Business News

There is a series of impending changes to UK company law as a result of the enactment of the Economic Crime and Corporate Transparency Act last year.

These highly anticipated changes, expected to commence on 4 March 2024, subject to parliamentary schedules, will significantly impact the operation and compliance requirements of your company.

Directors must understand and comply with these changes from the first day of their implementation, which is why our team have outlined the new rules below:

Key changes to prepare for:

• New rules for registered office addresses: From 4 March 2024, your company must have an ‘appropriate address’ as its registered office. This means a location where any documents sent are likely to be noticed by someone acting on the company’s behalf and where document delivery can be acknowledged. PO Box addresses will no longer be acceptable. If your company is currently using a PO Box, you must update this by 4 March 2024 using your company’s authentication code.
• Requirement for a registered email address: Another critical requirement is for all companies to provide a registered email address to Companies House from 4 March 2024. This email will be used for official communications and will not be publicly disclosed. For new companies, this requirement applies upon incorporation, while existing companies must comply when filing their next confirmation statement after 5 March 2024.
• Statement of lawful purpose: Upon incorporation and in your confirmation statements, you will need to affirm that your company is formed for a lawful purpose and that its intended activities will be lawful. This step is to ensure that all companies operate legally. Non-compliance with this requirement can lead to the rejection of your documents.

Given these changes, you should be prepared to provide evidence of your registered office address and ensure all statements regarding the lawful purpose are accurate and up to date.

Failure to comply with these new regulations, especially regarding registered office and email address, could lead to the committal of corporate offences and, potentially, the striking off of your company from the register.

Act now

While the changes may seem a way off yet, we suggest you take the following steps now:

• Review and update your registered address: If you use a PO Box, change this to a compliant address before 4 March 2024.
• Prepare and submit an official email address: Select an email address for your company and ensure it is ready to be registered with Companies House.
• Ensure Compliance with lawful purpose statements: Review your company’s objectives and activities to ensure they align with lawful operations.

Should you need any assistance or have any questions, please feel free to reach out for further guidance from our experienced team.

Starting in April 2026, UK employers will have to include the benefits they give to their employees, like company cars or health insurance, directly in their payroll.

This means these benefits will be taxed through the payroll system, and not reported separately.

This change is to make tax reporting easier for employers, but it also means employers need to be ready for a few added responsibilities.

Your new responsibilities

You will no longer be able to pick and choose which benefits you include in your payroll and which you report separately – it will all have to be reported via your payroll records.

In addition, you will need to:

• Keep track of your data more rigorously and stringently.
• Take on more responsibility with PAYE, which will now be scrutinised more heavily.
• Explain these changes clearly to your staff so they understand where, how and why their benefits are being taxed.
• Check if your payroll software is compatible with the proposed changes.
• Figure out how to manage certain benefits, like loans or company cars, under this new system, which might be tricky.

Employees might also see changes in their cash flow because, with benefits in kind being added to their payroll, the tax on these benefits will be taken out of their monthly pay.

This means they might end up with different take-home pay each month, especially during the first year of this change.

Practical steps to manage the changes

To effectively manage the upcoming changes in payrolling benefits in kind, here are some practical steps you can take:

• Start preparing now. Review your current payroll processes and benefits administration to identify any changes needed.

• Ensure your payroll software can handle the inclusion of benefits in kind. If not, plan for necessary upgrades. Conduct testing well in advance to avoid last-minute hitches.
• Train your payroll and HR teams on the new requirements. They should understand the changes in tax calculations and reporting.
• Develop a clear communication strategy to inform your employees about how these changes will affect their pay and tax.
• Encourage employees to review their personal finances and budgeting, considering the potential changes in their monthly take-home pay.

By taking these steps, you can ensure a smoother transition to the new system and easily maintain compliance.

Remember, early preparation and clear communication are key to managing this change effectively.

If you need support or advice in relation to this change, please speak to our team.

The Government plans to introduce new legislation to help parents who earn more money than others with their future pensions.

In essence, if you did not claim child benefit because you earned over £50,000 when you had children, you will soon be able to claim National Insurance credits.

These credits are important for getting the full State Pension when you retire.

Why do you need National Insurance credits for your pension?

To get the full State Pension, you need a certain number of years where you have paid National Insurance contributions.

These contributions are usually made when you work and pay National Insurance.

However, if you are a parent or carer and you do not work or earn less because you are looking after children, you might not pay National Insurance.

This is where National Insurance credits come in.

They act like ‘placeholders’ for the years you are not working due to childcare.

These credits count towards your National Insurance record, just like if you were working and paying National Insurance.

But, if you did not claim child benefit because you earn over £50,000, you might have missed out on getting these credits.

So, the National Insurance credit scheme allows you to claim the credits you’ve missed, helping you qualify for the full State Pension.

When will you be able to claim?

The Government is saying that it should be from April 2026, and it will cover anyone affected since 2013. However, they have not revealed the full claiming process yet, nor the full eligibility conditions.

Having said that, it is entirely possible that when the claiming process opens, thousands of individuals will be applying so it is best to get your affairs in order sooner rather than later.

We recommend you do two things:

1. Check your National Insurance contributions record online here to see if there are any gaps.

1. Speak to an experienced accountant who can prepare you for claiming.

Please get in touch if you have any questions about your National Insurance Contributions.

HM Revenue & Customs (HMRC) has made a significant change to the way that some taxpayers access its alternative dispute resolution (ADR) scheme.

Where applicants for ADR could previously speak with a call handler, they will now be asked to leave a voicemail on the new 24-hour service.

Available to anyone seeking to settle a dispute via ADR, the voicemail service will require claimants to leave their name and phone number.

A mediator will then contact the claimant within 30 days to discuss their application.

The ADR scheme explained

ADR is a crucial part of navigating tax disputes with HMRC. It is often a useful option for businesses and individuals who seek to meet their tax obligations without overpayment or early or late payment.

You can apply for ADR when you have an ongoing dispute with HMRC, where it has opened an investigation into your tax affairs.

ADR covers a wide range of scenarios but is typically used when:

• Both parties are unable to reach an agreement
• A compliance check is taking place
• There are disputes over the facts of a case
• Communications have broken down
• There may have been a misunderstanding
• HMRC has made a decision you don’t agree with or understand

HMRC will let you know within 30 days of submitting your application if ADR is right for you and how your claim is being progressed.

Will this change impact me?

Many individuals and companies, particularly those with a tax adviser or accountant, will use the existing online form to submit their application.

However, if you cannot access this form due to, for example, poor internet connection, you are likely to be affected by this change.

Both ways of applying carry a 30-day time limit, so it is unlikely to disadvantage phone applicants over online applicants.

The most significant impact is likely to be the difficulty in speaking to an adviser if you have a question regarding your application.

Additionally, you may struggle with the inability to track a phone application as opposed to an online submission.

The best way to avoid the frustrations of a telephone submission is to seek support to submit an online application to the ADR.

We can provide advice and apply on your behalf should you be subject to an HMRC investigation.

Contact us for further guidance on tax disputes with HMRC and the ADR scheme.

Businesses may be able to reclaim significant amounts of National Insurance Contributions (NICs) and plan for future savings because of a recent Tribunal ruling on how car allowances are taxed.

Brought by Wilmott Dixon and Laing O’Rourke in their capacity as employers, the Tribunal upheld the firms’ argument that car allowance payments should qualify for Class 1 National Insurance relief.

HM Revenue & Customs (HMRC) subsequently repaid approximately £146,000 to these businesses as a result of the Tribunal.

It has further stated that it will not appeal the decision – an announcement which carries significant implications for other employers that provide a car allowance.

What is the car allowance?

A car allowance is a type of benefit that may be provided to employees in place of a company car.

It is typically a monetary benefit on top of an employee’s salary to allow them to lease or buy a car for work purposes or to maintain the one they own owing to additional, work-related use.

An employer can provide a car allowance to any employee, but most are given to those who spend a lot of time travelling, such as sales staff or managers who oversee more than one site.

It may also be given as an attraction and retention benefit.

Is the car allowance taxed?

Because they are paid as part of an employee’s salary, car allowance payments are normally subject to tax and NICs – for both the employer and employee.

However, work-related travel is also subject to a fuel or mileage allowance.

This is a reimbursement which is not subject to tax if paid at or below the ‘approved amount’ – 45p per mile for the first 10,000 miles and 25p after that.

What decisions have been made?

The Tribunal ruled that a car allowance should be defined as ‘relevant motoring expenditure’ (RME) and can, therefore, be used to offset below-standard mileage reimbursement.

For example, if your company car policy states that employees will be reimbursed at 20p per mile and an employee drives 500 miles, this leaves a difference of 25p per mile – totalling £125.

When you come to pay the car allowance for this person, the first £125 will be taxable as part of the employee’s salary but will not be subject to National Insurance.

This could represent a significant saving for employers that provide a car allowance in place of a company car.

How will this affect me?

If you offer mileage reimbursement and a car allowance to your employees, you could stand to save a substantial amount on your employer NI contributions.

It could also open the door for business owners to reclaim overpaid NICs under this latest clarification.

The Tribunal also accepted that, if your business policies state that a certain number of miles are not reimbursable, then these miles must also be offset against other RMEs.

Benefits all round

The Tribunal’s ruling could make car allowances an attractive benefit to both employers and employees over, for example, a company car.

Tax regulations regarding benefits and NICs can be complex and are likely to change further as these new precedents take effect.

To stay compliant, it is important to remain updated on your tax obligations and work with your accountant to ensure you are paying the correct amount of National Insurance.

For tailored advice on benefits, company cars, travel allowances and tax, please contact us today.

Are you a sole trader or a member of a partnership? Here is what you need to know about the upcoming tax basis period reforms.

HM Revenue & Customs (HMRC) is introducing changes to how it assesses and collects business taxes relating to the basis period.

At the end of the 2023/24 financial year, these changes will come into effect – altering the way that sole traders, partnerships and other unincorporated businesses pay tax.

Basis period reform – What you need to know

If you are a business owner or self-employed worker, you will use or have used a traditional basis period.

This is a specific period used to calculate taxable profits for a particular tax year, meaning the basis period is typically the corresponding accounting period to the financial year.

Under current regulations, established businesses and sole traders pay tax on qualifying profits in the 12-month accounting period which ends in that tax year – regardless of whether it corresponds to the financial year.

For example, if your accounting period starts on 1 January and ends on 31 December, the financial year would end the following April. This means that your tax return for this period would be due in January two years afterwards.

Under new regulations, from 2024/25, all unincorporated businesses will be taxed on profits from each financial year – 6 April to 5 April the following year.

This will apply regardless of an individual business’ accounting period.

For the example above where the accounting period ends on 31 December, this change means that the business will have to assign profits from two accounting periods to fit into the 6 April to 5 April timeline.

If the accounts are not completed by the tax return submission deadline, it will be necessary to use estimated profits in their place for the three months to 5 April.

At the end of the 2023/24 financial year, the transitional year for the basis period ends.

Businesses will then be taxed on this longer tax period ending in April 2024 to bring their tax years in line with the financial year.

HMRC has introduced regulations to allow tax liabilities accrued during this period to be paid over a period of five years to reduce the burden of additional tax payments.

Navigating your opening year

The rules are slightly different if this is your first year trading as a business. Instead of paying tax on a full year of earnings, your business will be taxed on qualifying profits earned between the date you began trading and 5 April (the end of that financial year).

This means that you’ll have ‘overlap profits’ for your first one to two years of trading. Your profits earned between the end of the financial year and the end of your accounting period will be counted in two tax returns.

These new rules will also apply to new unincorporated businesses.

Preparing for 5 April

As explained, the new regulations mean that businesses with an accounting period that is different from the financial year will need to divide profits between two different tax payments, where their accounting period doesn’t already align with tax year-end.

This could increase the room for error in your tax calculations, resulting in penalties or a heavy tax burden at a later date.

Aligning your accounting period with the financial year could help you streamline your finances and stay on top of your tax calculations in future.

You can shorten your company’s financial year to achieve this, by a minimum of one day and as many times as you like.

Staying on top of your accounts and financial records can help you stay in good fiscal health and maintain tax compliance.

We can help you to understand your tax obligations and make your accounting period work for you.

Need help understanding the changes to the basis period? Contact us today.