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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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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 |
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