GDPR and all that...

These things keep coming along.

It starts with maybe a newspaper article, then a post on Linkedin or Facebook, then more posts and articles. Pretty soon there seems to be a whole industry built around the latest ‘thing’. Recent ‘things’ have been PPI claims, bitcoins, blockchain, crypto currencies and pensions auto enrolment.

The new kid on the block is GDPR. Can we ignore it and hope it just goes away? Well for a while perhaps we can. But the new General Data Protection Regulation (GDPR) comes into effect on 25 May 2018. For all businesses who hold data relating to customers, employees and other contacts there are new rules coming into force and a penalty regime for non compliance. So the time for putting this in the ‘too difficult’ box has passed. Businesses need to act fast to assess what the new rules mean for their business and how they can ensure they are compliant.

The Information Commissioner’s Office (ICO) is responsible for overseeing compliance with the new regulations in the UK. They have published a guide and other reference material which is a useful starting point.

We have also prepared our own summary here GDPR - what is it all about?

If you are still struggling we are running a training event in Hitchin on 18 April which will help you evaluate what you need to do to ensure your business complies with GDPR.

This link provides further details and booking instructions GDPR event Hitchin

Small business has become this government's 'cash cow'

The increase in National Insurance contributions announced in the Spring Budget is the latest in a number of tax increases introduced by this government which have a negative impact on small business. The government is in need of cash and it seems like squeezing small business is a relatively easy way of swelling their coffers.

Let's explore the evidence for this. Recent tax changes targeted at small business include:

• The introduction of a dividend tax effective from April 2016
• Changes to the VAT flat rate scheme effective from April 2017
• Increase in national insurance for the self employed from April 2018
• Reduction in the tax free dividend allowance from £5,000 to £2,000 per annum from April 2018

The case put forward by the government for making these changes is that they are 'Levelling the playing field' between 'self employment' and employment. I use the term 'self employment' in its broadest sense here to include those who trade via limited companies, usually as owners (shareholders) and directors (employees). So they have set about withdrawing all the relatively minor tax breaks which were in place to support risk-taking and entrepreneurship.

The issue here is that self employment and employment are not the same and in my opinion should not be taxed in the same way. Many of the smallest businesses are already struggling to make ends meet, particularly in the early stages of their business. Many entrepreneurs do not have a pension or if they do it is often inadequate. They don't get paid if they are absent or sick. All spare funds are often put into keeping their business going and paying their employees and other costs. An extra tax burden on top of this will be hard to bear and in some cases will have a significant effect on the businesses and their owners.

The dividend tax has been introduced without so much as a murmur of protest. For a basic rate tax payer the extra tax burden will be around £2,000 per annum. There were no marches on Downing Street, no petitions on Facebook and no outcry in the Press. The changes to the VAT flat rate scheme again have passed through with little opposition although the cost to a small businesses turning over say £50,000 will be around £2,000 annually along with an increased administration burden. The National Insurance increase has generated more resistance, not least as it went back on the Tories election manifesto pledge not to increase National Insurance, Income Tax or VAT. At the time of writing the government has said the change is 'fair' and it will go ahead.

So what is the conclusion to be drawn from this? Well it seems clear to me that this government does not understand or value small business and sees it as an easy target to hoover up cash. It's an easy target as the Tories are attacking their natural constituency. There has been little protest from the opposition to these tax changes. Small businesses seem to bracketed in with 'big business' excess and tax avoidance scams and as such are seen as fair game to squeeze a bit harder. The danger with attacking your natural supporters is that when things start to bite as they will soon, you find that you cannot take your core support for granted any more.

The UK is still a good place to do business. It's relatively easy to start up and administration, although burdensome, is simpler than in many other countries. If we take away all the tax incentives for business owners we will see more businesses failing and more entrepreneurs thinking, 'What's the point'? if an increasing chunk of their endeavours goes straight into the Chancellor's purse.  Small businesses are the engine for job creation, they give our high streets their diversity and colour, they are the big businesses of the future. We need to nurture and encourage them rather than squeeze the life out of them.

www.base52.co.uk

The power of forecasting

One of my annual rituals at this time of year is to prepare a detailed financial forecast for the next financial year.

It's part of my training as a management accountant and I spent many years as a retail accountant compiling company budgets and forecasts so I guess it is in my DNA now.

I've developed a simple but accurate template for this and with a day or so's effort my first draft emerges from the magic of Excel and I can reflect on how it looks. Inevitably it's below my expectations. After allowing for clients who have stopped trading or their circumstances have changed and factoring in cost increases and new costs, I'm usually left with something of a gap between where I want to be and where my forecast is pointing. So although a bit disappointing, that's not necessarily such a bad thing. At least now I know there is a gap and I can think about what to do about it.

The two ways to close the gap are more sales and reduced costs. I will always give a lot of thought to how we can increase sales - attract more customers, look at the services and value we offer to our existing customers and what new services can we offer. As far as cost reduction goes, a proportion of our costs are fixed but some are discretionary. I will look at these and ensure they provide good value for money and are affordable. So with some tweaking and decision-making I will start the financial year with a forecast that shows a good improvement on the previous year and a plan to make it happen.

In some ways this is the easy bit. It's the month in, month out effort to deliver the plan  which is the bigger challenge. I find this annual forecasting process really valuable and an essential part of my business routine. It gives me comfort that we have a plan to move forward and something to measure against during the year.

So here is to another good year with more sales, satisfied customers, more customers and more profit. That's what the plan says so we now need to roll up our sleeves and do it.

www.base52.co.uk

9 things to do before the end of the tax year

It's that time of year again when some planning in the last few weeks before the end of the tax year could provide a useful tax saving.

The tax year end for individuals is 5th April 2017. Many self employed people also have their accounting year end as 5th April or 31st March to coincide with the tax year. For private limited companies, 31st March is also a common date for the year end.

Here are some ideas:

1) Buy business assets and bring forward expenditure before the year end

If you are thinking of investing in business assets - new plant & machinery, vehicles, office furniture, computer equipment it is sensible to make your purchase before the end of current financial year, rather than the start of the next one. Timing your investment could mean that you can claim your capital allowances sooner, saving on cashflow. Similarly if you are intending to carry out some repairs or maintenance work, doing this before the year end will reduce your next tax bill.

Click here for more details

2) Manage your income

If you are in the fortunate position of being able to manage your income, plan now to optimise your income for tax purposes. For example, as a company director and shareholder, you may be able to reduce salary or dividends to keep your income below the key tax thresholds of £43,000, £100,000 or £150,000. An income level of £50,000 where child benefit is withdrawn from the highest earner in a household is another key threshold to monitor.

The £100,000 threshold is particularly painful from a tax perspective as the personal allowance is withdrawn. This gives an effective rate of tax at a very painful 60% at income levels between £100,000 and £122,000. So best avoided if you don't need the income and can defer this to another year.

3) Consider the effect of the new dividend tax

A new dividend tax was introduced from 6th April 2016. This affects people who receive a significant amount of dividend income each year. There is a £5,000 dividend allowance where dividends are free of tax. Above this level however new rates of dividend tax apply for varying levels of income. 

The dividend tax has a significant impact on business owners who may be used to drawing a relatively high proportion of their income as dividends. If possible the higher rate dividend rate of 32.5% is best avoided by capping gross income at the basic rate threshold of £43,000. Gifting shares to a spouse so that they can utilise the dividend allowance may be appropriate in some cases

Click here for more details

4) Contribute to a pension

Pension contributions before the year end are a tax efficient way of saving for the future and reducing your tax bill. Advice should be sought from a suitably qualified Independent Financial Advisor to ensure that your particular circumstances are considered.

5)  Use gift aid for donations

Using gift aid for charitable donations has the effect of raising the basic rate tax band and saving 20% tax for higher rate tax payers. So for every 80 pence you donate, your chosen charity receives £1.00. 

6) Use your tax free savings allowance

If you are lucky enough to have surplus cash, make sure that you use your annual ISA allowance. Within an ISA, all income and gains are tax free. 

You can save up to £15,240 for 2016/17 and the limit will be increased to £20,000 for 2017/18. You can choose how you split this between stocks & shares and cash ISAs. 

Click here for more details

7) Use your annual capital gains exemption

If you have personal assets (shares, property etc) and are intending to sell them soon, consider the capital gains tax implications in advance. You may be able to time the sales of shares for example to spread over 2 or more tax years and utilise your £11,100 2016/17 annual exemption effectively. For married couples and civil partners consideration should be given to each spouse/civil partner using their allowance.

Click here for more details

8) Review use of the VAT Flat Rate Scheme

For businesses using the VAT Flat Rate Scheme the government have introduced a new definition of a 'Limited Cost Trader' whose expenditure on goods is less than 2% of VAT inclusive turnover. If using the scheme you should consider if you are a LCT in which case it is likely to be advantageous to revert to Standard VAT Accounting from 1 April 2017.

Click here for more details

9) Set money aside for your tax bill

If you take some of the steps above you should be able to reduce your 2017 tax bill. 

If all or some of your income is not taxed at source however, it is likely that you will be faced with a tax bill for 2016/17.

Setting a percentage of your income to one side to cover your tax bill and placing it in a deposit account is a sensible measure and will help avoid any last minute panics in January trying to find the funds. Another tip is to get your tax return completed as soon after the end of the tax year as possible. This give you an early warning of any additional tax due so that you have sufficient time before the payment deadline in January.

Note - This draws on a Blog first published in February 2016 and is updated for new tax rates and allowances.

www.base52.co.uk

Join our VAT simplification scheme - oops no, that's aggressive tax abuse

The VAT Flat Rate scheme was introduced by HMRC in 2002 as a 'simplification scheme'. The idea being that it was simple and beneficial for the small businesses who were eligible to participate and simpler for HMRC in terms of compliance. Essentially the way it works is that a business pays a lower 'flat rate' VAT to HMRC which varies according to their sector. As a trade off the businesses are not able to recover any VAT on expenditure. So a win/win and small businesses signed up for the flat rate scheme in droves. HMRC even offered a 1% discount on the flat rate for the first year of VAT registration.

So all this changed in the last Autumn statement. HMRC have introduced a new concept of a 'Limited Cost Trader' to describe businesses which have minimal expenditure on HMRC's definition of 'goods'. For these businesses they will need to use a new flat rate of 16.5% of VAT inclusive turnover which by my maths comes out at 19.8%. Er...no thank you, we might give that a miss. 

That's all fine but instead of HMRC saying they got it wrong initially and the rates were too generous (even without the 1% first year discount they threw in) or that economic circumstances have changed, low and behold, HMRC have blamed it all on the businesses who took up the scheme.  There is a Technical Note on HMRC's website with the heading, 'Tackling aggressive abuse of the VAT Flat Rate Scheme'  - as if these businesses were doing something wrong? I'm struggling to understand what is aggressive or abusive about adopting a scheme which HMRC devised and promoted and then changed their minds about.

For many businesses the best option will be to revert to standard VAT accounting and recover VAT on their expenses. Depending on their turnover and business sector some businesses will be a few thousand pounds worse off each year as a result of this change. Coming on the back of the dividend tax introduced last April and pensions auto enrolment it's another unwelcome burden for some of the smallest of small businesses. Implying that it was their fault that the scheme is being changed adds insult to injury.

www.base52.co.uk