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Sponsorship – tax deductible or not?

A business might want to sponsor a sporting or artistic event and claim tax relief on the sponsorship. However, to obtain a tax deduction the sponsorship deal must be structured correctly. You need to show how your business expects to benefit from the sponsorship. Make sure you record the business reasons for the sponsorship and keep any correspondence you receive from the event organiser.
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There are dangers in sponsoring an organisation or activity in which you or your family are involved. In such cases HM Revenue & Customs tend to argue the sponsorship was undertaken for personal and not business reasons, in which case no tax deduction is allowed. This was shown in the case of Interfish Ltd. This company sponsored their local rugby club. Unfortunatley the companies owner, Mr Colam, was heavily involved with the rugby club.

As a sponsor you may receive ‘free’ tickets to the sponsored event as part of the sponsorship deal. If your business gives these tickets to employees the ticket value is classed as employee entertaining, which is tax deductible. However, if the free tickets are given to suppliers or customers the cost becomes a disallowable entertaining expense. So it’s essential to record what happens to any free tickets.

If you want to support a charity through sponsorship and expect nothing in return, a donation under the Gift Aid scheme may be more tax efficient for both parties.

Please contact us if you’re thinking of sponsoring a charity or event so we can make sure you get the best available tax treatment.

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Tax relief limit on charitable donations axed

Another day, another u-turn.

The 2012 Budget included controversial plans to limit the amount of tax relief available to higher rate taxpayers on their charitable donations.

George Osborne proposed a limit of £50,000 or 25% of income, whichever was higher, on the amount a person could donate instead of paying it in tax.

Following hot on the heels of the pasty tax u-turn and the static caravan u-turn we now have another u-turn.

Now there’s no cap on the tax relief available for charity donations.

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Pasty tax too hot to swallow

“Backdown on Pasty VAT.  I feel such a fool for hoarding all those hot pasties now.” – Graeme Garden

Budget 2012 promised that all takeaway food sold above ambient temperature would be subject to VAT at the standard rate.

This was aimed at some bakers and supermarkets who had been selling hot pasties, pies and rotisserie chickens with VAT applied at the zero rate. They argued the goods weren’t sold hot for consumption, but rather for presentational or health and safety purposes.

Predictably there was an outcry. A tabloid newspaper even hired an actress dressed as Marie Antoinette to follow Mr Osborne around.

So he changed his mind.

Pasties and other bakery items will no longer attract VAT if they are “cooling   down” after being removed from the oven.

That leaves the rotisserie chicken as the major casualty of fiasco.

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Static caravan in u-turn saga

Now that’s not something you see every day: a static caravan involved in a u-turn.

Budget 2012 proposed introducing VAT at the standard rate of 20% to the supply of static caravans from October 2012.

Static caravans are currently zero rated for VAT, with only their fixtures and fittings being subject to the standard rate.

Predictably the holiday industry didn’t like the idea of charging their largely non-VAT registered customers 20% VAT and kicked up a stink.

Then the static caravan was involved in a u-turn.

George Osborne said that plans to tax static caravans at 20% will be altered.   They will now attract VAT at a reduced rate of 5% from next April.  Unless he changes his mind again.

 

 

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Facebooking a tax investigation

Facebook has 901 millions users, and more than half of those access their Facebook page daily. A lot of you will be Facebook users. So does this create any tax risk?

Yes it does.

There has already been one Tax Tribunal case (Nineham v HMRC) in which HM Revenue & Customs used information available on the internet to determine that a taxpayer had undeclared earnings.

Mr Nineham was a musician and DJ who rocked all over the world. He was paid by cash and cheque.

Unfortunately he neglected to declare the cash he received for bookings in Australia and Japan. Even more unfortuntely for him, internet searches showed he had definitely performed in those countries during the period hehe was there.  Mr Nineham also kept poor accounting records in respect of his UK bookings and expenses.

The Tribunal considered Mr Nineman’s evidence but rejected it, accepting in full HM Revenue & Customs’ estimates of undeclared income.

The tax years examined in the Nineham case pre-date Facebook, which was launched in 2004.  So the dangers of talking about business activities online have increased exponentially.

It’s probably also worth sorting out your ever changing Facebook privacy settings!

If you are unlucky enough to be selected for a tax investigation, HM Revenue & Customs now has access to rather more information than just your bag of receipts.

In particular online marketplaces provide strong evidence that people are trading, which can be compared to Tax Return records.  HM Revenue & Customs is currently running an e-marketplaces campaign to encourage online traders to declare their earnings.  The deadline for registering to disclose under that campaign is 14 June 2012.

To provide the back-up data for prosecution of e-traders HM Revenue & Customs have issued information notices to a number of online market places.  These notices require the recipient to provide a list of all registered sellers including; name (and ‘username’ for online sales), address, postcode and VAT number if relevant.  The notice doesn’t ask for the value of sales undertaken by each seller, so the data collected is likely to contain a lot of people who have made only a few sales.  This will not stop HM Revenue & Customs from asking difficult questions.

If you are a frequent ebay seller, or even take part in a band, perhaps it’s time you considered whether this income should be declared on your Tax Return.

 

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Does your employer deduct Student Loan payments from your salary?

If your employer deducts Student Loan Repayments from your salary, then it’s really important that you keep your payslips.

Why?

HM Revenue & Customs relies on the employers filing their year-end payroll returns to provide them with the information about how much you’ve repaid in the year. Without this information they cannot update your records with the Students Loan Company.

If your employer goes “bust” HM Revenue & Customs will use the payslips to inform the Student Loan Company of the amount paid should the employer not file end of year returns, which will be the case more often then not.

If you haven’t kept your payslips in this scenario,  then your only hope is the Insolvency Practitioner or Official Receiver, which honestly isn’t much of a hope.

Keep copies of your payslips or you might end up paying your Student Loan back more than once.

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Reducing the risk of tax investigations

HM Revenue & Customs has changed its structure to focus on tax enquiries as a way of increasing revenues. As well as launching industry specific campaigns, the risk of individual businesses being selected for enquiry has never been higher.

An enquiry can cause a great deal of personal stress and can incur a lot of professional fees in fighting your case, even if you have nothing to hide.

How can you protect yourself against a Revenue enquiry?

Here’s my advice.

1. Keep up to date. Filing late increases your chance of an enquiry. If you are preparing a tax return that is several months old, how can you be sure it is accurate?

2. Pay your tax on time or, if you cannot settle the amount due, speak to the HM Revenue & Customs as soon as possible to explain your position and try to agree a payment plan.

3. Keep very good accounting records. You should have these anyway to run your business effectively.

4. Keep a diary and note down any exceptional transactions. You may have made a sale at a very low mark-up, or there may be particular reasons for a very profitable sale. Your accounts for tax purposes  show only annual figures; results that are different from earlier years could lead to an enquiry. A note made at the time is very powerful in defending your case and is an excellent memory jogger to explain fluctuations in profits.

5. Do not talk about your tax affairs to anyone other than your accountants. HM Revenue & Customs does act on ‘tip offs’ from members of the public!

6. Always speak to your accountant or tax adviser if you are unsure about something.

7. Consider fee protection insurance to cover the cost of professional fees to deal with a Revenue enquiry.

Even if you are completely innocent, you could still be the subject of an enquiry.

Despite taking every effort you can still be the subject of an tax enquiry.

The article linked below still gives excellent advice on what to do if you are experiencing a tax enquiry.

Daily Telegraph article

Fee protection insurance

The problem with any tax enquiry is the cost of dealing with the enquiry. Typical tax enquiries require 19 months of professional representation and cost at least £5,000.

We have devised a new service in conjunction with one of the UK’s leading fee protection insurers. This service provides you with an expert technical defence from tax specialists and enables us to:

Provide you with full professional representation in the event of a tax enquiry

Deal with the tax authorities on your behalf

Handle all correspondence and meetings with the tax inspector and negotiate the best possible result for you

More information about the service is available on request but please let me know if you have any questions.

I strongly advise that all clients subscribe to the service due to the increasing risk of enquiry.

Directors or partners of a subscribing business will automatically get protection for your own personal Return, making the annual fee excellent value for money.

The protection includes VAT and PAYE enquiries as well as Income Tax and Corporation Tax enquiries.

Please contact us to join the service.

Countless businesses are forced to surrender to HMRC’s demands as they cannot afford a proper defence. Subscribing to this Service ensures that you’re not one of them.

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IR35 Business Tests

If you operate a personal service company then it’s worthwhile checking how your business scores in HM Revenue & Customs new business tests.

The new guidance includes six examples in which HM Revenue & Customs explains whether the worker’s contract would be caught by IR35 or not.

The first part of the document is taken up with 12 business entity tests, complete with a scoring system that allows the taxpayer to judge whether his business would be at high, medium, or low risk of being caught by IR35.

These business entity tests are not derived from the IR35 legislation and do not include key indicators of self-employment established by case law, such as control and mutuality of obligation. They merely represent HM Revenue & Customs’s view of the risk of a business falling within IR35. The scoring attached to the tests is controversial, as it penalises businesses that have no bad debts, never pay to advertise and operate from the owner’s home.

This new HM Revenue & Customs guidance does not change IR35 law. If a business chooses to use the business entity tests, the score doesn’t have to be declared to HM Revenue & Customs, it is merely a guide to ‘IR35 risk’. The IR35 guidance may also be changed with little or no notice, as HM Revenue & Customs have said it is in a ‘test and learn’ phase which is expected to last 12 months.

If you are concerned that the business entity tests produce a high risk score for your business, then you should find out why this is the case.

Are they any changes which can be made to the way the business operates which would make it less risky in the eyes of HM Revenue & Customs? For example, quote for fixed price contracts, advertise the business using websites or networking events, and keep management accounts including a rolling business plan.

If you’d like to discuss how to lower the IR35 risk profile of your business, please get in touch.

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It’s not just solicitors who charge by the hour

The Master of the Rolls, Lord Neuberger, has said that lawyers should stop charging by the hour:

“Hourly billing at best leads to inefficient practices, at worst it rewards and incentivises inefficiency.”

It’s not just lawyers who charge by the hour. Most firms of accountants do as well.

One thing clients hate is surprise bills. If you charge by the hour the one thing you guarantee is a surprise bill, because you can’t say how much a job will cost until it’s finished.

That’s why we offer our clients annual fixed fee agreements. This means they know exactly how much they are paying and for what.

It inclcudes free telephone and e-mail support. If any additional work is required that will incur extra charges, the client is advised first and those charges are quantified.

Wouldn’t you prefer to have no nasty surprises?

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Getting paid

Previously we looked at how big a problem bad debts could be for a business (check out the bad debt calculator to see how many sales you need to make good the profit on one bad debt). But what can you do avoid your business having bad debts?

A lot of things you need to do are really obvious:

  • Credit check new customers before extending them credit
  • Have a credit control function. Even a one man band can chase up unpaid invoices!
  • Don’t sell more goods or services to someone who already has overdue debts. You’re risking throwing good money after bad.

Here are a few more ideas for things you could try:

Big prompt payment discounts

Most prompt payment discounts don’t work because the 1%-5% discount traditionally offered is not enough to galvanise customers into action. So a Leeds based business we have heard of gives its customers a massive 33% settlement discount. But just look at how it does it…. it’s main product has a list price of £3000, which it is usually prepared to discount down to £2000. But rather than make that £1000 reduction a “sales discount”, it makes it a “prompt payment discount”.

In other words, the invoice shows the price as £3000, but also contains a line that deducts the £1000 and reads: “This £1000 prompt payment discount may only be deducted if payment is received at our office no later than…” followed by a date exactly 7 days from the invoice date. As a result the vast majority of customers pay within 7 days. Why not turn your sales discounts into BIG prompt payment discounts in this way?

Increase you prices

Another business wrote to all its customers telling them that that it was increasing all of its prices by one ninth (ie 11.11%). But in the same letter it also explained that customers paying within 14 days of the invoice date would be able to deduct 10% from the invoice value. Nobody complained, and most of its customers now pay within 14 days. What’s more, and here’s the amazing part, customers now actually come in to say “thank you” for being allowed to pay less by paying early!

Of course, when you look at the maths you see how clever this particular strategy is. Initially a £100 item goes up to £111.11. So those who pay after 14 days pay the full £111.11. While those who pay within 14 days pay £111.11 less the £11.11 prompt payment discount – which comes back to the £100 they used to pay before the price rise. So either the business gets paid more or it gets paid more quickly – and either way its owners are happy!

Prompt payment benefits

Discounts are not the only way you can motivate and reward customers for paying you promptly. There are many other benefits that you could reserve only for those who pay on time. For example, you could give them priority when booking service and repair visits, free upgrades to express delivery, or even free delivery, lower minimum order quantities, extra technical support, free helpline, special offers on upgrades, discounts on their next purchase, access to a special section of your website, extended warranty terms, membership of a user group, advance notice of new products or whatever else is most relevant in your case. The key is to make these benefits exclusive to customers who pay on time, because that way many more of your customers will pay on time.

Payment upfront

Another powerful approach is to insist on payment upfront. A useful way of explaining this is to say: “In order to ensure that we have sufficient resources available to continually improve the level of service you receive, our policy is not to ask our good clients to subsidise the handful of clients who abuse credit terms by not paying promptly (and, in some cases, not paying at all!). As a result our standard terms are that payment is due when we start the work.”

 

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