Some Relief for Furnished Holiday Lets

 

For several years now the lack of availability of Business Property Relief (‘BPR’) for furnished holiday lets (‘FHLs’) has been well known and established through cases such as Pawson, Green and Ross. The courts in these cases ruled that the holiday lets were too much of a passive investment to qualify as a business, even though the owners were providing varying degrees of service it was often held to be no more than would be expected from self-catering (i.e. investment) properties. The boundary between a mere investment and an active business (not “trade”, the legislation says “business”!) is a hard one to cross with the level of other services provided to guests needing to be more akin to a hotel than a self-catering holiday let.

The loss of BPR can be a major blow to an estate. The 100% relief against inheritance tax afforded by BPR can be very valuable, hence why HMRC will be vigorous in their investigations into such a claim. For income tax and CGT purposes however there is usually no argument from HMRC. If the let is furnished, available for let for 210 days a year and let out for 105 days with no long term lets then as far as CGT is concerned the various trading reliefs are available. For income tax purposes too, if those criteria are met then the income is classed as trading thus allowing the owner to claim capital allowances. Such income is also qualifying income for pension purposes allowing for greater retirement planning opportunities. The loss of BPR for the estate after all those lifetime benefits can be most unfortunate.

However, an estate recently succeeded in obtaining the coveted BPR for a holiday let business. The executors of Mrs Grace Joyce Graham claimed the relief for holiday flats on the Isles of Scilly. Smelling blood HMRC contested the claim but the First-Tier tribunal dismissed HMRC’s challenge. In this instance the amount of work the deceased and her daughter put into the business (up to 200 hours per week between them at busy periods) and the level of extra services available to the guests were more akin to a hotel to anything else. New guests were given personal tours of the property and the level of personal attention was such that several TripAdvisor comments highlighted it was this personal input and hospitality which made their holiday special. In addition to the 4 flats on offer, there was: a swimming pool, a croquet lawn, a prize-winning garden (from which the guests could help themselves to herbs), a games room with a snooker table, table tennis, board games and videos; there was a sauna, the laundry room and a BBQ. Each flat was fully furnished and had its own kitchen and dining/living area. Basic foods were provided, flowers were delivered into the flats for new guests along with home-made marmalade (and wine or champagne for special occasions). Golf buggies and bicycles were available to borrow, the guest lounge contained books, an open fire and leaflets on local attractions.

The court pointed out that “it will only be the exceptional letting business which falls on the non-investment side of the line” – making clear that this finding did not alter the recent hard-line taken by the courts. But in this particular instance, Mrs Graham’s personal attentiveness in her lifetime pushed her estate’s BPR claim over that line:

“The pool, the sauna, the bikes, and in particular the personal care lavished upon guests distinguished it from other “normal” actively managed holiday letting businesses; and the services provided in the package more than balanced the mere provision of a place to stay. An intelligent businessman would in our view regard it as more like a family run hotel than a second home let out in the holidays”.

Making Tax Digital for VAT

The Making Tax Digital (MTD) reforms represent a fundamental and unprecedented change to the UK tax system, which will ultimately impact all UK tax payers.

MTD has been delayed for all other taxes until at least 2020 but it is a requirement for all VAT-registered businesses with a turnover above £85,000 per annum to submit their VAT returns digitally, using MTD-compatible software, from April 2019.

MTD means that VAT registered businesses with turnover over the £85,000 threshold will need to submit their VAT returns digitally using MTD-compatible software. However, MTD also means businesses will need to keep their records in a digital format which enables information to be provided to HMRC directly from their accounting system or via bridging software, through application programme interfaces (APIs) which can also receive information from HMRC.

If you are a VAT-registered business with turnover of the £85,000 threshold you will need to keep digital records. If you keep your records on a spreadsheet you will need to have digital links, through MTD-compatible software, from the spreadsheet to HMRC. If you use an accounting package but prepare your VAT return using a spreadsheet, from April 2019 the accounting package and the spreadsheet will need to be linked digitally.

Many accounting software package providers will provide the application programming interface (API) links and there will also be third-party bridging software solutions. However, you will still need to keep digital records of the underlying transactions.

Under MTD, digital records of all sales will have to be kept, broken down by VAT liability (ie, the value of standard-rated, zero-rated, exempt and outside-the-scope supplies). As of now, only a total of all sales is required for the VAT return. It is also necessary to retain other information, such as all adjustments for business entertainment, car leasing and reverse charges on imported services, and summarise purchases broken down by VAT liability.

For VAT returns submitted on or after 1 April 2019, you will be required to submit the information which completes the existing nine boxes on the VAT return digitally using MTD-compatible software. However, you can also choose to voluntarily submit supplementary data on a periodic basis, such as in relation to the total adjustments made or total supplies made at different VAT liabilities.

HMRC has stated that when deciding whether to carry out a VAT inspection on a business, it will take into account whether the business has provided supplementary data, there are no queries, HMRC is less likely to carry out a VAT inspection.

HMRC has confirmed that there will be a ‘soft landing’ period between April 2019 and March 2020, when there will be no financial penalties for record-keeping failures. However, there must be a digital link between your accounting records and HMRC from the outset on 1 April 2019.

Benefits of using a local accountant

When you’re looking for a new accountant, there are a number of business benefits to choosing a local firm. We have many clients in and around our Hoddesdon office, which helps us form great relationships with them.

Here are our top reasons why you need to look for a local accountant:

Research – If you are thinking about hiring a local accountant, you can ask your contacts for recommendations and testimonials. Even if they don’t use the firm you’re asking about, they will probably have heard something about them from their contacts, giving you a better idea of their reputation.

Building better relationships – By using a local accountant, it is almost certain that you’ll build up a better relationship with them than you could with a firm a long way away. You’re more likely to bump into them outside the workplace and this kind of familiarity will help your professional relationship. It is also easier to meet face-to-face which is always more personable, and if any matters arise that you need to consult them about, you can easily go to their office to discuss things in depth.

Networking – If you enjoy networking, you’ll get to know people from your accountancy firm at some point, enabling you to build a personal relationship and find out more about each other’s businesses outside of formal meetings. These can also be helpful in terms of referrals. We organise our own networking meetings for companies in Hoddesdon and the surrounding areas, and are often able to put clients in touch with each other, or our networking contacts, which benefits both businesses.

Charities – Another aspect of networking is getting involved with charitable events and fundraising, which is something the majority of companies do. Supporting events organised by your accountancy firm, or asking them to support your events, can be a further boost to building a good relationship with them.

Local economy – By using local suppliers, you’ll be helping to keep the money circulating in the local economy, which is a boost in terms of jobs and prosperity for all the businesses in the area.

If you are looking for a Hoddesdon accountant, contact us to arrange an appointment or talk to us at one of our local networking events.

Why you need to have a review with your accountant

You may have used the same accountant for a number of years, and you may well be happy with them – we hope you are! But it’s always a very useful exercise to review your accountant from time-to-time just to check that you’re getting the most appropriate service for your business.

When you do your review, it encourages you to think about the service you’re getting and assess whether or not you’re getting what you need from your accountant. Here are the questions we think you need to ask yourself in order to make an informed assessment.

Are they technically strong?

Are you getting a high enough technical service, particularly on the tax side of things? As your needs get more complex, do you feel that they are on top of what they need to be doing?

Are you happy with the way they communicate?

Does your current accountant communicate clearly with you so you understand the information clearly? How much jargon do they use? How approachable are they? Do you feel you can contact them when you have a question? A good accountant isn’t just an expert at what they do, it’s all about getting a good service, and dealing with you on a personal level is a very important part of this service.

How proactive are they?

Do you ever have to chase your accountant to get things done? Are they always dealing with things late and scrambling to meet deadlines or do they get things done in a timely manner? A good accountant will plan ahead and make sure everything’s properly scheduled. As issues are about to come up, they will tell you they are dealing with them, rather than waiting for you to have to prompt them when you receive a notification after the deadline has gone.

Do they give you practical solutions to problems?

The relationship between you and your accountant works both ways – if you’re getting a good quality service, they will be proactive and suggest practical solutions to any problems you might encounter. A good accountant will be happy to work through things with you to make sure that everything is on the right path.

Are they at the right level?

Do you feel that your accountant is experienced enough to handle your accounts? It may well be that you started working with them when your business was small, but your company has seen great growth. You need to ask yourself if your accountant has grown at the same rate because, with the best will in the world, their skills might not be enough for your needs as a larger company any more.

If you’re happy with the answers to all these questions, then you’ve got the right accountant for your needs, along with the peace of mind this brings. If not, then contact them to discuss your concerns, after which, if you’re still not sure, it may be time to look for a new accountancy service. Contact us for more information or to see how we could help you turn those unsure questions into informed decisions.

Payroll and security

Doing the payroll is more than just having the bank account details of the people you employ and making sure they’re paid what they’re owed on a regular basis.

Meeting legal requirements is a huge part of the payroll process and the recent introduction of GDPR has made things more complex for most companies when it comes to record keeping, requiring them to protect their data securely and prevent unauthorised access, especially when it comes to transferring sensitive personal information.

Confidentiality

Some companies are a bit nervous about keeping employees’ personal data onsite. In which case, outsourcing payroll to an accountancy firm is a good solution which means records will be completely inaccessible to your own staff.

Digital security

Outsourcing your payroll will also have advantages in that your accountancy company should already have robust security practices in place in order to properly encrypt your data. If this is the case, then GDPR will not have made much impact on their cybersecurity provision as it was already good enough. The difference that GDPR will make to your payroll system is that, as the new standard of security practices to protect us all as individuals, you can rest assured everyone’s data is in safe hands.

Other advantages

Apart from security, there are a number of other advantages of outsourcing your payroll to a specialist accountant. You will be benefiting from their training and expertise in their specialist subject, meaning they’re less likely to make errors in their calculations at the same time as ensuring you and your staff get all the tax breaks they are entitled to. The lack of errors may also save you money – if you do your own payroll and get it wrong, you may lose money or have to spend it in order to put things right.

You will also be able to spend more of your own time on running your company. Most entrepreneurs just want to follow their passion which, let’s face it, rarely involves anything to do with taxes! The accounts and payroll are therefore a drain on their time, and the pressure to do them right is a drain on their mental energy. Yet there are plenty of accountancy experts out there whose passion is accounting, so why not let them do what they do best while you concentrate on what you do best and concentrate your efforts on running the business.

Contact us for more information on how we can help you or call us on 01992 444466.

Criminal Finances Act Essentials

 

The Criminal Finances Act came into force on 30 September 2017. Part of the Act means that companies and partnerships can be criminally liable where they fail to prevent those who act for, or on behalf of, the business from criminally facilitating tax evasion.

There is, however, a potential defence against this offence by the business putting into place a system of reasonable prevention measures. The penalties for the offence include unlimited financial penalties and ancillary orders such as confiscation orders. The Act doesn’t change what tax fraud is, just who may be liable.

An overview
There are three stages that apply to both the domestic and foreign tax evasion facilitation offences. There are additional requirements for the foreign offence but we only cover the UK tax evasion offence here.

  • Stage one: the criminal tax (including NIC) evasion by a taxpayer (either an individual or a legal entity) under existing law.
  • Stage two: the criminal facilitation of the tax evasion by an ‘associated person’ of the ‘relevant body’ who is acting in that capacity.
  • Stage three: the ‘relevant body’ failed to prevent its representative from committing the criminal facilitation act.

Stage one and two do not create any new offences. These are already criminal offences. Only a ‘relevant body’ can commit the new stage three offence, so it applies to incorporated bodies (typically companies) and partnerships, not individuals. The new offence is a strict liability offence which means that if stages one and two are committed, the relevant body will have committed the new offence (subject to claiming a defence).

So what is the offence?
The new offence created by the new rules is the failure to prevent facilitation of UK tax evasion offences. A relevant body (B) is guilty of an offence if a person commits a UK tax evasion facilitation offence when acting in the capacity of a person associated with B.

Meaning of relevant body
A ‘relevant body’ is subject to the new rules and this means a body corporate or partnership (wherever incorporated or formed).

And who acts in the capacity of an associated person? A person (P) acts in the capacity of a person associated with a relevant body if P is:

  • an employee of a relevant body who is acting in the capacity of an employee;
  • an agent of a relevant body who is acting in the capacity of an agent (i.e. someone that has authority to act for someone else); or
  • any other person who performs services for or on behalf of a relevant body who is acting in the capacity of a person performing such services (e.g. a subcontractor).

Is there any defence against such a charge?
It is a defence for a relevant body to prove that, when the UK tax evasion facilitation offence was committed, it had such prevention procedures in place as it was reasonable in all the circumstances to expect it to have in place or it was not reasonable in all the circumstances to expect it to have any prevention procedures in place.

‘Prevention procedures’ means procedures designed to prevent persons acting in the capacity of a person associated with a relevant body from committing UK tax evasion facilitation offences.

Sanctions under the Act
A relevant body guilty of an offence under these rules is liable a financial penalty, possibly unlimited.

So what does this really mean for my business?
What the law takes a long time to say is that there is a penalty for a company or partnership which fails to prevent facilitation of UK tax evasion offences by employees, agents or persons acting on the business’s behalf.

To quote HMRC: ‘The legislation aims to tackle crimes committed by those who act for or on behalf of a relevant body. The legislation does not hold relevant bodies to account for the crimes of their customers, nor does it require them to prevent their customers from committing tax evasion. Nor is the legislation designed to capture the misuse of legitimate products and services that are provided to customers in good faith, where the individual advisor and relevant body did not know that its products were intended to be used for tax evasion purposes.’

What procedures do businesses need to implement?
Part of the new rules requires The Chancellor of the Exchequer to publish guidance about procedures that relevant bodies can put in place to prevent persons acting in the capacity of an associated person from committing UK tax evasion facilitation offences or foreign tax evasion facilitation offences.

This has now been published by HMRC at goo.gl/8GmyFY

This guidance explains the policy behind the new offences and is designed to help relevant bodies understand the types of processes and procedures that they can put in place to prevent associated persons from criminally facilitating tax evasion.

Six guiding principles
As can be seen, it is, therefore, important to follow the spirit of the law and apply the guidance properly. The guidance is designed to be of general application and is formulated around the following guiding principles:

  • Risk assessment
  • Proportionality of risk-based prevention procedures
  • Top level commitment
  • Due diligence
  • Communication (including training)
  • Monitoring and review

HMRC make an interesting point that:

‘The prevention procedures that are considered reasonable will change as time passes. What is reasonable on the day that the new offences come into force will not be the same as what is reasonable when the offence has been in effect for a number of years. The Government accepts that some procedures (such as training programmes and new IT systems) will take time to roll out, especially for large multi-national organisations. HMRC will, therefore, take into consideration the prevention procedures that were in place and planned at the time that the facilitation of tax evasion was committed.

At the same time, the Government expects there to be rapid implementation, focusing on the major risks and priorities, with a clear timeframe and implementation plan on entry into force. In addition, HMRC expects reasonable procedures to be kept under regular review and to evolve as a relevant body discovers more about the risks that it faces and lessons are learnt.’

Doing nothing is clearly not an option.

So where does this leave us?

The rules are already operational, so whilst business owners needn’t be having too many sleepless nights, policies and procedures need to be established sooner rather than later. The guidance gives some helpful pointers towards what is required, so there is no excuse for not grabbing the bull by the horns and getting the systems in place.

Investment for startups

You’ve made the decision to set up your own business. It’s an exciting time and you’re keen to get going, but you need more startup cash than you have savings, so you’ll have to find an external source of finance to help you with your startup funding. Going to visit your bank manager is probably the first place you think of for a business loan, but it’s a good idea to look at other options available before you apply for any kind of business investment.

Family and friends

Whilst your family and friends are more likely to be enthusiastic about your new company and are the least likely to charge big interest rates on a loan, going down this route could be fraught with difficulties. Not least of which is your relationship with them. If you accept a loan from family and friends, the advice is to formalise the process, drawing up an agreement which details exactly what each party can expect, what their obligations are, and how the loan will be repaid. By treating it in the same way as you’d treat a loan from a bank or institution, you should be able to avoid the pitfalls informal loans often fall into.

Grants

Business grants are generally made for a specific purpose and do not have to be repaid, making them extremely attractive, especially to startup companies. Click here for a list of organisations that offer financial support for companies.

In Hertfordshire, Wenta offers a Startup Programme which includes practical advice and eligibility for a grant. You’ll get 12 hours of free business support and mentoring.

Once you have been trading for a year, you’ll be eligible to apply for smallbusiness.co.uk’s monthly Small Business Grant competition of £5,000.

Government loan

The Government offers a specialist unsecured loan for startups of up to £25,000 at 6% interest, repayable over five years.

Angels

Business angels are private investors who are willing to invest money and sometimes also their own expertise in startups and startup funding. Angels are generally looking to invest smaller amounts of money than the banks or venture capitalists, but expect lower return rates. There are a number of companies that help investors and startups find each other, but the trade association UK Business Angels Association specialises in early-stage investment.

Venture capitalists

If you are looking for an investor to get more involved in the running of your business, you need a venture capitalist. They will invest money and time in return for equity or shares and take a hands-on approach. If you’d rather not be seen being grilled on Dragon’s Den, visit the British Private Equity & Venture Capital Association for more information.

Crowdfunding

Most people think of crowdfunding as a way of asking people to donate to good causes, but there are also crowdfunding sites, like Crowdcube, that specialise in raising startup funding for small businesses. Crowdfunding has enabled smaller investors to put money into small businesses and startups, with the consequent benefit of allowing businesses to raise finances from a wider range of investors in return for shares.

If you would like advice about the best way of funding your new startup business, contact us to book an appointment.

Top expenditure of SMEs

A study undertaken by the Centre for Economics and Business Research study found that SMEs, on average, spend around a million pounds a year on their business operations. Those with more than 50 staff spend an average of £3m every year on goods and services; micro businesses, i.e. those with fewer than nine employees, spend an average of £225,379.

The study was able to drill down into the figures, discovering that the average SME spends 24% of its budget on hiring new staff, 20% paying suppliers, and 19% on technology. The good news is that older businesses tend to spend less on expenditure. However, overall, it shows the importance of managing cash flow at all levels of business.

Here’s our breakdown of these, and other expenditures that make up the majority of an SME’s costs:

Staffing

Don’t forget that staff expenditure doesn’t end with how much you pay them. You will also take into account any benefits, bonuses and commission, tax, insurance, as well as the HR costs involved, including pension contributions, the cost of recruiting and training new staff, training courses etc. You also need to factor in the cost of any consultants whose expert advice will help you do a better job of running your company, e.g. trainers, HR specialists, management consultants etc.

You also need to take into account the fact that there will be times when your staff are faced with productivity problems, which could be anything from being delayed in meetings, stuck in traffic, sickness, power cuts or breaks in broadband to disasters such as fire or flooding for which a rigorous disaster recovery plan needs to be in place.  

Suppliers

If you are a retailer or manufacturer, you will have the cost of buying in stock and raw materials which also have costs associated with delivery and storage.

Overheads and operating expenses

Having the right technology is vital for the smooth running of your business and provision must be made for upgrading it on a regular basis. Your computer systems may appear to be working, but older ones will probably be slower (wasting valuable staff productivity time) and less secure. In 2017, the average cost of a security breach to a medium-sized organisation was over £3k, so it is well worth the investment to keep your cybersecurity up to date.

All businesses incur the expense of running the organisation – office rental, utilities, office equipment, and any company vehicles.

Late payments and long payment times

SMEs can really struggle and sometimes go out of business altogether because of late payments, whether it’s because of long payment conditions – sometimes 90 days or more – or the inefficiency or poor ethics of your debtors. Late payments cost SMEs a whopping £2bn a year in terms of chasing them and paying interest on overdrafts and loans to keep the company going in the interim.

If you run a small or medium business and need help managing your company’s expenses, financial planning and business advice, please talk to us! Call us on 01992 444466 or click here to contact us to find out more.

How will Ambition 2018 help your business?

 

The Ambition conferences are a hugely important business and community initiative for two reasons. Firstly, it’s an incredible resource designed to help Hertfordshire entrepreneurs and small businesses develop their sales and marketing skills in order grow their businesses. Secondly, 100% of our ticket sales go to two amazing local charities.

I have been involved in all four Ambition conferences and am a huge advocate. The conference is organised on a voluntary basis by local SMEs who believe that if we work together and support each other, we can all benefit from the business opportunities in Hertfordshire, with a consequently positive knock-on effect on the local economy. 

On a personal and professional level, I’ve always got tremendous value from working as a team with the committee, and think it is an inspirational example of local businesses working together to help boost the local economy at the same time as benefiting the community.

That’s why I’m involved and why I agreed to become Chairman. But how will Ambition help your business? Here are the top reasons why you should attend:

 

It’s great for your business

First and foremost, Ambition 2018 is there to help local companies that are, as yet, too small to outsource their sales and marketing, but understand these skills are vital for their growth. Our professional speakers are all experts in their fields and will pass on tips and the benefit of their experiences in order to help you get to grips with this important aspect of running a business.

 

It ticks your business and Corporate Social Responsibility boxes

All the expenses involved in the organisation of Ambition are covered by our sponsors. This enables us to keep the cost of tickets down so they are low enough for even the most modest start-up to be able to afford – only £95 (Early Bird rates are even lower). But most importantly, all the proceeds raise thousands of pounds for our nominated charities. You don’t have to be an accountant to work out that the more delegates attend the conference, the more money we raise for good causes.

 

It attracts great speakers

Speakers really appreciate the ethos behind the conference and, because it is a non-profit-making event that benefits charities, it attracts higher quality speakers than we could otherwise bring on board – in fact, all our speakers are kind enough to donate their time and expertise so more money goes to the charities.

 

It’s inspirational

Having attended all the Ambition conferences, I know how inspirational they can be for entrepreneurs and people who run small businesses. They are exceptional value for money in terms of teaching entrepreneurs and managers more about sales and marketing, networking opportunities and having plenty of sales and marketing professionals to bounce ideas off. I really want to encourage more business professionals to take part and make 2018’s conference the best yet!

 

What happens at Ambition

The format is that we sit together on tables during sessions, listening to the speakers. We then have a chance to discuss the session on our tables before the next speaker so the key takeaways are more likely to be remembered. Delegates can network with each other during the breaks and over lunch. In previous years, people have not only got a lot out of them, but have also had a good time too!

Click here to find out more about this year’s speakers. Other speakers will be announced as soon as they are confirmed and we will shortly post more information about the sessions.

Booking will open soon – watch out for the Early Bird offers to get an even greater ROI!

Rewarding an Employee for Long Service

HMRC allows certain gifts to be made in recognition of long service, subject to some conditions. To qualify, the gift:

  • Must be for 20 or more years of service
  • Is not cash or vouchers that can be converted into cash
  • Does not cost the employer more than £50 for each year of service; and that
  • Where more than one long-service gift is made to the same employee (or director) the exemption can only apply if there’s at least ten years between each gift

One way of putting cash into the employee’s hand (without actually doing so) could be to purchase something that they would normally but themselves, e.g. a season ticket at their favourite football club, a travel card or fitness club.

Another option is to consider making an employer’s pension contribution, of which 25% would be tax free when accessed. If they are 55 or over they can do this immediately, so making a contribution of £4,000 could be put £1,000 in their pocket tax free.