinkedIn is a useful tool for reaching out to and connecting with your alumni. You can search by University or by Employer and connect / re-connect with former colleagues. LinkedIn features some useful filters which can help you to find some of your old contacts by location, firm, etc. You can even set up a dedicated online group for your alumni network using the “Groups” page on LinkedIn. Members of your Group can post messages, updates and communicate easily.

 

Online tools are great but there is no substitute for meeting up with your contacts, in person. If there is an annual alumni event then try to attend it every now and then, in order to maintain your network. If not, perhaps you can create an annual alumni networking event. It might be as simple as booking a private area in a bar and sending an email invitation to your alumni network.

 

Another great way to tap into your alumni network is to share your professional expertise. You could create a business blog or even offer to give a talk. If your alumni network has a common interest such as say, business startups, you could put together a panel of speakers who provide insights to your group. It makes a lot of sense to invest in cultivating your alumni network yet many business people don’t make the time to do so. You could gain a real competitive advantage by taking the time to re-connect with your alumni.

 

Avoiding Burnout

 

In today’s “always-on” society, business owners and managers are under more pressure than ever.

 

Stress related workplace burnout is now recognised by the World Health Organisation (WHO) as an official medical diagnosis. Here are some tips to help to avoid burnout.

 

Manage your time

It’s impossible to sustain long-term happiness without appropriately balancing your professional and personal time. Avoiding burnout means using that time wisely, both now and in the future. Use an Outlook calendar or scheduling tool to keep close tabs on how you’re spending your time. Regularly assess your week: How much time are you spending in the office? How much work do you do at home? How much time do you have fully to yourself? If any of those numbers look out of line, that’s a sign that something needs to change.

 

Use your full holiday entitlement

A high proportion of business professionals don’t use all of their annual leave days and they’re paying the price for it. Time off work can provide a big boost to your productivity, creativity and overall job satisfaction. Working through your holiday might feel like the right thing to do for your career, but only increases the likelihood of burnout in the long run. Take holidays that will be good for your overall mental health – go somewhere relaxing and new. Even if it’s just to a nearby destination, a change of scenery can go a long way toward helping you gain perspective on where you’re at in life.

 

Separate work and home life

One of the most common ways burnout occurs is through work creep. When professional responsibilities start to creep into your out-of-office life, whether it’s in the evening, over the weekends or on holiday, that’s a sign that burnout is approaching. People who work from home are most susceptible as the dividing line between work and family time is merely a closed door. One way of avoiding creep is by disconnecting. If your phone and laptop are always on and at the ready while you’re at home, then you’ve never really left the office at all. Make an effort to fully unplug from the job when you’re on your own time, and you’ll notice a shift in how much you get from your time at home. Also, focusing your attention on different aspects of your life will help you feel more invigorated and creative when it’s time to work again.

 

Embrace remote working

On the same note, you can get a change of scenery without fully leaving work behind. While it’s important to completely disconnect during holiday time, working remotely can give your work the breath of fresh air it needs without fear of falling behind. Remote work has other benefits as well, such as increased productivity and a boost in company culture.

 

Taking a step back from the office allows you to work at your own pace and dictate your own style – and that can make a big difference in your overall job satisfaction. In order to make the most of your career, you need to be prepared to take a long term approach to how you work. Burnout cuts things short. Your career is a marathon, not a sprint.

 

Effective internal communication

 

Effective internal communication is key to creating an engaged workforce.

 

Effective communication between a company and its employees enables businesses to fully tap into the unique knowledge, insights, and talents of its people. Having an effective internal communication strategy can help to avoid misunderstandings. For example, if your firm is working on multiple, complex projects, a good internal communication strategy will help to avoid confusion and ensure that each team member knows what they need to do, what the deadline is, what the budget is, what is expected of them, etc.

 

Good communication flows both ways. As important as it is to give feedback to your employees, it’s also crucial to teach your team members to give feedback. The key to this is an open and trustworthy culture that encourages dialogue between teams and individuals. Managers need to be willing to listen to their people and learn from them. They can use this information to help their teams to understand their role and how it fits with the objectives of the firm.

 

Internal communication should be part of a weekly routine. Employees want regular, real-time updates. They want to understand how their efforts are contributing to the success of the firm. Where employees are based in one location, weekly team meetings may be the best way to manage your communications. However, if your people are working from another location or they are mobile, it may be preferable to use a technology platform such as sharepoint, yammer or even video updates.

 

Finally, it is important not to overwhelm your team with too much information. People are constantly bombarded with emails, phone calls and social media. Your internal communications shouldn’t add to this. Instead, keep it brief and include the high priority information first. You want your team members to be able to glance at the message, understand what’s being communicated and what action is required (if any). When it comes to internal communication, keep it simple, ensure that your team feel informed and always welcome their feedback.

 

Welcome to our monthly newswire, we hope that you find it useful. Please contact us if you wish to discuss any matters in this newsletter.

WHEN WILL BUDGET DAY BE NOW?

 

It was announced on 14 October that Sajid Javed’s first budget would be on 6 November but with a general election in December when will it be now?

 

The current political uncertainty makes it difficult to give clear tax advice as a number of key proposals in the draft Finance Bill scheduled to take effect from April 2020 might not now take place, due to the December general election.

The key tax measures “in limbo” until legislated in Finance Act 2020 are:

– Extending the “off-payroll” working rules to the private sector

– Restricting R&D repayable credit for SMEs

– Limiting CGT private residence and lettings reliefs

– The proposed 2% reduction in P11d car benefits

The “off-payroll” working rules will almost certainly proceed, even if not from 6 April 2020, and thus businesses and workers affected should prepare for the planned changes. Contact us if you need help in assessing the likely impact on your business.

 

APPLY FOR MORE TIME FOR MTD DIGITAL LINKS

 

For VAT periods starting on or after 1 April 2020 (or 1 October 2020 for deferred businesses) your accounting systems must use digital links for any transfer or exchange of data between software programs, products or applications used as functional compatible software. That is the end of the current 12 month “soft landing” extension.

Businesses with complex or legacy IT systems may require a longer period to put digital links in place. These businesses can apply to HMRC for additional time to put the required digital links in place. If your business qualifies then the additional time will be granted as a specific direction from HMRC.

If, for example, your company purchases another business it may take additional time to digitally link different software applications or packages to meet the MTD legal obligations. HMRC will consider an application to extend the digital link deadline longer than the “soft landing” period.  That would mean the businesses would continue to be able to “cut and paste” during the extension period.

GOVERNMENT FUNDING TO HELP YOU PREPARE FOR CUSTOMS CHANGES

 

£16m in new government funding is now available to help businesses train staff in making customs declarations, and to help businesses who support others who trade goods to invest in IT.

 

This will ensure that trade with the EU continues as smoothly as possible after Brexit on 31 October. Grants can be used to support:

1. training costs for businesses who complete customs declarations, or who intend to in the future
2. funding for IT improvements, which is available to small and medium sized employers who are currently involved in trade as an intermediary

KEEP DETAILS OF YOUR DIRECTOR’S LOAN ACCOUNT, AND KEEP IT IN CREDIT

 

In a recent Tax Tribunal case the judge agreed with HMRC that a detailed breakdown of directors loan account transactions is required, including dates.

The significance is that where the loan account is overdrawn (debit balance) there may be a possible P11d benefit on the director and also a tax charge on the company. A taxable benefit in kind would arise where the loan exceeds £10,000 and the interest paid is less than the HMRC official rate, currently 2.5%.

In addition, if the director is also a shareholder of a close company, there is a 32.5% tax charge payable by the company making the loan where the loan is still outstanding 9 months after the end of the accounting period.

Thus, you can see why HMRC may require a detailed analysis of transactions between the director and the company.

Note that where the loan is repaid to the company and a similar amount withdrawn within a 30 day period the tax legislation matches the repayment with the new “loan” and consequently the original loan would still be outstanding.

NO CAPITAL ALLOWANCES FOR EQUIPMENT IN A “DWELLING HOUSE”

 

As a general rule, there are no capital allowances available for expenditure on plant and machinery in a dwelling house.

 

In a recent Tax Tribunal case it was decided that only equipment installed in the “common parts” of a dwelling house qualifies for tax relief. This would typically comprise a common entrance lobby, corridors, stairs or lifts and those parts of the building which do not provide any living facilities.

A major exception to this rule is where the property qualifies as furnished holiday lettings where the business is treated as if it is a trade. Consequently, assets such as beds, sofas, televisions and white goods would qualify for capital allowances as plant and machinery in such a business.

Note also that the new Structures and Buildings Allowance is not available in respect of “dwellings” nor structures in the garden such as a garden office.

FURNISHED HOLIDAY LETTINGS BUSINESSES ALSO QUALIFY FOR CAPITAL GAINS TAX RELIEF

 

As mentioned above furnished holiday lettings businesses are eligible for capital allowances on equipment in the property. Where the business incurs finance costs such as mortgage interest the restriction that applies to other residential property businesses does not apply to furnished holiday lettings.

It should also be noted that qualifying furnished holiday lettings businesses are eligible for a number of important reliefs from capital gains tax. “Rollover” relief would apply where the proceeds of sale of a property are reinvested in another qualifying asset and it is also possible to claim holdover relief on the gift of the whole or part of property business. Note also that entrepreneurs’ relief would be available on the disposal of the furnished holiday lettings business.

As mentioned in a previous newsletter the Office of Tax Simplification have recommended that furnished holiday lettings businesses should qualify for inheritance tax (IHT) business property relief which, if legislated, should mean no IHT payable when the business is passed on during lifetime or on death.

COLLECTING UNPAID TAX FOR 2018/19 THROUGH YOUR PAYE CODING

 

Under certain circumstances it is possible to arrange the collection of unpaid tax through your PAYE coding rather than making a balancing payment on 31 January. This will depend upon the amount outstanding and the amount of income taxable under PAYE. There is a further condition that the return is submitted to HMRC online before 30 December 2019 in order that the 2018/19 tax may be collected by amending the 2020/21 PAYE coding.

 

So please get your tax return information to us as soon as possible if you would like to take advantage of this facility.

 

DIARY OF MAIN TAX EVENTS

NOVEMBER/ DECEMBER 2019

 

Date	What’s Due
1/11/19	Corporation tax for year to 31/01/2019 unless quarterly instalments apply
19/11/19	PAYE & NIC deductions, and CIS return and tax, for month to 5/11/19 (due 22/11 if you pay electronically)
1/12/19	Corporation tax for year to 28/02/2019 unless quarterly instalments apply
19/12/19	PAYE & NIC deductions, and CIS return and tax, for month to 5/12/19 (due 22/12 if you pay electronically)
30/12/19	Deadline for filing 2018/19 tax return online in order to request that HMRC collect outstanding tax via the 2019/20 PAYE code

 

The application of the IR35 rules is due to change for contracts performed for large private sector clients from 6 April 2020. The new arrangements are referred to as “off-payroll working”, as that is how HMRC views the situation – a worker who should be paid through the payroll.

We outlined the changes in our newsletter on 29 August 2019. Since then HMRC has published its Issue Briefing on the reform of the off-payroll rules, but this leaves a lot of questions unanswered.

However, you can’t wait for HMRC to publish detailed guidance, we need to discuss the implications with you.

A first step is to ask whether the private sector businesses that engage them (ie your clients) are “small”, in which case their contracts are not affected by the off-payroll rules, or large – when their contracts will be affected.

The Tax Faculty Tax Guide 14/19 explains how to determine the size of the client. A good rule of thumb is – does the client need an audit? If yes, then it is not “small”. However, for marginal cases you need to look at the periods of when the business qualified as small or not.

If you want to read something written for you, rather than for an accountant, the IT contractor site is a good place to start. It is relevant for contractors working in other sectors as well.

The draft law for off-payroll working will be included in the next Finance Bill, which will be brought before the Parliament after the General Election. There is a real possibility that a different flavour of Government will throw out the proposals, or postpone the start date for another year.

Clients who bought homes off-plan may be sitting on significant gains. Where they have occupied the home as their main residence you would expect the entirety of the gain to be exempt under the principle private residence relief (PPR).

However, the Higgins case heard at the Upper Tribunal (UT) last year, decided that the gain attributed to the period between exchange of contracts and the date the home is first occupied by the taxpayer not relieved by PPR. We discussed the implications of case in our newsletter on 4 October 2018.

This period between exchange of contracts and the moving-in date can be considerable for newly built properties. As HMRC insists that the gain is apportioned equally to every day of the period of ownership, even when the property is half-built, the taxable gain not covered by PPR can be large.

The Higgins case has now been heard at the Court of Appeal, which needed to decide when his period of ownership of the apartment commenced for the purposes of PPR.

The FTT decided Higgins’ ownership period commenced on the day he moved in; when he “owned the legal and equitable interest in the lease of the apartment and owned the legal right to occupy the apartment.”

The UT decided the period of ownership started on the day the contract to purchase was agreed (exchange of contracts). At this point the apartment didn’t exist – it was only a “space in a tower”.

The Court of Appeal has ruled that the decision made by the FTT was correct, so the ownership period started when he first occupied the apartment. This means that all of his gain is covered by PPR.

Many tax penalties and notices are issued automatically by HMRC’s computer system, but the law which governs these processes (TMA 1970) was written before computers could do such things.

The tax law still says that an officer of the board (ie HMRC) needs to make the decision to issue the penalty, or sign the notice requiring the taxpayer to file a return. There is a growing pile of first-tier tribunal (FTT) cases in which the judge has overturned penalties issued for late returns, because the notice to deliver the return was invalid (eg Craig Shaw).

Two cases (Craig Shaw and Nigel Rogers) are due to be heard at the Upper Tribunal (UT) in the next month. If those cases were to be found in favour of the taxpayer substantial sums of penalties would be ruled as invalid, and would have to be repaid to taxpayers.

HMRC clearly doesn’t want that to happen, so it is asking Parliament to change the law such that automatic penalties are legal with retrospective effect for all open cases, including Shaw and Rogers. There are also a large number of penalty cases stuck at FTT which HMRC has been sitting on until the Shaw and Rogers decisions were overturned or confirmed at UT.

This new law has not been published, all we have is a technical note setting out HMRC’s intention to change the law. The new provisions will be included in the next Finance Bill which is due to be debated when Parliament resumes after the General Election.

Sometimes it is not easy to explain the reasons behind the numerous restrictions in the VAT law and regulations. For example: why can only corporate bodies and LLPs can be part of a VAT group?

This element of VAT law was challenged in the European Court of Justice (CJEU) in two cases: Larentia & Minerva and Marenave in 2015. As a result of the CJEU ruling HMRC consulted on changes to the VAT group rules, and amended the law in FA 2019, which comes into effect by regulation SI 2019/1348.

From 1 November 2019 the head of a group of corporate bodies (companies and LLPs) will be able to join a VAT group containing those bodies if it controls all of the corporates in that group.

The head of the group can be an individual, a partnership, a Scottish partnership, or a trust, but in every case it must occupy the position of parent company of the group as if it were the holding company. The head of the group must also have a business establishment in the UK.

The non-corporate head of the group must be making or intending to make some VATable supplies in the UK on its own account, in other words it must be trading, even to a small extent, to be eligible to be registered for VAT in the UK. This is a different requirement to the conditions for a holding company, which does not have to have its own trade to be part of the VAT group.

The main advantages of operating as a VAT group are:

• transactions between the bodies within the group do not carry VAT and don’t have to be reported for VAT purposes;
• a single VAT return is completed for the whole group.

The main disadvantage is that all members of the VAT group are jointly and severally liable for any VAT debts of the group.

For more guidance on the operation of VAT groups see VAT notice 700/2.