Navigating the challenge of late payments

Navigating the challenge of late payments

In the world of business, cash flow is king and, for small business owners, it is a lifeline that keeps their ventures afloat and enables growth.

However, in recent times, late payments have been an issue that has been casting a shadow over small businesses across the UK.

Below, we investigate this pressing concern and how it might impact your business finances.

The late payment predicament

Recent data has revealed that late payments to small businesses have reached a concerning three-year high.

On average, small businesses are now waiting for nearly 30 days to receive payments from their customers.

This represents an increase of half a day compared to the earlier part of the year.

September witnessed payments arriving a staggering 7.7 days after their due date.

The impact on small businesses

For small business owners, the repercussions of late payments are multifaceted.

They extend beyond mere financial inconvenience:

  • Cash flow crunch: Late payments can lead to cash flow challenges, making it difficult for businesses to meet their immediate expenses, including supplier payments, salaries, and operational costs.
  • Disrupted planning: Managing a business requires careful planning and budgeting. Late payments disrupt this planning, as businesses struggle to predict when funds will become available.
  • Financial strain: In cases where customers delay payments, business owners may find themselves personally covering expenses or relying on personal credit, leading to financial stress and instability.
  • Professional image: Constantly chasing payments can impact the professionalism of your business, as it reflects poorly on your ability to manage your finances effectively.

The Prompt Payment Code

The Prompt Payment Code (PPC) sets the standard for prompt payments from larger businesses to their small business suppliers.

According to the PPC, 95 per cent of invoices from small businesses with fewer than 50 employees should be paid within 30 days.

However, it’s important to note that adherence to the PPC is voluntary, which has led to concerns about its effectiveness.

Seeking solutions

While the Government has launched a review to address late payment issues, it’s crucial for small business owners to take proactive steps to mitigate the impact:

  • Clear payment terms: Establish clear payment terms and policies with your customers to ensure they understand your expectations.
  • Invoicing efficiency: Streamline your invoicing process to make it easier for customers to pay promptly.
  • Diversify income streams: Consider diversifying your income sources to reduce reliance on a single customer or client.
  • Communication: Open and regular communication with customers about payment expectations can help prevent delays.

Late payments represent a genuine challenge for small business owners and, as such, it is vital to remain vigilant and proactive in managing this issue to safeguard the financial health and sustainability of your business.

By adopting sound financial practices and advocating for timely payments, you can navigate this challenge effectively and ensure the continued success of your enterprise.

To find out how we could help you manage the consequences of late payments, please get in touch.

Four new investment zones unveiled and how they could help your business

Four new investment zones unveiled and how they could help your business

During the 2023 Autumn Statement, Chancellor Jeremy Hunt made a significant announcement about investment zones that could impact numerous businesses across the UK.  

The four new investment zones in Greater Manchester, West Midlands, East Midlands (England), and Wrexham and Flintshire (Wales) signify a concerted effort to bolster economic development and stimulate business growth alongside the previously announced investment zones across the UK.

Extending the investment horizon 

One of the standout commitments made by the Chancellor is the extension of the investment programme from five to 10 years.  

This extension effectively doubles the financial envelope from £80 million to £160 million.  

This significant increase in available funds paves the way for more substantial investments and a more profound impact on the designated regions. 

Greater Manchester 

The Greater Manchester Investment Zone emerges as a standout player in this initiative.  

With an estimated £1.1 billion in private investments anticipated, this region is set to become a thriving hub for advanced manufacturing and materials.  

Collaborations with local partners further solidify the strategic focus on fostering innovation and growth. 

West Midlands 

In the West Midlands Investment Zone, which encompasses Birmingham, Wolverhampton, and Coventry, the potential for business growth is significant.  

With plans to leverage £2 billion in investments, the region is poised to drive innovation and economic prosperity.  

Private contributions of £70 million, along with an additional £5 million allocated to digital platforms, will fuel entrepreneurial ventures and technological advancements. 

East Midlands 

The East Midlands Investment Zone, with an allocation of £383 million, is poised to experience a notable economic revival.  

Industry giants Rolls Royce and Laing O’Rourke have pledged substantial contributions, amounting to £9.3 million.  

This financial injection will play a pivotal role in driving growth and development in the Nottinghamshire and Derbyshire regions.

Leaders and officials across the area have voiced their enthusiasm and support for these initiatives.  

Nottinghamshire County Council leader Ben Bradley (Conservative) has praised the scheme as “fantastic news” for his region, echoing the sentiments of many who are eagerly anticipating the positive transformation these investment zones promise. 

How these investment zones benefit businesses 

The creation of these investment zones holds immense potential for businesses.  

Here’s a more detailed look at how businesses stand to benefit: 

  • Tax relief: Tax incentives are available for up to 600 hectares across a maximum of three sites, with a duration of five years. In cases where the full 600-hectare tax incentive is not utilised, there’s an option to exchange this for increased spending benefits. Furthermore, locations hosting investment zones may be eligible to retain 100 per cent of the growth in business rates on designated sites, above a predetermined baseline, for a period of 25 years. Additionally, these areas will receive support and guidance from central Government on key policies, including export support, planning, and infrastructure.
  • Increased investment: The infusion of private and Government funds into these regions presents businesses with opportunities for expansion, research and development, and infrastructure improvement. 
  • Job creation: The Treasury’s estimates of 66,200 new jobs over the next decade signify increased employment opportunities, leading to economic stability and growth. 
  • Innovation hub: The focus on advanced manufacturing and technology within these zones encourages innovation and the development of cutting-edge products and services. 
  • Collaboration: Collaboration with local partners and industry leaders opens doors for networking and potential partnerships, fostering business growth. 
  • Long-term sustainability: The extension of the investment programme to 10 years ensures a sustained period of financial support, allowing businesses to plan for the future. 

The unveiling of these investment zones marks a pivotal moment for businesses across the UK.  

The increased funding, strategic focus, and regional collaborations present an unprecedented opportunity for growth and prosperity.  

 

By tapping into these investment zones, businesses can position themselves for long-term success, innovation, and economic sustainability. 

To find out how you could benefit from these new investment zones, please contact one of our team.

An essential financial opportunity maximising your State Pension

An essential financial opportunity maximising your State Pension

In retirement planning, you may encounter a multitude of options and strategies to increase your pot, but some have a catch.

However, some prospects are more valuable, and one such opportunity is currently presenting itself to individuals aged 40 to 73 in the United Kingdom.

If you fall within this age bracket, it is imperative to consider purchasing missing National Insurance (NI) years from the period between 2006 and 2016, a move that could significantly enhance your State Pension.

The deadline: Act before 5 April 2025

The deadline for seizing this opportunity is set at 5 April 2025.

While the primary focus is on those aged 40 to 73, even individuals under 40 can benefit from assessing whether it’s worth topping up their NI record.

Recognising the overwhelming demand for this opportunity, the Government has extended the deadline not once but twice.

Initially scheduled to conclude on 5 April 2023, it was then extended to 31 July 2023, and subsequently, to 5 April 2025.

Moreover, the cost of making voluntary NI contributions remains frozen until the latter date.

The significance of National Insurance years

At present, the ‘new’ State Pension stands at £203.85 per week.

However, the precise amount you receive hinges on the number of qualifying full National Insurance (NI) years in your record.

While most individuals accumulate NI years through employment and NI contributions, it’s essential to note that claiming benefits or providing care for others can also count towards your qualifying years.

Generally, around 35 full NI years are required to attain the maximum State Pension.

Nevertheless, some individuals may require more years in employment, contingent on their age and NI record up to this point.

A rare opportunity to buy back years

Ordinarily, individuals are allowed to buy back up to six years of missing NI contributions.

However, when the ‘new’ State Pension was introduced, transitional arrangements were established to enable individuals to fill gaps all the way back to 2006.

The initial deadline extension now grants individuals until 5 April 2025 to take advantage of this rare opportunity.

In conclusion, for individuals aged 40 to 73 in the UK, the option to purchase missing National Insurance years is a financial opportunity that should not be overlooked.

Given the potential for significant financial gain and the extended deadline until 5 April 2025, it is advisable for you to evaluate this option as a vital component of your retirement planning strategy.

Your State Pension could be substantially enhanced, ensuring a more secure and comfortable retirement.

To discuss this with a qualified and experienced accountant, please get in touch.

The future of payments – Cards, cashless and beyond

The future of payments – Cards, cashless and beyond

Alongside measures designed to support growing businesses and workers, the Chancellor’s 2023 Autumn Statement saw the publication of the Future of Payments Review.

Chaired by former HSBC Chief Executive, Joe Garner, the review comes as many retailers are struggling with the shift to digital and card payment exclusively.

The past few years have seen many larger retailers prefer card payments or refuse cash payments outright – and recovery of cash has been slow.

As a result, consumers are also moving towards cashless spending – both through the expectation of needing to use a card, and the convenience of card payments.

A cashless solution?

Only 1.5 per cent of the UK population use cash as their main form of payment, according to a UK Finance study in 2023. In contrast, almost one-third of people use cash once per month or less.

What these figures reveal is a general trend towards cashless spending. But is this right for small businesses?

Many independent business owners struggle to operate a card-only payment system because many card providers charge a small percentage of the total payment as a transaction fee.

For most providers, this is between one and four per cent, which can have a huge impact on profitability for a business with low-profit margins and small sales volumes. Very small businesses may also operate without a buffer fund to cover these additional costs.

Alternatively, operators have to pass this cost onto the customer, which many are not willing to do as the cost of living remains high and consumers seek good value.

An alternative vision

The Future of Payments Review has made 10 recommendations to the Government to improve the payment landscape for consumers and business operators. It seeks to provide retailers with a wider range of options for accepting customer payments.

Primarily, it recommended the creation of a National Payments Vision and Strategy, which prioritises customer experience, retailers and security.

Open banking, which enables consumers to share certain financial details with retailers in order to make a direct bank-to-bank payment, has been central to the review.

The benefit to consumers is clear, with a straightforward payment option that rivals card payments in convenience. Retailers, too, may be able to reduce card payment costs and streamline their finances.

However, the current climate has made the adoption of open banking challenging.

Traditional banks currently have a virtual monopoly on card payments – which the review has found the current system to be too reliant upon – and not enough is being done to incentivise open banking alternatives.

This monopoly makes it hard for retailers to actively choose which payment methods to accept based on their associated costs because consumers are most comfortable with the ‘journey’ of card payments.

The idea is to create a ‘customer journey’ for open banking, making it as familiar and viable a choice for consumers as a credit or debit card.

This will give retailers a larger choice of payment methods to accept, meaning they can take payments without additional costs or losing business from consumers who do not use particular payment methods.

Safeguarding your operation

We understand that you want to provide your customers with the best possible experience, which may mean offering a variety of payment options.

You will also want to review which payment options provide the most benefit and the least cost to your business as more payment options become available.

As Government policy evolves, it is likely that retailers will face uncertainty as well as reaping the benefits of innovation.

For advice on covering the costs of card payments and planning for new payment methods, please contact our team today.

Making Tax Digital for Income Tax – Government kills off confusing year-end statement

Making Tax Digital for Income Tax – Government kills off confusing year-end statement

Designed to reduce the tax gap and simplify tax management for individuals and businesses, the Government’s Tax Administration Strategy is set to introduce Making Tax Digital (MTD) for Income Tax Self-Assessment (ITSA) by 6 April 2026.

It will allow those who are self-employed, are landlords or are otherwise responsible for their own tax returns to keep digital records through the MTD system.

With a view to reducing tax lost to avoidable errors, MTD requires taxpayers to send digital records directly to HM Revenue & Customs (HMRC).

MTD taxpayers will be required to use compatible accounting software which, the Government hopes, will encourage wider efficiency and digitisation.

However, certain elements of the proposal have met with resistance due to confusion over new requirements.

As the scheme comes into force, the Government has now made a number of practical tweaks to the policy – seizing the opportunity presented by the Chancellor’s Autumn Statement

Tax and self-employment

MTD seeks to reduce the amount of tax lost by the Government due to errors made on an individual level.

A key element of the scheme is Income Tax Self-Assessment (ITSA), requiring self-employed individuals and landlords to use the MTD software to record their earnings and calculate tax liabilities.

Starting in April 2026, self-employed persons and landlords earning over £50,000 will need to maintain digital records and submit quarterly updates on their earnings and expenses to HMRC using software compatible with Making Tax Digital (MTD). For those earning between £30,000 and £50,000, this requirement will come into effect from April 2027.

Each quarter, these taxpayers will be required to submit financial records including earnings, profit and loss.

Under existing proposals for MTD ITSA, taxpayers would have been required to submit an End of Period Statement (EOPS) in two parts:

  • EOPS reporting taxable profit/loss
  • A Final Declaration containing EOPS data, other income, allowances and reliefs

However, the EOPS caused a stir among taxpayers as it would have separated the current year-end process into two steps, resulting in confusion and uncertainty for traders.

It may have also actively harmed the overall aim of the scheme by introducing a new potential source of error.

What has changed?

The Government has now announced that the EOPS will not be a separate requirement to the Final Declaration, instead being built into a single process.

The change should simplify the ITSA process and reduce the possibility of mistakes and inaccurate reporting.

Supporting the Final Declaration is another change to the proposed policy, making the required quarterly updates cumulative.

What will this mean for taxpayers?

Taxpayers will now face a more straightforward process for submitting year-end reports under MTD.

Taxpayers can easily access their financial reports throughout the year with quarterly updates, making end-of-year submissions easier.

You’ll also be able to correct past errors in the next quarter, rather than needing to resubmit in the same quarter.

Overall, these new measures will go a long way to achieving the scheme’s goal of streamlining finances for self-employed individuals and sole traders, encouraging operators to embrace digital solutions for efficiency more widely.

How can we help?

If you are self-employed or a landlord, you may benefit from seeking professional financial advice before MTD comes into law.

Making a mistake and paying less tax than you owe could result in a large bill later on, or even legal difficulties.

We can advise you on using the MTD system, integrating it with your current accounting software and complying with all the accompanying regulations.

To access bespoke support, please don’t hesitate to get in touch with our team today.

R&D tax relief schemes to merge in 2024 – What it means for future claims

R&D tax relief schemes to merge in 2024 – What it means for future claims

Chancellor Jeremy Hunt has announced a number of reforms to policies concerning businesses and innovation, in a bid to enhance growth in the economy.

A significant measure concerns various tax relief schemes for businesses in the Research and Development (R&D) sector.

Many operators in this sector are eligible for Corporation Tax relief on qualifying expenditure to ease the burden of investing in capital and encourage growth.

Recent changes have left many businesses, particularly small and medium-sized enterprises (SMEs), in a state of uncertainty around what future claims might look like.

What has changed?

Under previous legislation, businesses conducting R&D could claim tax relief under two separate schemes – the R&D Expenditure Credit (RDEC) and the SME relief.

Each scheme had separate criteria for businesses fitting the standard definition of R&D.

Under new regulations, the SME and RDEC schemes will now be merged in a bid to simplify the process.

Under the new scheme, all qualifying businesses, regardless of staff levels or turnover, will be able to claim against R&D spending at a rate of 20 per cent on all qualifying expenditure from 1 April 2024.

In addition, the notional tax rate for loss-making companies will be reduced from the main rate of 25 per cent to the ‘small profits’ rate of 19 per cent in April 2024.

The new scheme also encourages firms which lack the capital resources to carry out projects to outsource their R&D operations.

By adopting similar rules to the existing SME scheme, the merged relief will allow tax relief claims on almost all outsourced R&D contracts to UK firms.

For the benefit of SMEs, subsidised expenditure is not deducted by the new merged scheme, meaning companies which receive grant funding for part of their R&D costs will not face a reduced amount of relief.

Who’ll be affected?

All businesses who claim R&D tax relief under either of the previous schemes may be affected.

To qualify for this credit, businesses must meet the following criteria:

  • Look for an advance in their field
  • Try or succeed at overcoming a scientific or technical uncertainty
  • Address an issue that cannot be easily worked by a professional in the field
  • Claim relief on a project related to their trade

Aside from the merge, SMEs may now claim additional relief on R&D expenditure if they qualify as ‘R&D intensive’, meaning at least 30 per cent of their expenditure covers R&D, for accounting periods after 1 April 2024.

How will future claims be affected?

The aim of the measure is to simplify the process of claiming R&D tax relief with a single set of qualifying rules.

Its impact on future claims will depend on whether the individual firm is a principal or subcontractor in an R&D agreement.

For firms themselves, this simplified way of claiming capital allowances on R&D expenditure is likely to provide a major incentive to investing in R&D and raising the profile of its R&D programme.

The measure also removes the need for growing companies to transition between the SME and RDEC schemes, meaning that firms can scale their operations and turnover without impacting their eligibility to claim for R&D under the scheme.

However, it is likely that subcontractors, which are currently able to claim under the existing schemes, will see a significant incentive removed as they can no longer claim relief on R&D expenditure under the merger.

This may mean that the R&D sector faces a period of uncertainty and slow growth while operators adjust to new regulations. Outsourcing agreements may also need to be renegotiated to reflect the new tax relief arrangements.

With no transition period between the two schemes, R&D operators may need to seek professional support to quickly identify how these new measures will impact them.

For advice on how your firm will be affected by these new measures, please contact our expert team today.

Autumn Statement 2023

Autumn Statement 2023

With a General Election looming on the horizon, Jeremy Hunt rose to deliver his second Autumn Statement as Chancellor in the knowledge that his latest measures could have a substantial impact, not only on the future economic success of the nation but the electoral success of his own party.

Taking away the politics from his announcements, the Chancellor launched into his Autumn Statement with the news that inflation had more than halved this year and that the Government had fiscal headroom of up to £25 billion thanks to the additional tax receipts accrued due to rising incomes and frozen tax rates.

As the Chancellor said, the Government had taken difficult decisions to put the country back on track and prevent a recession.

This gave Jeremy Hunt a greater ‘War Chest’ and more room to deliver on the promise of tax cuts made days before by the Prime Minister.

Nevertheless, the Chancellor still had to strike a fine balance and try to not only deliver tax cuts but also financial surety and economic stability – for businesses and individuals alike.

In announcing his measures and future consultations, Jeremy Hunt concluded his speech by saying this was an “Autumn Statement for Growth” thanks to his 110 business-boosting measures.

The Economy and Inflation

Going into the Autumn Statement the Chancellor already knew that he had hit the Government’s target of halving inflation by the end of 2023.

The Office for Budget Responsibility (OBR) confirmed that the rate had already hit 4.6 per cent and would fall again to 2.8 per cent in 2024 and again to 2 per cent in 2025.

Jeremy Hunt said he would not take any risk with inflation and would continue to bring the rate down.

Whilst this is largely positive news, back in March the OBR estimated that inflation would fall to 0.9 per cent in 2024, meaning that inflation remains fairly persistent for a longer period, which could impact future decisions by the Bank of England’s Monetary Policy when it comes to setting the base rate in future.

More broadly, the latest GDP projections indicate that UK growth is more robust than anticipated this year, but not as strong as initially expected in 2024, 2025, and 2026.

The latest forecast shows that GDP growth will reach 0.6 per cent this year before rising to 0.7 per cent next year.

This means next year’s figures are down on the OBR’s previous estimates from March, which suggested growth of 1.8 per cent in 2024. In the following year, GDP growth will rise again to 1.4 per cent before growing to 1.9 per cent in 2026.

Support for Small Businesses

Having run a small business himself, the Chancellor said that he understood the pressures they faced and wanted to boost their growth and productivity.

To support those businesses in the hospitality, retail and leisure sectors, Jeremy Hunt confirmed that the 75 per cent business rates discount would be extended. The Chancellor also confirmed that he would freeze the small business multiplier for a further year.

However, his big announcement was that he would permanently extend the Full Expensing capital allowance, to provide certainty to businesses looking to invest.

Originally due to end in 2026, the establishment of this Corporation Tax relief as a permanent allowance is thought to be worth over £10 billion a year – making Full Expensing the biggest business tax cut in modern British history according to the Government.

Building on the previous Budget’s creation of Investment Zones, the Government will plan to create 12 investment zones in the spring including new areas in the West Midlands, the East Midlands and Greater Manchester.

The tax reliefs for freeports and investment zones will also be extended from five years to 10 years. Alongside this, there will be £80 million for new projects in Scotland, Wales and Northern Ireland.

Future and Innovation

Looking to the future and the UK’s fast-growing technology economy, Jeremy Hunt announced a package of funding and support for innovative businesses.

Amongst these measures was an additional £500 million funding for UK artificial intelligence (AI). The Government will invest in more "innovation centres" to help make the UK an "AI powerhouse" over the next two years.

The Chancellor is also due to publish plans to make £4.5 billion available over the next five years to unlock further private investment into strategic manufacturing sectors, including additional money for electric cars and the life sciences industry.

Many were also expecting changes to R&D tax relief, and while he quickly mentioned it in his speech the greater detail was to be found in the Autumn Statement documents.

Following previous proposals and consultation, the documents confirmed that the current Research and Development Expenditure (RDEC) and SME schemes will merge. Expenditures from accounting periods starting on or after 1 April 2024 will be eligible for the combined scheme.

This merger represents a significant simplification of tax rules, introducing unified qualifying criteria and a more transparent credit system. The hypothetical tax rate for loss-making entities in this merged scheme will be reduced from the current RDEC's 25 per cent to 19 per cent.

The threshold for additional tax relief for R&D-intensive, loss-making SMEs will also be lowered from 40 per cent to 30 per cent. This adjustment will bring about 5,000 more R&D-intensive SMEs into the relief's purview. The Government will also implement a one-year grace period, allowing companies falling below the 30 per cent R&D expenditure threshold to continue receiving relief for a year.

However, from 1 April 2024, R&D tax credit claimants will now be unable to designate a third-party recipient, except in limited cases. Additionally, new assignments of R&D tax credits will cease from 22 November 2023. Generally, R&D tax relief payments will be made directly to the claiming company, ensuring better control and expedited receipt of funds.

Assisting with the Cost of Living

A dominant factor in many people’s lives has been the cost of living due to high inflation rates. Whilst inflation has fallen, many individuals are still experiencing the daily impact of higher costs and so the Chancellor wanted to make it clear that the Government was there to support people.

Key to this was the headline announcement of a cut to the employee National Insurance rate from 12 per cent to 10 per cent from 6 January 2024. This means that individuals earning the national average wage of £35,400 will receive a tax cut in 2024-25 of over £450.

To help self-employed individuals, the Chancellor confirmed further changes to National Insurance, including the abolition of Class 2 NIC.

Currently, self-employed individuals earning over £12,570 must pay a weekly fixed rate of Class 2 National Insurance Contributions (NICs), which was set to increase to £3.70 from 6 April 2024.

At the same time, the main rate of Class 4 NICs will fall from 9 per cent to 8 per cent – providing further savings to the self-employed.

The Chancellor also confirmed that the National Living Wage (NLW) would rise to £11.44 per hour from 1 April 2024, while the NLW will be expanded to include 21-year-olds for the first time by lowering the age threshold.

Pensions

The Government will uphold pensioner incomes by preserving the Triple Lock and adjusting the basic State Pension, new State Pension, and Pension Credit standard minimum guarantee for 2024-25 in accordance with the average earnings growth of 8.5 per cent.

The Government will also address the persistent issue of "small pot" pensions by initiating a call for evidence on a lifetime provider model.

This approach would enable individuals to have their contributions transferred to their existing pension scheme when they switch employers, offering more autonomy and oversight over their pension.

Jeremy Hunt said he will consult on giving pension savers a "legal right to require a new employer to pay pension contributions into their existing pension", which could provide an "extra £1,000 a year in retirement for an average earner saving from 18".

As previously confirmed, the Government will legislate in the Autumn Finance Bill 2023 to remove the Lifetime Allowance. This will take effect from 6 April 2024.

Final Thoughts

The outcome of this Autumn Statement is perhaps not surprising given the fiscal buffer available to the Chancellor going into his speech and the upcoming General Election in 2024.

While there are many benefits provided through Jeremy Hunt’s 110 measures, the devil is in the details and the reality is that many individuals and businesses will go into 2024 with concerns about costs, alongside the support being provided.

Link: Autumn Statement 2023

The key implications of the Economic Crime and Corporate Transparency Act

The key implications of the Economic Crime and Corporate Transparency Act

The recent Royal Assent of the Economic Crime and Corporate Transparency Act introduces robust measures that bolster the capacity of UK authorities to dismantle criminal networks and thwart those exploiting the nation’s economic openness.

Companies House will receive strengthened authority to verify the identities of company directors, purge fraudulent entities from its records, and collaborate by sharing vital data with law enforcement bodies.

The Act extends greater control to authorities over cryptoassets, allowing them to seize, freeze, and reclaim such assets. In a significant legal shift, courts will also have the power to dismiss insubstantial legal claims that are intended to suppress free speech. These advancements will lead to more effective legal action against corporate wrongdoing.

These legislative changes are designed to create a fairer environment for businesses and cement the UK’s reputation as a premier global centre for legitimate commercial activities.

Failure to prevent fraud – Implications for businesses

The new “failure to prevent fraud” requirement obliges businesses, as well as individuals within these organisations, to undertake reasonable measures to avert fraud.

While many firms may have such processes already in place, the Government’s regulations are designed to clamp down on those unscrupulous entities that have not taken steps to prevent fraud, thereby placing their customers at increased risk.

For businesses, this could necessitate a thorough reassessment of their current fraud prevention strategies and a close examination of potential vulnerabilities.

Who is at risk of conviction?

Under the Act, as it stands, only large companies, which are those with over 250 employees, a turnover exceeding £36 million, and total assets above £18 million, are within the remit of this offence.

A conviction can result in an unlimited fine, the amount of which is determined by the court. It is critical to note that, while individuals can be prosecuted for engaging in or aiding fraud, the new legislation does not extend to prosecuting individuals for a failure to prevent fraud.

Measures to avert fraud The new law mandates that all large organisations, including charities, implement reasonable fraud prevention measures. These measures may encompass:

  • Employing secure authentication processes
  • Utilising secure payment systems
  • Encrypting confidential data
  • Training staff to recognise and respond to common fraud types
  • Conducting random audits of inventory and finances
  • Informing customers about potential fraudulent schemes

If an organisation’s risk of fraud is deemed very low or non-existent, it may also be reasonable to not have any measures in place.

Changes to Companies House requirements

Companies House will undergo its most significant transformation in its 180-year history. The agency will take immediate action to improve the reliability of its company register, including the removal of invalid office addresses and tighter verification checks.

New rules around public beneficial ownership will close existing loopholes, enabling a more transparent business environment. This will help in revealing corrupt actors and building public trust.

However, one of the most profound changes is the requirement for all companies to publish full accounts, removing the option for small companies to file ‘filleted’ accounts, which previously allowed them to withhold their Profit and Loss (P&L) statement from public disclosure.

This shift towards full transparency will mean that the detailed financials of SMEs will now be available for public scrutiny, including by competitors and employees.

The Government intends to deter fraud and promote transparency, but it may inadvertently lead to privacy concerns for small businesses.

Many will consider alternative business structures or practices to maintain confidentiality.

Reverting to historical practices

This move represents a reversion to practices predating 1985 when all companies were required to publish comprehensive financial details.

The potential consequences of these changes are complex, with businesses likely to explore various strategies to address the resulting loss of financial privacy.

These strategies may include:

  • Disincorporation
  • Business splitting
  • Changing company names and other identifying details frequently
  • Utilising holding company and subsidiary structures
  • Creating new service companies for cost recharging, which could reduce the apparent profitability of the primary company

Some of these strategies can be compliance nightmares, so consulting with a qualified solicitor is always advised.

Increased transparency for limited partnerships

For SMEs operating as limited partnerships, the Act tightens registration requirements and demands greater transparency.

This is likely to result in more stringent reporting obligations for your business.

Non-compliance could lead to penalties or, worse, intensive tax audits, which could disrupt business operations.

Strengthened anti-money laundering measures

The Act also enhances anti-money laundering regulations, necessitating a higher level of financial disclosure.

This increased scrutiny could uncover discrepancies in bookkeeping that may attract HMRC investigations – a situation most businesses strive to avoid.

Safeguarding your enterprise

An uptick in corporate responsibility for fraud prevention, particularly within larger firms, is anticipated.

In light of these changes, business leaders and key decision-makers may find it increasingly necessary to seek specialised assistance. To find out how we can help, please contact us.