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New Business Kit
TABLE OF CONTENTS
Before
Starting Up
Selecting
a Legal Entity for your business
Sole
Proprietorship
Partnership
Limited
Company
Business
Structure - The Pros and Cons
Registering
with the Tax Authorities
Inland
Revenue
Inland
Revenue NI Contributions Office
H
M Customs and Excise
Tax
Calendar
Annual
Events
Monthly
Events
Quarterly
Events
Accounting
and Bookkeeping
Chart
of Accounts
Cash
or Accrual Accounting
Accounting
Records and Record-keeping
A
Word about Computers
Internal
Control
Illustrative
Chart of Accounts
Value
Added Tax
Registration
Taxable
Persons and Supplies
Tax
Rates
Input
VAT
Special
Events
Penalties
VAT
Checklist
Payroll
Taxes
Helpful
publications
Do
you have employees?
The
Operation of a PAYE Scheme
Income
Tax and Corporation Tax
Choice
of Year End
Tax
Returns
Companies
Sole
Traders/Partnerships
Cash
Planning and Forecasting
Starting
the Analysis
Cash
Collections
Disbursements
VAT
and Other Taxes
Obtaining
Credit and Financing For Your Business
How
Do I Get the Money?
Business
Plan
Debt
Financing Sources
Equity
Financing Sources
Venture
Capital Companies
Insurance
Required
Policies
Business
Interruption
Employee
Fidelity Bond
Umbrella
Coverage
Selecting
Professional Advisers
Useful
names addresses and telephone numbers
Conclusion
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to Top) |
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| Before
Starting Up (Back
to Top) It
is the ambition of many people to run their own
business. In recent years this dream has become
a reality for some made redundant, whilst others
may decide to start up in business to be more
independent and to obtain the full financial reward
for their efforts.
Whatever the reason for
considering setting up in business, a number of
dangers exist.
A major concern must be
the risk of business failure despite considerable
effort and finance having been put into the venture.
Time spent in making the decision and thinking
through your plans will minimise the risk of failure.
Think carefully about
ceasing to be someone else’s employee. Certainty
of income, both in terms of quantity and regularity,
disappears, whilst fixed outgoings, such as mortgage
repayments, remain. Similarly, other benefits
of employment may be lost, such as life assurance
cover, a company pension, medical insurance, a
company car, regular hours and holidays.
Consider the views of
your family and friends. Their support is essential.
It is important they understand that the administrative
and financial requirements of running a business
can be time consuming and stressful.
Success in business depends
on many factors; most important is the need to
critically review all aspects of the business
proposition before progressing too far.
This kit highlights
many of the practical points that require consideration
before trading begins. It cannot cater for every
possibility and decisions should be supported
by appropriate professional advice.
For information
of users:
This kit is published for
information only. It provides only an overview
of the regulations in force at the date of publication,
and no action should be taken without consulting
the detailed legislation or seeking professional
advice from a partner of this firm. No responsibility
for loss occasioned by any person acting or refraining
from action as a result of the material contained
in this kit can be accepted by the partners of
the firm.
March 2006
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Selecting
a Legal Entity for your business: (Back
to Top)
| One
of the first major decisions you will have
to make as you start your new business is
the form of legal entity it will take. To
a large degree this decision may be dictated
by the way you have organised your operations
and whether you intend to work on your own
or in conjunction with others. The
form of entity you choose can have a significant
impact on the way you are protected under
the law and the way you are affected by
taxation rules and regulations. There are
three basic forms of business organisations.
Each has its own benefits and drawbacks
and is treated differently for legal and
tax purposes. |
Sole
Proprietorship (Back
to Top) A sole
proprietorship is typically a business owned and
operated by one individual. A sole proprietorship
is not considered to be a separate legal entity
under the law, but rather is an extension of the
individual who owns it. The owner has possession
of the business assets and is directly responsible
for the debts and other liabilities incurred by
the business. The profit or loss of a sole proprietorship
is combined with the other income of an individual
for income tax purposes.
A sole proprietorship is
perhaps the easiest form of business to own and
operate because it does not require any specific
legal organisation, except, of course, the normal
requirements such as licenses or permits. A sole
proprietorship typically does not have any rules
or operating regulations under which it must function.
The business decisions are solely the result of
the owner’s abilities.
Partnership
(Back
to Top)
In a partnership, two or
more individuals join together to run the business
enterprise. Each of the individual partners has
ownership of company assets and responsibility
for liabilities, as well as authority in running
the business. The authority of the partners, and
the way in which profits or losses are to be shared,
can be modified by the partnership agreement.
The responsibility for liabilities can also be
modified by agreement among the partners, but
partnership creditors typically have recourse
to the personal assets of each of the partners
for settlement of partnership debts.
The rights, responsibilities
and obligations of partners are typically detailed
in a partnership agreement. It is a good idea
to have such an agreement for any partnership.
A partnership is a legal
entity recognised under the law and, as such,
it has rights and responsibilities in and of itself.
A partnership can sign contracts, obtain trade
credit and borrow money. When a partnership is
small, most creditors require a personal guarantee
of the general partners for credit.
A partnership is
also required to file an income tax return. A
partnership typically does not pay income tax;
the information from the tax return is combined
with the personal income of the partners to determine
their overall tax liability.
Limited Liability
Partnership (Back
to Top)
The Limited Liability Partnerships
Act 2000 creates a new type of business entity,
the Limited Liability Partnership ("LLP").
The LLP offers limited liability to its members
but is tax transparent and offers flexibility
in terms of its internal organisation. LLP’s
have been available for use since 6 April 2001.
An LLP is a separate legal entity from its members.
Therefore, it may enter into contracts and deeds,
sue and be sued and grant floating charges over
its assets in its own name. This avoids the problems
that exist in relation to partnerships, where
technically it is often necessary for every partner
to be party to certain documents or litigation,
and the creation of floating charges is not possible.
The members of the LLP are those persons registered
at Companies House as members.
The main "price" paid in return for
limited liability is public availability of financial
statements. An LLP must file audited accounts
(prepared on a "true and fair view"
basis) annually at Companies House, which must
include the name and profit share of the highest
paid member.
In addition the LLP must also file details of
the name and address of every member at Companies
House. At least two members must be "designated
members" responsible for making proper filings
at Companies House (and subject to penalties in
the event of default).
Provided an LLP carries on a trade or a profession
and is not simply an investment vehicle it is
tax transparent – that is the LLP itself
is not taxed on its income or capital gains at
all. Instead the members are taxed on their shares
of the LLPs’ profits and gains, just as
partners in a partnership are currently taxed.
This means that the LLP may be more tax efficient
than a limited company. This is because ordinarily
a limited company is taxed on its income and capital
gains and the company’s shareholders are
taxed on distributions from the company to them,
giving rise to potential double-taxation.
LLPs were primarily intended for use by the professions.
However, any type of business operating for profit
may use LLPs. An LLP may be suitable for use as
a joint venture vehicle or as an alternative to
a limited company, particularly for small businesses.
Limited
Company (Back
to Top)
A limited company is a
separate legal entity that exists under the authority
granted by statute. A limited company has substantially
all of the legal rights of an individual and is
responsible for its own debts. It must also file
tax returns and pay taxes on income it derives
from its operations. Typically, the owners or
shareholders of a limited company are protected
from the liabilities of the business. However,
when a limited company is small, creditors often
require personal guarantees of the principal owners
before extending credit. The legal protection
afforded the owners of a limited company can be
useful.
A limited company must
obtain approval from Companies House to use its
proposed name. A limited company must also adopt
and file a Memorandum and Articles of Association,
which govern its rights and obligations to its
shareholders, directors and officers.
A limited company must
file annual tax returns (“corporation”
tax returns) with the Inland Revenue.
Incorporating a business
allows a number of other advantages such as the
ease of bringing in additional capital through
the sale of share capital, or allowing an individual
to sell or transfer their interest in the business.
It also provides for business continuity when
the original owners choose to retire or sell their
shares.
Should you decide to incorporate
your business venture, you should seek advice
from DNA.
The recent changes
to pensions legislation and the tax changes in
budgets have tended to favour the limited company
route as a means of paying less tax despite changes
in the 2006 budget affecting companies with profits
of £50,000 or less paying out dividends.
The potential savings by going down the company
route do need consideration. However it is also
necessary to consider factors such as the company
car as savings from incorporation can soon be
totally eliminated if a company car and fuel for
private use are provided. There are other factors
beside the tax implications that should be borne
in mind. |
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Business Structure -
The Pros and Cons (Back
to Top)
| Company |
Sole Trader/Partnership |
| A company must be formally incorporated
with a written constitution in the form of
a Memorandum and Articles of Incorporation.
There is, therefore, an initial setup cost. |
There are no formation costs,
but a written partnership agreement is advised. |
| Companies are governed by the
companies Acts. A company must:--Keep accounting
records-Produce audited accounts (if turnover
> £5.6m)-File accounts and an Annual
Return with the Registrar of Companies. This
information is available to the public.-keep
Statutory Books |
Sole traders and partnerships
are not required by law to have annual accounts
nor to file accounts for inspection. However,
annual accounts are necessary for the Inland
Revenue tax returns. |
| Companies may have greater borrowing
potential. They can use current assets as
security by creating a floating charge. |
Sole traders and partners are
unrestricted in the amount and purpose of
borrowings but cannot create floating charges. |
| Shares in a company are generally
transferable –therefore ownership may
change but the business continues. |
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| Incorporation does not guarantee
reliability or respectability but gives the
impression of a soundly based organisation.
Personally, there may be prestige attached
to directorship. |
The unincorporated business
does not carry the same prestige. |
| Tax is payable on directors’
remuneration paid via PAYE on the 19th of
the following month. If applicable, higher
rate tax is paid by shareholders on dividends
under the self-assessment rules.Corporation
tax is payable 9 months after the year-end. |
For a sole trader or partnership,
tax is generally paid by instalments on the
31 January in the tax year and the 31 July
following the tax year. Tax for 2005/06 is
payable:- first payment on account on 31 January
2006, second payment on account on 31 July
2006, with any final balance due on 31 January
2007. |
| Losses in a company can only
be carried forward to set against future profits. |
Losses generated by a sole trader
or a partner can be set against other income
of the year or carried back to prior years. |
| For profits up to £300,000
tax is generally charged at 19% (2005/06) |
Profits are taxed at 40% on
taxable income in excess of £32,400
(2005/06) |
| There is both employers’
and employees’ national insurance payable
on directors salaries and bonuses. The NI
charge is greater than that paid by a sole
trader/partner. |
A partner/sole trader will pay
Class 2 NI of £2.10 p.w. and Class 4
NI dependent on the level of profits. |
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| Registering
with the Tax Authorities (Back
to Top) |
A
significant task for the new business owner
is ensuring that the business is properly
complying with the extensive tax and information
filing requirements imposed by the various
authorities. Problems and penalties could
arise if the new business is not registered
with the appropriate tax authorities in
a timely fashion. While this chapter is
not intended to be an all-inclusive list
of filing requirements, it summarises some
of the more prominent requirements common
to most businesses. |
Inland
Revenue (Back
to Top)
It is necessary
to notify the Inland Revenue of your existence
by completing forms CT41G (companies) or CWF1
(sole traders/partnerships). The form notifies
the Inland Revenue of your accounting date,
your accountant, and also enables a PAYE (Pay
As You Earn Scheme) to be set up, which is a
requirement if you are to be an employer.
If you fail to register within the first three
full months of commencing business a penalty
of £100 may be levied.
Inland Revenue NI
Contributions Office (Back
to Top)
Depending on the level
of profit, sole traders and partners have a
liability to Class II NIC, and these are payable
either quarterly or monthly by direct debit.
Class 2 contributions are at a weekly level
of £2.10 (where annual earnings are £4,345
or more for 2005/06) and the necessary form
to collect Class 2 contributions should be completed
at the same time as the form CWF1. Leaflet CA02
‘National Insurance contributions for
self-employed people with small earnings’
gives full details and an application form for
exemption from liability.
H M Customs and Excise
(Back
to Top)
You need to consider
if it is beneficial to be VAT registered from
the outset. The pros and cons are discussed
in Chapter 4. If you are registering for VAT,
form VAT 1 needs completing, and if you are
a partnership, form VAT 2 needs to be completed
giving details of all the partners.
Tax
Calendar (Back
to Top)
The following summarises
some of the more significant filing dates for
a corporation using a calendar year end. Many
of these requirements also apply to partnerships
and sole traders. Naturally, if a year-end other
than 31 December is used, some of these dates
will vary.
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Annual Events
(Back
to Top)
| Date |
Return |
| 19 May |
Submission of forms P35 and
P14’s |
| 6 July |
Submission of form P11D |
| 19 July |
Payment of Class 1A NIC |
| 30 September |
Payment of corporation tax (9
months after the end of the accounting period) |
| November/December |
Year end tax planning |
| 31 December |
Submission of corporation tax
return (12 months after the end of the accounting
period) |
Monthly Events
(Back
to Top)
| Date |
Return |
| Monthly on 19th |
Payment of payroll taxes |
Quarterly Events
(Back
to Top)
| Date |
Return |
| 14 April |
Submission of forms P35 and P14’s |
| 14 April |
Forms CT61 to be submitted - tax deducted/receivedPayment
of Class 1A NICPayment of corporation tax
(9 months after the end of the accounting
period) |
| 14 July |
| 14 October |
| 14 January |
| Quarterly |
VAT returns (although these
can be monthly) |
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Accounting and Bookkeeping
(Back
to Top) |
Most
operators of a new and growing business
have a flair for the environment in which
the business operates. They may be a great
salesperson, an outstanding mechanic, carpenter,
solicitor, or inventor. Unfortunately, most
people don’t like to keep the books.
As an owner of a business you must remember
that your company’s books and financial
statements represent a score sheet which
tells how you are progressing, as well as
an early warning system which lets you know
when and why the business may be going amiss.
Financial statements and the underlying
records will provide the basis for many
decisions made by outsiders such as banks,
landlords, potential investors, and trade
creditors as well as taxing authorities
and other governing bodies. The necessity
for good, well-organised financial records
cannot be over-emphasised. One of the greatest
mistakes made by owners of small businesses
is not keeping good financial records and
making improper or poor business decisions
based on inadequate information.
Quality financial
information does not necessarily translate
into complicated bookkeeping or accounting
systems. Far too often owners of businesses
become overwhelmed by their accounting system
to the point where it is of no use to them.
An accounting or book-keeping system is
like any tool used in your business; it
needs to be sophisticated enough to provide
the information you need to run your business
and simple enough for you to run it (or
supervise the book-keeper). Questions you
should ask in developing an accounting and
financial reporting system are:
- Who will
be the users of the financial information?
- What
questions do I need answered to manage
the business?
- What
questions should be answered for the Inland
Revenue and Customs & Excise authorities?
As your business
grows, you should work closely with your
accountant to ensure that your accounting
system is providing you with appropriate
information. |
Chart
of Accounts (Back
to Top)
The
basic road map into any accounting system is the
chart of accounts. It is this chart that helps establish
the information that will be captured by your accounting
system, and what information will subsequently be
readily retrievable by the system. This tool, like
the rest of the accounting systems, needs to be
dynamic and should grow as the size and needs of
your business changes. To
help establish a good working chart of accounts
you need to answer some questions, in conjunction
with your accountant, as to how your business
will operate and what is important to you. Some
of these considerations might be:
- Will your business
have stock to account for? If so, will it be
purchased in finished form or will there be
production costs?
- Are fixed assets
a significant portion of your business?
- Will you sell only
one product or service or will there be several
types of business?
- Will you have accounts
receivable from customers, which you will have
to track?
- Are you going to
sell in only one location or will you do business
in several places?
- Are the products
you sell subject to value added tax?
- Do you need to track
costs by department?
- What type of government
controls or regulatory reporting are you subject
to?
Each one of these
questions can have several answers and will probably
generate more questions. Each answer will have
an impact on how the chart of accounts is structured.
It may seem that developing a chart of accounts
is not particularly high on your list of things
to do as you start a new business; the amount
of time and money which a well organised accounting
system may save you can be significant as the
need to generate information for various purposes
increases. An example of a basic chart of accounts
follows this section.
Cash or Accrual Accounting
(Back
to Top)
One of the decisions to be made as you start
a business is whether to keep your records on
a cash or accrual basis of accounting. The cash
basis of accounting has the advantage of simplicity
and almost everyone understands it. Under the
cash basis of accounting you record sales when
you receive the money and account for expenses
when you pay the bills. The increase in the money
in “the cigar box” at the end of the
month is how much you have made.
Unfortunately, as we all know, the business world
is not always so easy. Sales are made to customers
and you sometimes must extend credit. Your business
will incur liabilities which are due even though
you may not have received the invoice or have
the cash available to pay them.
Most users of financial statements such as bankers
and investors are used to accrual-basis statements
and expect to see them. Once you become familiar
with them, they provide a much better measuring
device for your business operations than cash-basis
statements.
Whether you use the cash or accrual basis, it
is possible to keep books for income tax purposes
on a different basis than for financial statements.
It may be more advantageous (less tax) for you
to do so. DNA can advise you on the advantages
and feasibility of doing this in your particular
circumstances.
Accounting
Records and Record-keeping (Back
to Top)
Another question that the owner of a business
must answer is “Who will keep the books
of the business?” Will you do it yourself,
will the receptionist or a secretary double as
a part-time bookkeeper, will you have a bookkeeper
that comes in periodically, or will the volume
of activity be such that a full-time bookkeeper
will be required?
Very often the owners of a business decide to
keep the books themselves and underestimate the
commitment they have made to other phases of the
operation and the time required to maintain a
good set of financial records and books of account.
As a consequence, the record keeping is often
low priority and must be caught up later. This
approach, though rarely planned, can require a
substantial expenditure of time and money. While
it is important for the owners of a business to
maintain control and stay involved in the financial
operations of the enterprise, this can be achieved
by maintaining close control over the cheque-signing
function and scrutinising certain records. Your
company’s accountant can help develop a
good programme of record-keeping duties for you,
your employees and any outside book-keepers or
accountants you may engage.
A
Word about Computers (Back
to Top)
The computer is probably the single, most valuable,
invention for bookkeeping and accounting since
the advent of double entry bookkeeping. If your
business includes any of the following, then a
computer would be a useful tool in your business:
- Many repetitive or routine tasks.
- Lots of paperwork, i.e. suppliers’
cheques, sales invoices, purchase orders, mailing
labels.
- Lots of general correspondence.
- Written reports, contracts, newsletters,
catalogues or brochures.
DNA know about both your business and computers
and can take much of the confusion out of the
selection process by assisting you in the purchase
and installation of your computer.
There are a number of very good, easy to use,
accounting software systems which are commercially
available, but none of them will solve the problems
of inaccurate or poor quality financial records.
All they will do is generate bad information faster.
This is one of the reasons that the computer has
also probably caused more headaches for the owners
of modern businesses than any other single cause.
If you want to use a computer-based accounting
package, either in your own business, with a service
bureau, or through your accountant, it is imperative
that you generate accurate information to be entered
into the system.
The real value of the computer becomes apparent
once it is running smoothly in your business.
Your accountant can then function in the capacity
for which he was trained, not as a “number
cruncher”, but as your business adviser,
consultant and strategist. Both of you can focus
not on producing reports for various regulatory
agencies but on analysing your business to make
it more profitable.
Internal Control (Back
to Top)
What is internal control? It is the system of
checks and balances within a business enterprise
that helps to ensure that the company’s
assets are properly safeguarded and that the financial
information produced by the company is accurate
and reliable. When you are operating as a “one
man shop” or at least handling all of the
company’s financial transactions, maintaining
good internal accounting control is relatively
straightforward.
However, when your company grows to the size
where you must delegate some of the functions,
it becomes more difficult to ensure that all the
transactions are being accounted for properly.
No matter the size of your business, you should
always be able to answer “YES” to
the following questions:
- When my company provides goods or services
to our customers am I sure that the sale is
recorded and the debt is recorded in accounts
receivable or the cash is collected?
- When cash is expended by my company am I
sure we received goods or services?
The method used to ensure that these two questions
can be answered affirmatively will be widely varied.
They are essential stepping-stones to maintaining
good control in your business. The solution in
your particular instance may be as simple as numbering
the sales tickets and being sure
ALL TICKETS ARE ACCOUNTED FOR or reviewing
all invoices and timecards before signing company
cheques. These are fundamentals in a well-run
business. As the company grows you will need to
consider concepts such as segregation of authority
as well as employee fidelity bonds or controlled
access storerooms.
No matter what the size of your enterprise, you
should consider controlling your business and
safeguarding hard earned assets as a priority
from the outset.
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Illustrative Chart of Accounts (Back
to Top) FIXED
ASSETS - TANGIBLE
0010 Freehold property cost
0020 Freehold property depreciation
0110 Leasehold property cost
0120 Leasehold property depreciation
0210 Plant and machinery cost
0220 Plant and machinery depreciation
0310 Fixtures/fittings cost
0320 Fixtures/fittings depreciation
0410 Motor vehicles cost
0420 Motor vehicles depreciation
FIXED ASSETS - INTANGIBLE
0700 Investments
0900 Goodwill
CURRENT ASSETS
1000 Stocks and work in progress
1100 Trade debtors *
1103 Debtors and prepayments *
1200 Bank current account *
1230 Petty cash *
CURRENT LIABILITIES
2100 Purchase ledger control *
2109 Creditors and accruals *
2200 VAT control account *
2300 PAYE/NI creditor *
LONG TERM LIABILITIES
2600 Bank loans
2700 Hire purchase creditors
2800 Lease purchase creditors
2900 Other loans
CAPITAL AND RESERVES
3000 Capital account - balance brought forward
3100 Capital introduced
3200 Profit and loss account
3300 Drawings
* denotes control accounts
SALES
4000 Sales/work done
4009 Discounts allowed
4100 Export sales
OTHER INCOME
4200 Royalties received
4210 Commissions received
4220 Insurance claims
4230 Rental income
4240 Bank interest received
COST OF SALES
5000 Purchases
5900 Opening stock and work in progress
5950 Closing stock and work in progress
DIRECT COSTS
6000 Direct labour
6100 Goods outward costs
6200 Goods inward costs
6300 Packaging
6400 Duty paid
6500 Transport insurance
6600 Sales commissions payable
6700 Royalties payable
OVERHEADS
7000 Motor expenses
7100 Telephone
7200 Wages
7250 Wife’s wages
7300 Rent
7400 Rates
7500 Heat and light
7600 Postage, stationery and advertising
7700 Repairs and renewals
7800 Insurance
7900 Bank charges and interest
8000 Hire purchase interest
8050 Mortgage interest
8100 Accountancy fees
8200 Legal charges
8300 Use of home as office
8400 Protective clothing
8500 Cleaning
8600 Sundry expenses
8700 Subsistence
8800 Profit on asset sales
8900 Depreciation
9000 Bad debt write off |
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VALUE ADDED TAX: (Back
to Top)
VAT
is a tax on consumer expenditure and is
ultimately paid by the final customer. Most
business transactions involve the supply
of goods or services and VAT is payable
if they are made:
- in the United
Kingdom;
- by a taxable
person;
- in the course
or furtherance of business and are not
specifically exempted
or zero-rated.
VAT is collected
by H M Customs & Excise and is normally
payable quarterly. |
Registration (Back
to Top) There are two different types
of registration - compulsory and voluntary:
A. Compulsory
A person who makes taxable supplies becomes liable
to be registered if:
- At the end of any month, the value of his
taxable supplies in the period of one year then
ending has exceeded the registration limit,
which is £61,000 from 01 April 2006.
- At any time, there are reasonable grounds
for believing that the value of his taxable
supplies in the next 30 days will exceed the
£61,000 limit.
- If, where a business carried on by a taxable
person is transferred as a going concern, the
taxable supplies for the twelve months prior
to the transfer exceed £61,000.
- In the most common situation, i.e. (i) above,
the person must notify Customs & Excise
of the liability within 30 days of the end of
the month in which the value of the taxable
supplies first exceeded £61,000. If, for
example, the value of the taxable supplies first
exceeded £61,000 in the twelve months
to 31 March, then Customs & Excise must
be notified by 30 April and VAT registration
would commence on 1 May.
B. Voluntary
In certain circumstances, it is possible to
register on a voluntary basis for VAT even though
the value of taxable supplies may never exceed
£61,000. This is normally only beneficial
where the majority of supplies are being made
to customers who are themselves VAT registered,
e.g. it would not be beneficial for a domestic
painter with taxable supplies of £30,000
to be registered, whereas it would be beneficial
for a commercial or industrial painter with the
same level of supplies.
The other situation in which a voluntary registration
might be beneficial is where the supplies are
all zero-rated and no VAT is charged on the transaction.
All VAT suffered by the trader on expenses can
be reclaimed from Customs & Excise.
In summary, the advantages and disadvantages
of a voluntary registration are as follows:
Advantages
- enables input VAT suffered to be reclaimed;
- a VAT number can give the impression that
a business is larger than it actually is which
sometimes can increase the possibility of obtaining
work.
Disadvantages
- the requirement to prepare VAT returns on
a quarterly basis and to submit them within
one month of the quarter end - is the amount
of work involved worth it for the amount of
input VAT that can be reclaimed?
- Customs & Excise may visit the business
about every five years to ensure that VAT is
being properly accounted for.
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Taxable Persons and Supplies (Back
to Top)
a) Taxable Persons
It should always be remembered that it is a
person that is registered for VAT and not a business.
If a person has two separate different businesses,
both with taxable supplies of £40,000, then
that person will be required to be registered
for VAT and account for VAT at the appropriate
rate on the total supplies of £80,000. It
is possible to mitigate the effect of VAT by having
one of the businesses operated by a limited company
or by a partnership with a relative, but professional
advice needs to be taken since Customs & Excise
have the power to still treat the two businesses
as one if strict criteria are not met.
b) Taxable Supplies
Taxable supplies are all supplies made by a business
either to a third party or to the trader himself
(goods for own use), which are not exempt supplies.
Taxable supplies therefore include zero-rated
supplies. The major categories of exempt supplies
are:
- Land (but not buildings)
- Insurance
- Postal services
- Betting, gaming and lotteries
- Finance
- Education
- Health and welfare
It is important that at the outset of a business,
a trader establishes the VAT status of any supplies
being made to avoid mistakes, e.g. the services
of a physiotherapist are exempt, whilst the services
of an acupuncturist are standard rated. |
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|
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Tax Rates (Back
to Top) There are three rates of VAT:
- two standard rates -
17.5%
5% - for certain supplies of fuel and power and
sanitary goods
- zero-rated.
The four main areas of zero-rated goods are:
- Food and agriculture (but excluding pet food
and most catering);
- Printed matter, including books and newspaper;
- Young children’s clothing and footwear;
- Passenger transport (but excluding hire cars,
taxis and parking).
Any VAT charged by the business, whether at 17.5%
or 5% is known as output VAT and the total charged
or collected in the VAT quarter is payable to
Customs & Excise.
Input VAT (Back
to Top)
Input VAT is the VAT that you are charged on
your business purchases and expenses (the other
persons output VAT) and is normally recoverable
in full by a trader who only makes standard rated
or zero-rated supplies. Businesses that make some
exempt supplies (known as partially exempt businesses)
have different recovery rules. The total input
VAT suffered in the quarter is deducted from the
output VAT charged or collected and the difference
is either the amount of VAT due to Customs &
Excise or the amount repayable by Customs &
Excise.
The majority of input VAT is recoverable but
there are special rules for:
- cars;
- petrol supplied for private usage;
- business entertaining;
- goods sold under a VAT second-hand scheme.
To reclaim VAT you have been charged as input
VAT, you must hold valid evidence that you have
received a taxable supply, which normally means
a valid VAT invoice from a registered trader showing
his VAT number and the amount of VAT charged.
Special Events (Back
to Top)
VAT was originally described as a simple tax
but has gradually become more and more complicated
over the last twenty years with changes to the
operation of VAT every year.
It is not always possible to calculate each quarter’s
VAT liability by merely deducting input VAT incurred
from 7/47 of the sales income and professional
advice needs to be taken in the following situations:
- Importing and Exporting - either within or
outside the European Union;
- Partial Exemption, i.e. where a business
makes some exempt supplies, all the input VAT
incurred is not necessarily recoverable;
- Retail Schemes, i.e. where both zero rated
and standard rated supplies are made
which cannot be separately identified at the
point of sale;
- Land and Property;
- Cash Accounting;
- Self-supplies;
- Second-hand schemes for motor cars, used boats,
antiques, horses and ponies and others.
Penalties (Back
to Top)
The impact of penalties has been considerably
reduced since the early 1990’s and the possibility
of any business suffering a serious misdeclaration
penalty for an innocent error on their VAT returns
is low.
The two most important penalties still in existence
which every business should be aware of are:
- Late registration penalty for not registering
for VAT at the correct time. The penalty is
based on a percentage of the VAT due between
the date of registration and the date that the
person was required to be registered and the
percentage increases dependent upon the lateness
of the registration. The penalty is in addition
to the VAT that is due.
- Default surcharge for traders that are persistently
late in either submitting VAT returns and/or
making payment of the liability due. The penalty
is based on a percentage of the VAT due and
is on a sliding scale.
VAT
Checklist (Back
to Top)
Registration
- Should the business be registered?
- Is basis of registration correct?
- Are details on registration certificate correct?
- Do procedures exist for notifying Customs
and Excise of relevant changes?
- Review position at regular intervals.
Preparation of returns
- Has return been received? If not, then obtain
duplicate from VAT Office.
- Review sources of information.
- Prepare draft return.
- Check for accuracy and completeness.
- Make payment (if outputs exceed inputs)
Input Tax
- Do any restrictions on input tax exist?
- If “Yes”, does an agreed method
exist?
- Does this method maximise input tax?
- Are invoice additions and calculations checked?
(c) Is input tax claimed at the earliest tax
point?
(d) Are all claims properly supported?
- Ensure all supporting invoices kept.
Output Tax
- Are all income heads reflected for VAT accounting?
- Are all potential sources of notional supplies
considered?
- Are all potential sources of income (asset
sales, etc.) covered by VAT accounting system?
- Is VAT captured at the correct tax point?
- Is VAT correctly applied where appropriate?
Money Laundering Regulations
HM Customs & Excise have responsibility for
administering certain aspects of The Money Laundering
regulations 2003 particularly relating to High
Value Dealers (HVDs).
HVDs are those traders who may receive 15,000
Euros (approximately £10,000) in a single
transaction or a series of linked transactions.
The Regulations principally apply if cash or cash
equivalent are offered in settlement.
If you believe you may be a HVD you should discuss
this with your advisors or visit the HM Customs
& Excise Website at www.hmce.gov.uk.
Further if you believe you may be affected by
the Regulations as they related to regulated businesses
you should discuss this with your advisors as
the penalties for not complying are serious. |
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PAYROLL TAXES: (Back
to Top)
Irrespective
of the form of business in which you operate,
if you are going to have employees then
you will have to contend with payroll taxes.
The brief summary that follows will give
you some guidance in the rules and regulations
of the Inland Revenue. |
Helpful Publications (Back
to Top) The Inland Revenue publish
various booklets relating to how PAYE is operated
and the legislation that you have to comply with.
Not only do you collect and remit PAYE to the
Collector of Taxes on behalf of the Inland Revenue,
you also operate the sick pay scheme and maternity
pay scheme for the DSS. You should run the PAYE
scheme in accordance with the legislation and
should you fail to comply then the Revenue or
DSS will look to you for the tax or NIC you failed
to deduct. This can be costly if you are unable
to recover the tax and NIC from the employee.
Do
you have employees? (Back
to Top)
Whether an individual is an employee or not in
a particular situation is a question of fact depending
on the terms on which he works. The question of
whether an individual is employed or self-employed
is very important for the business “employing”
him or her, as that business has to comply with
the reporting requirements.
In certain areas the Inland Revenue has placed
emphasis on reclassifying individuals claiming
to be self employed and has issued leaflet IR56
entitled “Tax: employed or self employed”.
This booklet sets out the questions that should
be answered to determine the problem. If you have
treated someone as self employed and subsequently
after a routine visit from the DSS or Inland Revenue
it is clear that they were employees, then the
tax and NIC which should have been paid will be
assessed on you. Therefore it is important to
ensure when using the services of self employed
people, that they are in fact self-employed.
If doubt exists as to the status of an individual,
the situation can be clarified with the Inland
Revenue.
The Operation of a PAYE Scheme (Back
to Top)
Upon registration the Inland Revenue will send
to you guidelines on operating PAYE, National
Insurance, Statutory Sick Pay and Statutory Maternity
Pay (employer’s pack).
Included will be a number of forms with which
to operate the PAYE and NIC system. You should
familiarise yourself with and have supplies of
these forms, which are as follows:-
- P11 Deduction
working sheet
- P46 Notification
to the Inland Revenue where no code has been
notified to the employer and application for
coding
- P46 (Car) Notification
of a car provided for the private use of an
employee or a director
- P45 Details
of employee leaving
- P14/P60 End
of year return and employers certificate
- P35 Employer’s
annual statement
- P38A Employer’s
supplementary return
- P11D Expenses
and benefits
- P9D Expenses
payments and income from which tax cannot be
deducted.
In order to calculate the amount of tax and
national insurance due by an employee, the Inland
Revenue will supply you with sets of tables. By
reference to the “tax free” tables
and an employee’s tax code you will be able
to calculate the amount of salary that is not
subject to tax. The difference between this figure
and the gross amount is the employee’s taxable
pay. This can then be calculated by reference
to another set of tables. The employer’s
and employee’s national insurance is calculated
by reference to the gross pay with a third set
of tables. Special rules exist for the calculation
of national insurance for directors.
The tax and national insurance should be paid
to the Inland Revenue by the 19th of the month
following that in which the salaries were paid.
In most businesses, the directors, and often
the employees, have benefits that are not immediately
taxed through the PAYE system, the most usual
being the provision of a car and possibly fuel.
Class 1A national insurance contributions are
due on the taxable value of these benefits in
kind and are due on the 19 July following the
fiscal year in which the benefits are made available.
In addition, the Inland Revenue requires on an
annual basis, a form P11D (Return of expenses
payments and benefits) for all directors irrespective
of income and all employees receiving remuneration
including the benefit in excess of £8,500.
For those employees earning less than £8,500
but who receive expense payments and benefits,
a form P9D is required.
A form P46(Car) needs to be completed quarterly
on 5 July, 5 October, 5 January and 5 April if
any employees have been provided with or have
changed their company car. Further details are
given on the taxation of company cars in Inland
Revenue leaflets IR132 and IR133. The Inland Revenue
will still require form P11D to be submitted annually
in addition to the P46 (car) forms. |
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INCOME TAX AND CORPORATION TAX: (Back
to Top)
Eventually
you will have to deal with income or corporation
taxes. The taxation legislation is extensive
and can be confusing for an individual starting
a business. This chapter does not cover
all the tax ramifications of a new business,
nor does it detail all the expenses you
can claim for, nor does it give details
of allowances available on the purchase
of some capital allowances. A Chartered
Accountant should be consulted when you
are dealing with the taxation affairs of
the business. The payment of taxation has
a direct impact on your cash flow. |
Choice of Year End
(Back
to Top) Which
Accounting Year Should I Choose?
If you expect profits to rise steadily year by
year, in the case of sole traders/partnerships,
an accounting date early in the tax year, for
instance 30 April, might be best in the short
term, because this will defer the payment of tax
on your profit. However, it is important to consider
what will happen when you retire. Any accounting
date other than 31 March will cause a bunching
of your tax liabilities because all your profit
that has not been assessed prior to your retirement
will be assessed for your final year. There are
a number of ways to mitigate the effect of this.
You could plan to retire on or shortly after the
accounting date, and allow “overlap relief”
to reduce the burden. You could build up a reserve
to meet the liability, or use the higher profit
to permit an abnormally large pension contribution.
On the other hand if you expect to make losses
in your early years, an accounting date late in
the tax year, for instance, 31 March, will ensure
that you get tax relief for those losses as quickly
as possible. You would then not be faced with
the bunching problem on retirement referred to
above.
It will also be necessary to bear in mind the
seasonality of your business. As part of the profit
for your first period of trading could be taxed
twice, it would be unfortunate if a poor choice
of accounting date were to accelerate the tax
on the profit of your first busy period. In these
circumstances it might be preferable to run your
first accounts to a date just short of your peak
period.
As ever, it is important not to overlook commercial
considerations. Your bankers might want to see
as healthy a profit as you can manage and this
desire could conflict with tax planning. A solution
would be to chose a tax efficient tax accounting
date, and keep the bank happy with quarterly management
accounts.
Tax Returns (Back
to Top)
Companies
Companies are charged corporation tax at the
rate applicable during the financial year (1 April
- 31 March). Where a company’s accounts
period spans two financial years the profits for
the period are apportioned between the years.
| Financial
year to |
31
March 2006 |
31 March
2007 |
| First |
£10,000
|
0% |
£300,000
|
19% |
| Next |
£40,000 |
23.75% |
£250,000 |
19% |
| Next |
£1,200,000 |
32.75% |
£1,200,000 |
32.75% |
| Over |
£1,500,000 |
30% |
£1,500,000 |
30% |
There are special rules to calculate the tax
rates applicable for profits falling between the
small companies and normal rates, and are such
as to ensure that the tax charge rises progressively.
Corporation Tax Pay and File was brought into
effect for accounting periods ending after 30
September 1993 (for accounting periods ending
after 30 June 1999, it became Corporation Tax
Self Assessment). A company is required to make
an estimate of its own liability to corporation
tax and pay that liability by the normal due date,
nine months after the end of the accounting period,
without an assessment being raised.
The company is required to send its completed
tax return (form CT600), accounts and tax computation
to the Inspector by the filing date, which is
12 months after the end of its accounting period.
Penalties will be charged if it is late.
Once the company agrees its liability with the
Inspector, there will be a settlement of any balance
due or overpaid. Interest will be charged or paid
from the normal due date on the balance.
Sole Traders/Partnerships (Back
to Top)
Sole traders and partnerships are charged income
tax at the rate applicable during the fiscal years
(6 April - 5 April). The rates are as follows:
| |
2004/05
Rate |
2005/06 Rate |
| Lower |
£2,020 |
10% |
£2,090 |
10% |
| Basic-
next |
£29,380 |
22% |
£30,310 |
22% |
| Higher-over |
£31,400 |
40% |
£32,400 |
40% |
There may also be a liability to Class 2 and
Class 4 National Insurance Contributions, depending
on the level of profit in each fiscal year. Class
2 contributions are at a weekly rate of £2.10
(2005/06). Class 4 NI is payable by the self employed
on profits.
Class 4 contributions are levied at 8% on profits
between £4,745 and £31,720 (max) for
2004/05 and profits between £4,895 and £32,760
(max) for 2005/06. There will be a further 1%
charge on profits in excess of the upper limit
of £32,760.
For the self –employed and those that pay
tax on other income such as rents, tax is normally
payable in three instalments - the first two instalments
are based on the tax paid on the previous years
business tax liability. Therefore half is paid
by the 31 January in the year of assessment, the
other half by the 31 July in the year following
the year of assessment. The third instalment will
be any balance due (payable the following 31 January)
or any amount repayable by the Inland Revenue
if your final liability is lower than the amounts
paid on account.
Under self-assessment your income tax return,
which encompasses your trading results, needs
to be filed by 31 January following the tax assessment
year. This date is moved forward to the end of
September if you wish the Inland Revenue to calculate
your tax liability.
A copy of the Corporation Tax Return (CT600)
and an individual’s Tax Return (SA100) is
attached. |
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CASH PLANNING AND FORECASTING: (Back
to Top)
CASH
IS KING! The lifeblood of any business is
its ability to collect cash and pay bills
as well as pay its employees, particularly
its owners. Far too often small businesses
are profitable, but they do not have enough
operating capital to meet their current
needs. Consequently, they may be forced
to sell out to a stronger competitor, sell
a portion of the company to investors at
an undesirable price or close the doors
and put the company out of business. None
of these alternatives are typically what
the owners intended when starting the business.
The ability
to forecast cash resources and uses is an
art and is by no means a well-defined science.
None of us have a crystal ball and any cash
forecast which is prepared by the management
of a company or an outside consultant can
be no more than a guess as to when the customers
pay and when your business will pay its
obligations. Hopefully, the more effort
that is put into cash forecasting the better
will be the educated guess and the more
accurate the resultant picture of the future
operations of your business.
|
Starting the Analysis
(Back
to Top)
One of the most significant factors to be considered
in your cash flow forecast is the volume of sales
that will be generated in the next several months
and for the rest of the period for which you intend
to forecast. Your sales forecast must be as fine
tuned as possible. It may be unrealistic to assume
that there is a million pound market for your
product in your area and you will be able to capture
a specified percentage of it. A sales forecast
needs to be based on specific facts. These might
include your sales history or the history of similar
businesses you have owned or operated or the competition.
In your area, what has been the experience of
similar operations?
Some of the questions that should be addressed
would include what other factors could I control
such as adding new product lines, deleting unprofitable
operations, adding a new salesperson, or terminating
one that is not producing to quota? In preparing
a forecast, you must also take into consideration
items such as the seasonality of your business,
the relative state of the economy and the period
over which you will forecast.
Obviously your ability to forecast sales for
the next month is better than it is for three
to five years from now. The amount of detail that
must be included in the cash forecast is really
a matter of preference. It can be based on per
unit sales extended out by the sales price of
each type of unit or an average sales volume per
day, week or month of your type of business in
its current environment.
Cash Collections
(Back
to Top)
Once you have determined a reasonable level of
sales and you are comfortable with the forecast
you have made, your must address questions such
as: what percentage of my sales are received in
cash, and what portion are credit sales for which
I will have to carry amounts in debtors? For those
that are debtors based, how soon is the cash collected?
Do I have to wait for customers to pay me or do
third parties such as Visa or Mastercard or a
debt factor take the customers account and convert
it to cash for me with an appropriate discount?
If you are relying on customer payments for collection
of debtor balances you must determine what portion
of the debts will be collected in thirty days,
sixty days, ninety days and thereafter, and what
portion, if any, may never be collected. To assume
that 100% of your sales will ultimately be converted
to cash is probably unrealistic especially considering
the current economic environment and the tight
cash situations that may face some of your customers.
Other sources of cash may be available in addition
to sales. Do you expect to bring in a partner
or other investors, or can you borrow money from
a bank? When will you receive the cash and how
much will you get? Part of your cash flow analysis
may be to determine how much investment money
or borrowings will be required to operate your
business.
Once you are comfortable with the cash receipt
side of your business, and the timing of the collections
of funds from your sales and other sources, it
is necessary to consider the expenses and other
cash needs of your business operation.
Disbursements
(Back
to Top)
Certainly if your business entails sales of stock,
you will have to purchase the merchandise from
others or purchase the component parts and pay
employees to assemble it. This may require a significant
outlay of cash before the first pound of sales
is generated and received. You should consider
how often and in what amount your employees must
be paid and when their payroll taxes must be paid
over.
Additionally, you need to know the credit trade
terms your creditors are willing to advance to
you. Do you have to pay for stock items on a C.O.D.
basis or can you pay for them thirty or forty-five
days after receipt? What expenses must be paid
to allow you to convert purchased merchandise
to saleable stock? If your production requires
utilities to run machines or supplies that are
required, such as consumable chemicals or packing
materials that must be purchased prior to the
sale of the stock, you should consider the timing
of these payments.
In addition to the cost of manufacturing, you
should consider whether your productive capacity
would allow you to generate enough stock to support
the level of sales that you are predicting. If
the volume of sales you forecast is above your
ability to produce today, what changes in your
operating environment must be made to meet the
production levels. Will you need additional employees,
if so, how much will they cost? Do you have to
acquire additional machinery for your shop operations?
What is the cost of the machinery and when will
you have to pay for it? Do you have enough space
to cope with the additional activity?
Once you have determined the cost of operating
your production or service facilities, you need
to consider what other expenses you must pay to
keep the doors of your business open. You typically
will have to pay rent for your office or manufacturing
facility. You must consider how much the monthly
payment is and when it has to be paid. Ask yourself
if there will be other cash requirements such
as a deposit on first and last month’s rent.
If you are opening a new business, you must consider
what your cash requirements are to make your facility
ready for your specific needs and purposes. Will
you have to buy or rent furniture? Will you need
to make tenant improvements or pay deposits for
utilities and other services?
You also need to consider many of the overhead
items and costs to open a new business that will
hopefully be one-time expenses. This may be a
solicitor’s fee for drafting partnership
agreements or incorporating your business, the
cost to obtain business licences, approval from
the taxing authorities, setting up an accounting
system, stationery costs, costs of signs or logos.
It may seem like the list of costs and expenses
to be incurred is endless. It may even discourage
you in moving forward with your business endeavour.
However, it is imperative to make the list as
detailed as possible to ensure that you have sufficient
funds to make your operation ready for business
prior to running out of cash. The more detailed
the list and the more sufficient information you
can provide, the less chance there is of unpleasant
surprises as you move down the stream to opening
your business.
In addition to determining the amount and volume
of expenses and cash outlays you will have to
make, it is critical to determine the timing of
such payments. As we have discussed in other chapters,
there may be a variety of financing alternatives
that are available to you. Most of the start-up
cost which you incur can be delayed or deferred
until you can generate the cash from your operation
to help pay them. This needs to be carefully analysed
and built in to your cash flow analysis. However,
a good rule of thumb is to assume that you are
going to have to pay your expenses sooner than
you think and that you will collect your cash
slower than you anticipate. If you work with this
attitude, any surprises should be favourable ones.
Cash flow projections can be very slow, time
consuming and tedious to undertake. It is often
very tempting to hire someone else to prepare
the projections for you. There are a variety of
individuals who can help you do this, but the
critical factor is that they only help. You as
the owner and operator of the business are the
only one truly qualified to develop your cash
flow projections. You know what it takes to open
and operate your business. Certainly a trained
professional can offer guidance and ask pointed
questions to be sure you are considering all of
the necessary and sometimes hidden costs of operating
a business. However, the more effort you put into
developing the cash flow projections the more
accurate they will tend to be. This exercise may
also help you to pinpoint areas of potential cash
savings that you have not otherwise considered.
We have included a worksheet as an exhibit following
this chapter that may assist you in developing
a cash flow analysis. Bear in mind however, this
worksheet does not include all the items that
should be considered in preparing your cash flow
analysis but should help raise many of the questions
which you need to ask yourself before deciding
how much cash will be required to establish and
operate your business and what period of time
must elapse before you can expect to pay back
the lender or return profits to your investors.
The following tax matters require consideration
as part of the preparation of your cash flow forecast:
VAT
and Other Taxes (Back
to Top)
If you are VAT registered (compulsory for businesses
with sales in excess of the statutory limit),
your sales receipts will include “Output”
VAT and some of your costs will include “Input”
VAT.
The net receipt of VAT has to be paid over to
the Customs and Excise each quarter. If, however,
your sales are zero rated, you will be able to
claim back the VAT on your purchases.
The basic calculation is not as difficult as
is often made out. Typically, adding up your sales
receipts for a quarter, multiplying the figure
by 17.5 and dividing by 117.5, gives you your
output VAT. Do the same for your purchase invoices
to calculate input VAT. Deduct input from output
and put this figure into your cash forecast in
the first month of the next quarter.
PAYE (Back
to Top)
If you employ people you will have to deduct
tax from their pay and pay it over to the Inland
Revenue in the following month. For a forecast
it is sufficient to put the gross figure in the
cash flow forecast as it automatically includes
PAYE.
Self-Employed Income
(Back to Top)
If you are the proprietor of a business that
is not a limited company, your wages are part
of the profit of the company and referred to as
“drawings”. The tax that you pay will
be based on the profit of the company not the
amount that you take out. It is advisable to pay
a sum into a deposit account each week to provide
for this tax that will be due after your year-end
- and it could be a lot of money. Ask your accountant
about this!
Many businesses go bust because they fail to
provide for the taxes that are payable. Make sure
that it does not happen to you!
|
|
|
OBTAINING CREDIT AND FINANCING FOR YOUR BUSINESS:
(Back
to Top)
|
If not independently
wealthy and perhaps even if you are, eventually
you will probably need to obtain some outside
capital for your business. In some instances,
you may need to obtain capital for the initial
expenses prior to opening your business
or for instance, the funds you require may
be for expansion or working capital during
the off season.
Generally business financing can take two
forms, debt or equity. Debt, of course,
means borrowing money. The loans may come
from family, friends, banks, other financial
institutions or professional investors.
Equity relates to selling an ownership interest
in your business. Such a sale can take many
forms such as the admitting of a partner
or, if you are in a company, issuing of
additional shares to investors. It is typically
a prudent idea to consult with your accountant,
as there are many significant legal ramifications
to such a step. |
How Do I Get the Money?
(Back
to Top)
Irrespective of the type of financing you need
and are able to obtain for your business, the
process of obtaining it is somewhat similar. There
are several questions that must be answered during
the course of raising money for your business.
The ability to answer these questions is critical
to your success in obtaining financing as well
as the overall success of the business. Remember,
in raising capital you have to sell the ability
of your business to potential investors in much
the same way as you sell your product to your
customers.
1. How much cash do I need?
To answer this question you will have to do
some serious cash flow planning, which will require
estimates of future sales, the related costs,
and how quickly you must pay your suppliers. You
will also have to build into your planning some
assumptions about when you will generate enough
cash to pay the money back. However, if you raise
cash through equity you probably don’t need
to pay it back but your investors will want to
know how the value of the business will grow and
how they will benefit through dividends or selling
their shares.
2. What will you do with
the money?
One of the most important questions you will
have to answer for a potential investor is how
the money will be spent. Will you use it for equipment
or to hire additional employees or perhaps for
research and development for a new improved product?
Again, part of the answer on how you spend the
money is how it will benefit the company.
3. What experience do you
have in running your business?
One of the primary reasons for business failure
is lack of experience of management. You will
need to convince your investors that you have
the knowledge, experience and ability to manage
your business and their money at the level at
which you expect to operate.
4. What is the climate
for your type of business and your geographic
location?
Few investors will want to put money into your
business if you haven’t done sufficient
“homework” to determine that you have
a reasonable chance of success. If your business
is based on existing economic or legal conditions
that are subject to change in the near future
your risk is substantially increased. Even if
your business has great potential, if the local
economy is sluggish to the point that it can’t
support your venture, you need to be aware of
this before moving ahead.
Once you have developed concrete answers to these
and other pertinent questions, you can begin looking
for financing. One of the first steps is to determine
whether to raise funds through debt or share capital.
There are positive and negative aspects to each
type. The cost to your company of each type of
funding is different, as is the way in which they
are treated for tax purposes. The interest on
borrowed money is deductible by a business for
tax purposes, which reduces the effective cost
to your company Dividends which you might pay
on the same investment in shares would typically
not be tax deductible by your company. In selling
shares there usually is no firm commitment by
your company to pay the money back but your shareholder
will want, and generally will have, a legal right
to have a voice in the management of your company.
When you have made the decision as to the type
of financing you think is appropriate to fit your
desires and needs, it is probably a good idea
to consult with your accountant as to alternative
types of debt or equity financing available.
Business Plan (Back
to Top)
Typically, a potential lender will want to know
all about you and your proposed venture. Many
of these details will have already been provided,
but are best provided in a logical consolidated
format. This format, or business plan, is a document
that enables the investor to readily obtain an
understanding of your proposal. It follows that
in order to successfully raise funding, the business
plan should be commercial and realistic.
DNA have experience in writing business plans
and can assist you in the effective drafting of
your plan.
Financing Alternatives
Whether you determine that debt or equity financing
is the best choice for your company, there are
a number of alternative types of financing available.
Depending upon the nature of your business, the
financing may be a combination of debt and equity
and may be tailored to fit the specific needs
of your company.
In the summary we will only mention a few of
the more conventional methods for a young company
to obtain capital, though the possibilities are
many. DNA can discuss these and other alternatives
in greater detail.
Debt Financing Sources
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1. Banks
The first source of funds, which typically comes
to mind when borrowing money, is a bank, which
is why they are in business. Banks typically lend
to small businesses on a secured basis using equipment,
stock or debtors. The more liquid and readily
saleable the assets you have to offer as security,
the more acceptable they are likely to be a banker.
Loans from a bank may take several forms such
as:
- An overdraft limit which is reviewed annually
and allows you to borrow up to a predetermined
maximum as you need it and pay it back as funds
from sales and receivables are collected.
- A short-term loan that is repayable on specified
dates.
- A term loan for the purchase of a specific
asset such as a computer or a machine.
As your relationship with your banker become
better, and your business becomes established,
you may consider a longer (3 to 5 years) loan
which will be payable in instalments.
2. Lease Financing
In today’s business environment it is
quite common to acquire equipment through lease
agreements. Leasing packages come in a variety
of types through many sources. Leasing companies
typically will accept a somewhat higher degree
of credit risk because they are looking to the
value of the equipment for collateral if your
business cannot make the agreed upon payments.
For this reason, leasing companies generally prefer
to finance new equipment of a general purpose
nature which can be resold if necessary. Leases
often run for a period of three to five years
and because of the risk that leasing companies
are willing to take, they are somewhat more expensive
than commercial bank loans.
3. Trade Credit
A very important source of financing for your
company may be from the creditors and suppliers
with whom you do business. Many suppliers will
originally ask for cash on delivery or, in some
instances, they want payment before starting on
your order, depending on the nature of your purchase.
Most suppliers will quickly establish trade credit
with you once you have gained their confidence
by continuing to do business with them and paying
as requested. Establishing good relationships
with trade creditors is essential because it allows
you to use the goods and services in your operations
and sell your product to your customers, in some
instance before you pay for them. The trade credit
you build today will be relied upon by other suppliers
as you attempt to establish yourself with other
suppliers in the future. Trade credit terms will
vary depending on the type of purchase you make,
the industry you are buying from and the industry
you are in.
Equity Financing Sources
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Equity financing usually means selling a portion
of your business. This can be accomplished in
a number of ways including the sales of ordinary
or preference shares. Equity sales are usually
carefully tailored to meet the needs of both the
company and the investor.
Venture Capital Companies
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A venture capital company or fund is typically
a company that is in the business of taking risks.
A venture capital fund is often backed by a group
of investors that may be individuals or companies.
The investors are often represented by a management
group that evaluates potential investments and
manages the existing investment portfolio.
The price of venture capital financing is usually
very high when compared to borrowing money from
a bank, but it must be remembered that venture
capitalists are dealing with much higher risk
situations than commercial banks will finance.
This cost of venture capital is measured in terms
of the portion of your company you must sell to
obtain the level of financing you require.
A venture capital firm sometimes requires a 300
to 500 percentage return on its investment over
a four to five year investment period. While this
may seem like an enormously high return, a venture
capitalist is in the risk business and the return
on a good investment must help offset those companies
that do not meet their projections or fail altogether.
To determine the price of such financing, a venture
capitalist will start with the amount of financing
you require and calculate what he must receive
at the time his investment will be sold to allow
him to achieve the rate of return he deems necessary.
Based upon the operating projections you provide,
discounted based on his experience, he will estimate
what your company might be worth at the time his
investment will be liquidated. This might be at
the point of a public offering or a sale to a
corporate investor. The last step for a venture
capital company in determining pricing is to calculate
what percentage of the company he must own to
realise the return he desires. At this point,
the “horse trading” generally begins.
As a general rule you will want to retain as much
of the ownership of the company as you can. The
venture capitalist wants enough ownership to achieve
his investment goals and have some control over
how his money is spent. This will often be achieved
by voting power and representation on the Board
of Directors at the same time a venture capitalist
wants to be sure there is sufficient reward in
the company for you and your management team to
be motivated and achieve the projections in your
business plan.
A venture capital company is often managed by
an individual or group of individuals with a strong
background in business and management. They can
often provide depth of experience and management
assistance in areas where your management team
may be weak. A venture capital group can very
often provide contacts and valuable introductions
in your industry. Remember a venture capital investor
becomes a member of your team.
Private Individuals
Very often, individuals who are successful in
their own right and have accumulated substantial
wealth may be looked to for investment in your
business venture. Such individuals may believe
that the success of your business may enhance
theirs as well as help increase their personal
wealth. These individuals, like a venture capital
company, very often want to participate in the
management activities of your firm and help guide
your progress through representation on the Board
of Directors. The business acumen and contracts
of these individuals can often be a valuable asset
of your business. An individual investor can often
react to opportunity much quicker than a venture
capital firm and typically has only his own interests
to serve as opposed to a financial backer or group
of limited partners.
Individual investors can be more flexible in
the type of investment structure they can deal
with, and often have personal, financial and tax
motivations to consider. |
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INSURANCE: (Back
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Business insurance,
like many types of expenditures is one of
those items that business owners typically
do not like to pay. You must remember that
sufficient insurance can be as critical
to the success of your business as a good
product or service. Without proper insurance
you could lose all of the money, time and
effort you put into your company. The types
and amounts of coverage you purchase must
be evaluated on a cost-benefit basis like
any other commodity that you purchase. Your
accountant and insurance agent can help
you review the amount of coverage you may
wish to purchase for various purposes. Usually,
you will want to insure against risks that
could have significant detrimental impact
on your business. This normally would include
such items as fire, storm damage, theft,
general and product liability. Depending
on the nature and size of your business
it is often a good idea to self-insure for
all or a portion of certain losses. Self-insurance
can be accomplished by not buying coverage
for incidental risks or increasing the deductions
on policies that you do buy. Often, raising
the deductible can have a very favourable
impact on policy premiums. The administrative
cost to the insurance company to process
small claims is quite high, consequently
the rates typically go down substantially
if they are relieved of this expense by
insuring for losses in excess of a sizeable
deductible amount. An insurance broker can
provide you with comparative costs for various
types of coverage with varying degrees of
deductible amounts. |
Required Policies
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Very little insurance coverage is mandatory.
The only insurance coverage typically required
by law is public and employers liability. Your
insurance agent can explain the required coverage,
the rating systems, and help you purchase a policy.
At DNA, we can recommend an insurance broker for
you.
You must also be aware that the terms of your
building, office lease or mortgage may require
you to carry certain kinds of insurance coverage
in specified minimum amounts. If you have leased
equipment or have borrowed money from a bank or
other lenders, there will usually be insurance
requirements in the agreements relating to these
transactions. There are many other types of policies
that you may wish to consider. Specific coverage
is provided by each policy and a qualified insurance
broker can explain the related costs in depth.
Some of the types of insurance coverage that
you might consider for your business are listed
below:
Commercial Liability
Insurance
There are many types of liability your business
may need cover for. "Liability" refers
to your legal obligation to pay compensation and
costs awarded against you in respect of loss or
damage sustained by a third party. Types of liability
you may want to consider:
- Public Liability This will protect you from
any liabilities from a Third Party (other than
your employees) bodily injury or damage to their
property that may occur during the normal operation
of your business.
- Employers' Liability If you employ anyone
outside your immediate family, you are required
by law to purchase employer's liability insurance.
This insurance offers you protection for any
liability arising from injury or illness sustained
by employees while they are working for you.
- Product Liability This will protect you from
any liabilities from a Third Party bodily injury
(other than your employees) or damage to their
property that may occur from products you sold
or supplied.
Public Liability
Public Liability is used to protect businesses
in the event that they are sued by a member of
the public. Public liability insurance is set
into force to protect you if you are sued by a
member of the public claiming that they have suffered
a loss as a result of negligence.
Key Man Insurance
Key man insurance allows you to cover key members
of your staff or management team, key members
whose disability or death could cause harm to
your company.
Key man insurance is a type of insurance which
few medium and small companies have in place,
while many large companies have key man insurance
in place but only for directors - i.e. the real
key players in the company have not been identified.
Landlord Insurance
If you rent your property to tenants then you
will need a specialist landlords' insurance.
As a landlord you face the risk of having to fork
out the costs in the event that your property
is damaged and you are not insured.
Life Insurance
Life insurance can be a useful policy to have
for small business owners who are looking for
increased peace of mind over the security of their
family and business if they were to die.
Many large companies also offer benefits packages
which offer life insurance - the self employed
need to be in a position to negotiate their own
cover and a life insurance policy should be one
of these insurance types.
Product Liability
Product Liability covers you if any products
that you sell or provide are faulty of defective.
In the event that you provide a product and it
is defective and someone suffers a loss as a result
of that product, they are entitled to pursue you
for compensation. For example, if you supply a
television and it blows up causing damage to someone's
property they will be entitled by law to sue you
for compensation.
Products, Sales and Servicing
Indemnity (PSSI)
Products, Sales and Servicing Indemnity is a
packaged cover that is usually provided with employers
liability and public liability insurance. PSSI
is formed of three different covers:
Products will cover you in the event that you
are pursued for selling defective goods.
Sales indemnity has the same purpose as products
liability but it kicks into effect with second
hand goods and ones which fall outside the manufacturers
warranty, it is usually associated with used car
dealers
Servicing Indemnity will cover you in the event
that you pursued for defective workmanship. For
example if you were a car mechanic and forgot
to re-attach the breaks properly and the client
had an accident as a result of the breaks not
working.
Business Interruption
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This coverage, as the name implies, covers the
loss of revenues your business would generate
if you were forced to shut down for reasons beyond
your control. While this is obviously valuable
insurance, the policy premium must be carefully
considered relative to the potential profits your
business might lose during a short shutdown of
operations.
Employee Fidelity Bond
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This type of insurance typically covers the risk
of loss from theft by employees. If your business
deals in large amounts of cash, negotiable securities,
or similar types of assets, you may be well advised
to consider this coverage. Certain industries
are required to carry this insurance by Regulatory
Authorities.
Umbrella Coverage
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This type of insurance covers losses above and
beyond the limits of other policies that you carry.
Umbrella policies usually pertain to liability
of various sorts and are usually valuable if your
business, or you, has a net worth that requires
protection in the event of a catastrophic loss.
Insurance is like any other product that you
purchase. Before purchasing it you should consult
with more than one broker as to your needs for
protection. You should discuss insurance needs
with acquaintances in the same or related business
as yours. Before buying coverage you should check
out the reputation of the company that is underwriting
the policy. |
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SELECTING PROFESSIONAL
ADVISERS: (Back
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Starting your
own business obviously entails a multitude
of decisions; decisions which can seem overwhelming
without the right players on your team.
In order to succeed you need to equip yourself
with every tool at your disposal.
One of the most cost effective tools you
can utilise is the expertise of a specialist.
The right accountant and solicitor can eliminate
a host of problems and potentially costly
errors you might make as you build the financial
foundation of your successful business.
As any coach can tell you, having a first
rate quarterback (you) won’t guarantee
a winning team without a first rate line
of defence. The right accountant and solicitor
is your best defence. Their expertise can
help save you money that in turn can be
used to increase profits.
When enlisting the expertise of an accountant
and solicitor you want a specialist suited
to meet your specific needs. You want a
specialist who will listen to you. More
importantly, you need some you can and will
listen to as they devise strategies to help
you succeed.
You want to succeed - and you can. By
taking the time to make key decisions and
enlisting the right players on your team
- you will succeed!
We wish you success and welcome you to
the wonderful world of free enterprise. |
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USEFUL NAMES, ADDRESSES
AND TELEPHONE NUMBERS: (Back
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| Name |
Address |
Telephone
No. |
INLAND
REVENUE |
|
|
| Self Assessment Orderline |
|
0845 9000 404 |
| New Employer’s
Helpline |
|
0845 607 0143 |
| Subcontractors Helpline |
|
0845 300 0581 |
| Helpline for the Newly
Self-Employed |
|
08459 15 45 15 |
| Working Families Tax
Credit |
|
08457 143143 |
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| NATIONAL INSURANCE |
|
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| National Insurance
Contributions Office |
Longbenton, Newcastle
upon Tyne NE98 1ZZ |
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| MISCELLANEOUS |
|
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| Companies House |
Crown Way, Maindy,
Cardiff CF4 3UZ |
029 2038 0801 |
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CONCLUSION: (Back
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You now have
a handy reference guide to starting a business.
With it you should be able to successfully
handle many of the problems encountered
in starting and running a business. Always
remember to seek professional advice in
areas that you are not sure. The benefit
will far outweigh the cost. Good luck!. |
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