Keeping proper business records

Foreword

You don’t want a set of accounts and a tax return!

What you want is a decent standard of living, and complete peace of mind.

That’s what Proactive provides, but only for proactive clients, ones who are willing to put in a bit of time and effort. It’s all about good systems and good habits. And, there are milestones along the way, like “accounts” and “tax returns”.

It all starts with a good record keeping system.

1. Business records

1.1. This is a tried and tested system. It is based on Einstein’s comment that everything should be kept as simple as possible and no simpler than that. It’s also designed to keep you on side with government, so there are quite a number of steps, but rest assured that each step has been simplified as far as possible. In order to have dates always line up in date order we use scientific notation so (for example) Christmas Day in 2020 is 20201225.

1.2. You should not buy bookkeeping software unless you are employing an in-house bookkeeper who works on your premises. Or, if you yourself are a trained bookkeeper.

1.3 Likewise, you should not buy into an online accounting system. They get things wrong a lot of the time, and they need to be trained to get things right. A fully fledged online accounting system is complex like a 10,000 piece jigsaw puzzle with no picture on the box. Moreover, these systems don’t do statutory accounts. Invariably, if you’re not a trained bookkeeper then the online system will not be trained properly, and it will not be giving you accounts which meet the requirements of HMRC and Companies House. Simply avoid them. We do not unpick incorrect jigsaw puzzles in systems like FreeAgent, Quickbooks and Xero, etc. Save yourself the aggravation (and the money) and do not touch the solutions which promise you an easy life. Our system takes less time, there’s no extra cost, and it involves less heartache. A human bookkeeper is a lot better than a computer, as steps 3.5 to 3.7 will demonstrate.

1.4 If you want to, you can use online invoicing tools like WaveApps or InvoiceNinja for a lot less money than the big online accounting systems. Please use these only for invoicing your customers and nothing else. Alternatively, you can generate your invoices using Word or Excel or a similar application.

1.5. Store all your invoices on DropBox and then we can both find what we need, when we need it.

1.6. We use specialist software which only accountants would want to buy. We want a proper set of prime records from our clients and that enables us to do the books and the accounts professionally, using professional software and professional staff. We have 35 years of experience in this field.

1.7. Our system requires all records to be stored as PDF documents. This ensures that the data is readable by all users on all systems. It’s easy to print files to PDF and if your business computers do not already have PDF printers installed, visit www.cutepdf.com and download their basic package called CutePDF Writer (Freeware).

1.8. HEIC image files (used by modern iPhones) take up a ridiculous amount of storage space, and cannot be opened on a Windows PC. Please do not fill your DropBox space with these files. You do not need extra high definition images of accounting records, and in any case we cannot open them. They will be deleted from DropBox in order that better use of the storage space can be made.

1.9. Above all, please keep corporate matters corporate and personal matters personal.

2. Invoicing and Sales

2.1. All businesses want to make sales and so we use a “Sales” folder on Dropbox to keep track of your trading income.

2.2. You need to generate an invoice for every sale you make. The invoice is addressed to your customer, and that means the person who will pay you. In order to comply with the relevant law, please show the correct name and full postal address of your customer. If Fred Flintstone is personally liable to pay the bill, then it’s OK to address it to him. However, if it’s legally payable by Slate Stone & Co, The Quarry, Bedrock, then please address it to them. In law a “person” can be a company, a partnership, etc, as well as an individual. So, in order for your invoice to be legally binding it must show the name of your actual customer. You can add the line FAO Fred Flintstone if that helps get the invoice to the right member of staff at Slate Stone & Co. The only exception to this rule is for businesses that operate cash registers in retail shops. We don’t look after any businesses like that! So, you will need a system which generates an invoice every time you want a customer to pay you for something. That includes:

2.2.1. Fees for services

2.2.2. Fees for goods sold

2.2.3. Commissions received

2.2.4. Costs which you want to recover from your customer

2.2.5. If a supplier gives you a refund, you have not sold anything. Do not use an invoice to record refunds by your suppliers. It’s a “purchase”, a negative purchase, but it’s still a purchase. See item 3.2 below.

2.3. If you want money from your customer then it is always done on invoice. The expression “expense claim” is something that employers and employees use. On a business to business level you do not claim, you invoice.

2.4. You must prepare an invoice each time you make a sale, and you must give each invoice a unique and consecutive number. Even if your customer doesn’t want an invoice, you do! Even if your customer works with time sheets and gives you a self billing invoice, you still need to prepare a proper invoice which will stand up to scrutiny from HMRC! If you are in business on your own account then you need to do all the normal things that normal businesses do, and that starts with issuing proper invoices to clients. It helps establish cases when you are outside IR35, and it is still necessary when your work is inside IR35. After all, you could end up with concurrent work both in and out of IR35. You need (and HMRC requires) one contiguous invoice number sequence anchored across all your invoicing no matter which customer is billed next. Different customers do not get a bespoke invoice number sequence – your business gets one contiguous invoice number sequence because that is how accounting works.

2.5. Use a simple number system for invoices numbers. Choose any number to start with and then just keeping adding 1 to it! Don’t skip numbers, nor use them out of sequence, and never use the same number twice.

2.6. Never use alphanumeric numbers. Invoice numbers must always be purely numeric. If you want to show a customer reference on your documents you can, but it goes in the “our ref” box and it is not a part of the invoice number. Any client that persists is using alphanumeric numbers will soon find that they are no longer a client. Along with most other systems, our professional software requires purely numeric invoice numbers. If you want to include the year of issue within your invoice number, don’t! You already have the date on the invoice!

2.7. Keep it as simple as possible and no simpler than that. Unique, consecutive numeric values only.

2.8. Make sure that the invoice date and the invoice number stand out clearly by keeping them near the top right of your document, and by keeping them clear of any surrounding clutter. If you are not VAT registered, then your invoice should make no mention of VAT whatsoever.

2.9. As you generate them, add a copy of each of your invoice PDFs to the pending > sales folder on DropBox.

2.10. There is more information here giving details of how a formal invoice is normally set out. If you are VAT registered, please, please follow the rules about setting out VAT invoices correctly, and completing the “VAT at” line accurately.

2.11. Invoices are recorded on the strict basis. That is to say that they go into your accounts on the date they were issued, and not on the date they were paid. Some of the smallest businesses might use the cash basis and that is usually reserved for tiny self employed trades (like a school teacher providing private piano lessons). As a mainstream business, your business needs to follow the strict basis so that the company balance sheet always makes sense.

2.12. The strict basis also means (if your businss is VAT registered) that the VAT liability crystalises on the date you issue an invoice. If your customers are slow payers, then you may end up having to remit the VAT on that invoice to HMRC, before you actually recieve any money from your customer. It’s a favourite past time of some small businesses to complain about being paid late. To minimise the impact of late payers, don’t issue invoices in the last few days of your VAT quarter. If your VAT quarter ends on 30 June, then rather that issue an invoice on that date (with a VAT remittance one month away) it might be better to issue it at the start of the next quarter (when the VAT remittance is four months away).

3. Purchases

3.1. Purchases are business things that the business buys with business money. Expenses are the business things that you personally buy (on behalf of the business) with your own personal money.

3.2 We use the word “Purchases” to describe all the things that your business buys via all the business bank accounts. When suppliers refund you for a purchase, it’s still a purchase, just with a negative number. They should give you some sort of document detailing the refund, either a credit note, or a negative till receipt.

3.3. If you could get every business transaction to go through a business bank account then Step 5 below would not be needed!

3.4. The “Purchases” folder on DropBox is for all the things, and only for the things, which you bought for the business using any of the business bank accounts. Put PDF copies of receipts and supplier invoices into the purchases folder.

3.5. We do not check every single purchase, but you need to have them all just in case HMRC ever does a records inspection. We sample check lots of the files. The bigger the figure on the bank statement, the more likely it is that we will check for the supporting document. If we don’t recognise a supplier name on your bank statement, then we will look for the supporting document, check what you bought, and categorise it correctly in the books. If it’s a very big figure then it will always be checked, because VAT can only be reclaimed when you have a proper VAT receipt showing that UK VAT has been paid.

3.6. If you do not provide a proper VAT receipt then you should assume that the item will be logged as a non-VAT purchase and we will not recover any VAT for you.

3.7. And we also know the names of nearly all the pubs and restaurants in London (and Kent, and loads of other places). If your business spends money on entertaining we will log it and then it gets disallowed in the tax computation, see this report. If your entertaining costs are out of character with the norm we will remind you of the HMRC system called “Connect” and the ratio analysis that they do. We do some ratio analysis too, in order to help you keep things under control before HMRC starts asking you awkward questions.

3.8. Add all of your supplier invoice PDFs to the pending > purchases folder on DropBox. So that’s things like hardware and software purchases, advertising costs and phone bills (assuming that all these things are bought in the name of the business and not in your own name).

3.9. You may find that as you work through your business purchases, that you pick out a few personal purchases for the business (for example, cash paid to taxi drivers). Put these “expense” items to one side for the moment. They are not “purchases” and they will be dealt with at Step 5 below.

3.10. Whether your business is VAT registered or not, you are required by law to keep all of your business records for six years. You may be selected by HMRC for a records inspection at any time.

4. Bank Accounts

4.1. The most critical part of your records system is your business bank account. This is always our starting point when we log your records. We can read a set of bank statements like a life story. So can HMRC. It says an awful lot about you and your business.

4.2. “Business bank account” means every account that your business has with a finance house. It includes credit card accounts (they are just business bank accounts with negative numbers) so all together it includes:

4.2.1. Bank accounts

4.2.2. Credit cards

4.2.3. Loan accounts

4.2.4. PayPal

4.2.5. Stripe

4.2.6. Any other payment processor including WorldPay, StreamLine,  NetBanx, etc!

4.3. When we ask for business bank statements we want them all, on every single business account that you have. Without them we cannot do proper bookkeeping and accounts, because we need to know what goes in and out, and we need to know what assets and liabilities the business has.

4.4. Monzo! We do not recommend having a business account at Monzo. Their business model is in disarray, and as a loss making bank they may not be trading within a short space of time. In Oct 2021 it became clear that their application for a US banking licence was going to fail. If you do have a UK Monzo account, and some of the money disappears into Pots, we need to know how much is in each Pot. Currently, Monzo does not provide this level of detail. Please ask Monzo on the last day of every month to give you a separate statement showing all of the transactions on all of your separate Pots. They have a mechanism to do this, but they fail to do it routinely and they won’t do it unless you ask them to. Monzo also mixes up the IN column and the OUT column on the bank statement. We have asked them to be normal, but we’re still waiting.

4.5. Tide! The only place worse than Monzo is Tide. Tide is not a bank, it’s an app. Do not use Tide, use a bank! Coconut is an app, not a bank. Mettle is an app, not a bank. If you cannot log in on a desktop, and download a PDF  bank statement for your accountant, then you do not have a proper business bank account! If you appoint a second director/shareholder and the new codirector cannot use the bank account because it’s tied to your mobile devices, then you do not have a proper business bank account!

4.6. Revolut! No, don’t go there either!

4.7. This process of logging your business activity from your bank statements also means that we do not want personal credit card statements, only business ones. If you use a personal credit card on the basis that “it’s only for business costs” it doesn’t matter, we only want business accounts. The business is not responsible for your personal assets and your personal liabilities, and so your personal credit card does not feature in the business records.  If an account is not in the business name, then it is not a business account.

4.8. We need bank statements from you once per quarter, however you might find it easier to collate them once per month. When preparing your records, you must ensure that your bank statements cover the whole period in question. If your statements are issued on paper on (say) the 25th of every month, you may want to get that changed. We need everything right up to and including the last day of the quarter.

4.9. It’s easier to do this using internet banking, and take a summary from the web once per month. Follow this process and it won’t matter when the paper statements are issued. We recommend that you use this process on the first business day of every calendar month. Log in to your online banking service . . .

4.10. Set the dates so that you can see an online statement covering the whole of last month. Then print that to PDF. Do not give us the CSV file from the bank, there are 16 different ways that banks in the UK do that. Please give us PDFs.

4.11. Save your bank statements using meaningful file names. Repeat that for each business current account, savings account, PayPal account etc. Make sure that all of the PDFs that you create include a Balance column.

4.12. If there is no balance column then we cannot log your records accurately. We need the balance column for our quality control processes.

4.13. Add these PDFs to the pending > bank folder on DropBox. Even if there are no transactions on any given account in any given month, we still need a statement which shows that. A copy of a “NIL” document tells us that there were no transactions as opposed to us thinking that there is a missing document! The same thing goes for HMRC on records inspection day!

5. Expense Receipts

5.1. Purchases are business things that the business buys with business money. Expenses are the business things that you personally buy with your own personal money.

5.2 More specifically “expenses” means personal expenditure on business activity, incurred by a member of staff. If you are a director of a limited company then in this situation you are treated in the same way as a regular employee.

5.3. The starting point for Step 5.3 is the pile of expense receipts which you had left over from Step 3.8 above.

Example Expenses Claim form

5.4. In the old days, you needed to fill out an expenses claim form and staple supporting receipts to the back of it. Then get it authorised by your boss, submit it to the person in accounts, and then if you were lucky and (a) your form was correctly filled out and (b) your items were genuinely work related, your employer would reimburse you for the exact amount of your claim. This system is for things like taxi receipts, the book of postage stamps from the newsagent, or the coffee on the train. As much as we would like to get these suppliers to invoice your business directly, they tend to expect instant payment with cash or card or contactless phone.

5.5. Even if you are are the only person in your business, this traditional process is basically the same process that you must follow now! If you paid for things with personal cash or with a personal card, then you have to keep a record in order to claim back things which are allowable expenses of the business. Take the pile of expense receipts which you had left over from Step 3.9 above. Is your business VAT registered? If it is, then divide this pile of personal expense receipts into two, the ones which make no mention of VAT and the ones which are proper VAT receipts. If some of these things are “information slips” from a PDQ machine, they are not the same thing as a proper VAT receipt – a VAT receipt has an indisputable comment about VAT on it – the information slip does not. Prepare separate expense claims for non-VAT items and for VAT items.

5.6. If you do not provide a proper VAT receipt then you should assume that the item will be logged as a non-VAT purchase and we will not recover any VAT for you.

5.7. You can prepare your claims using electronic means if you wish. For example Expensify will give you a summary in PDF form. If you sign up for an account like Expensify please do not give them our email address, we do not want weekly or daily emails from them! What we want is for you to collate your records so that we can work on them once per quarter.

5.8. Alternatively use our standard proformas from the links at section 8 below and prepare a PDF of your completed form. Some of our clients do this on paper and then scan the completed form. Others work the XLS file and then pass it back to us. If it’s our original proforma XLS file then we can waive our PDF rule for this.

5.9. Add all of your expense claim PDFs to your personal folder under the pending > expenses folder on DropBox. Principally, we need the claim forms, and you need all of the supporting receipts. However, it makes sense to put all of the supporting receipts on DropBox too. By having everything correctly stored on DropBox, it’s easy to give HMRC 6 years of records in a single ZIP file. We also do sample checking of expense receipts in the same way as the purchases mentioned above.

5.10. We know that some people prefer to keep small fiddly paper receipts as “paper only”. That’s fine by us, as long as you can find it when it’s needed. As we said, records have to be kept for 6 years. Do you have a copy of that £30 black cab receipt from 5 years ago? If not, and if your system is deficient, do something about it now and make it bullet proof!

Example Mileage Claim form

5.11. You can also claim for motor expenses in accordance with the HMRC approved FPCS rates, which apply to business miles done in your personal car.

5.12. You don’t have to wait for the accountant to see the claim. Once you’re happy that your claim is complete, reimburse it from your business account to your personal account. That’s the way that mainstream businesses do it.

5.13. And don’t worry, if there is something in the expenses that the accountant doesn’t like, you’ll be told, and you’ll simply be asked to reverse the incorrect figure and improve your claims process for the future.

6. Payroll

6.1. In April 2013 HMRC introduced Real Time Information (RTI) for payrolls. You can no longer seek to engineer an artificial reality, especially when it comes to payroll. Whatever happens in the company and on the company bank statement happens. And (as far as salaries go) anything that did not happen on the company bank statement simply did not happen.

6.2. We maintain payrolls for some clients and we store the PDFs on DropBox for them. If we run a simple payroll for you (following the small salary and big dividend method) it is your responsibility to make the correct bank transfers at the correct time. Every April, when the new tax year starts, we update our advice and we notify our clients. It’s up to you to implement that advice before the April pay day.

6.3. If you look after your own payroll, then we need monthly payroll summaries from you. Please add P32 reports and a detailed analysis of all staff and their pay and deductions figures to DropBox. Your bookkeeper or your payroll bureau will know what that means.

7. The quarterly reports

7.1. We provide you with regular quarterly updates in order to show an early forecast of your profits and what your future tax bills might be. Steadily, as the trading year progresses, these forecasts become more and more accurate and that enables you to prepare a suitable tax reserve and to avoid any nasty shocks!

7.2. The quarterly reports in detail

8. Expense Proformas

8.1. To download a sample form (MS Excel) right click on the link and select “save as” . . .

8.2. Mileage Claim

8.3. Non-VAT Expenses

8.4. VAT Expenses

9. Warning

9.1. You may have heard that we have a reputation for deliberately losing some of our clients. It’s true! Every year we lose the people that cannot give us proper records. It usually starts with missing bank statements. And there are some cases where invoicing is not done properly. Others fail to provide adequate supplier receipts. If you cannot keep a full set of bank statements, a full set of invoices, and adequate evidence of business costs, then should you really be trying to run your own business?

9.2. And, if there are a few too many indiscretions with a crossover between personal and business bank accounts, then you’ll soon find yourself needing a new accountant. Trying to disguise personal expenditure as business expenditure is fraud.

9.3. Each year, we identify the bottom 5% of our client base and we let them go. The best gardeners in the world do not keep a patch for the weeds. We apply that same philosophy to our business. You might like to adopt it too! It certainly makes business a lot more rewarding.

9.4. The good news is that we have a great relationship with our clients, they receive regular reports and regular tax updates, they are almost always on top of things and they rarely get nasty shocks from the taxman. Plan to look after your business, and plan to keep proper records.

Sir John Harvey Jones (chairman of the CBI):

“The only good thing about not planning, is that failure comes as a complete surprise, and is not preceded by a period of anguish and fear.”

Afterword

It’s all about good systems and good habits. Does the process above seem a bit too heavy? Well, getting it right the first time around is a lot less work and aggravation than to have to deal with HMRC enquiries, or having to suffer the indignation of a failing business.

What do you want, do you really, really want?

A decent standard of living? Complete peace of mind?

Red Adair  (oil well firefighter):

“If you think using a pro­fes­sional to do the job
makes life complicated, wait until you hire an amateur.”

Child Benefit is now a Tax Return issue

New rules governing the entitlement to child benefit come into force on 7 Jan 2013.

From 7 Jan 2013 the clawback operated in the band 50-60K.

From 5 Apr 2024 the clawback operates in the band 60-80K.

Until 2013 child benefit had never been means tested and had always been paid to the mother of the child. If your household income exceeds £60,000 then the chances are that the child benefit will be clawed back from you, in stages, so that by the time your household income exceeds £80,000 the whole amount of your child benefit may be reduced to Nil.

The rules (as you might expect) are not quite as simple as that, and what is going to happen in some cases is that a man may have to repay child benefit which their spouse/partner has received, even if the child in question is not his child. That also means that as accountants we will have to ask you a few searching personal questions after 5 Apr 2013 in order to be able to work out which figures go into which box on your tax return. And your spouse/partner may need to give you the details so that you can give them to us!

The Senior Manager Test

When judging whether you can reclaim an expense from your own limited company use the Senior Manager Test. It assumes that you have already understood what is a business expense. And you already know that a business expense which is “wholly and exclusively” incurred for a business is allowable. Wholly, exclusively, 100% business use! If it’s 1% private, then if fails the “wholly and exclusively” test and it’s not allowable.

Let’s assume that you are now the CEO of a really big organisation with over 1,000 imaginary people and you have about 10 mythical senior managers to help. And they all have expense accounts like you, and they all like to claim the same sorts of things that you might claim. If all ten of these senior managers submitted dodgy reimbursement claims to you would you allow the claims? Ten sets of golf clubs? Ten exercise bicycles? Surely you would strike out the items that look like mickey taking?

After all, it’s your business, you built it up, and the more you pay out to others, the less profit you have for yourself. You are effectively handing them your own money, so you will want to be absolutely sure that the expense is allowable and was incurred for sound business reasons!

You know what looks right and you know what looks wrong. If you would deny a particular item on a claim from the mythical ten senior managers (a £3,000 bill from the vet) then you cannot equitably allow yourself to make a claim for that same sort of thing just because you’re the CEO! Use a degree of judgement.

If you do put an item through as an expense when you shouldn’t, we’re not going to spend a lot of time evaluating it. We’re not close enough to the action to know all the circumstances relating to that one expense. And there are simply too many claims for us to look at, so we do not (and we will not) inspect every single line item, nor will we engage in long discussions of ethics. Unless it’s outrageous (like a wedding in Ibiza) then your questionable claim will simply go through the books regardless. And if you get picked up for enquiry, then you will presumably have a convincing explanation for the tax man.

Yes, one of our client’s once included a bill for her wedding in Ibiza. It had not been billed to her company, and not even to her, but to the groom. Anyway, she’s not a client any more!

We no longer argue with clients over what is authentic and what is not. However, may we please remind you that as a profession we are required to prepare a “true and fair” picture of where your business stands.

If at any stage a director thinks something is not “true and fair” then the director’s duties at s.172(1)(e) Companies Act 2006 require you to act accordingly.

Does it have to be “true and fair”?

Yes, that’s what s.393 Companies Act 2006 says.

Is it an allowable expense? It’s your call.

What is a business expense?

Allowable Expenses

The law is deliberately vague when it comes to defining what is an allowable expense for business purposes. Subject to some defined exceptions, we start with the principle that for a business expense to be allowable it has to be incurred “wholly and exclusively” in the course of the furtherance of the business.

That’s quite a tough test to start with, and you must ask yourself three questions.

1. Is that thing you’re thinking of wholly and exclusively for business purposes?
2. Will it further the commercial interests of the business? How?
3. Or will it further the personal interests of you the director?

We once had a client try to claim that her wedding on the island of Ibiza was an allowable expense of her UK limited company. And included in her records was the hefty bill which had been made out in the name of the groom! Anyway, she’s no longer a client, but it illustrates the point. We have a policy of deliberately losing some of our clients as per item 9.1 here.

Back to allowability – is your iTunes bill wholly and exclusively for business purposes? Please keep corporate matters corporate and personal matters personal.

UK GAAP

The law is set out at s46(1) Corporation Tax Act 2009 and in short it says “do it in accordance with UK GAAP”.

And where is UK GAAP defined in law? It isn’t! So what does it mean?

To find out what it all means you’ll need to read a dozen or more lengthy volumes of rules, because the Generally Accepted Accounting Practice in the UK is a whole body of accounting standards published by the UK’s Financial Reporting Council. Deloittes have published a condensed version in one massive handy-to-read volume, and it will cost you only £600.

The easier way to do this is to trust your accountant, because our professional training, and the on the job training and the repeated exposure to the generally accepted accounting practices during our careers means that accountants have a good understanding of what is generally accepted. And, as a profession we are required to prepare a true and fair picture of where your business stands. So claiming food for the guard dog is fine, as long as the dog is wholly and exclusively for business purposes. Your charming Yorkshire Terrier doesn’t quite fit the bill!

Dual purpose

Basically anything that has duality of purpose (private and business) fails the wholly and exclusively test. By concession, HMRC will allow a number of variations to that rule, and they also flatly refuse anything which pushes the rule too far. HMRC will give you tax relief only for furthering the aims of your business and not for your normal obligation to house and feed yourself.  That means that those boxes of Nespresso coffee capsules will be disallowed. It’s about having a level playing field where you benefit the way that other businesses benefit, but you do not get tax relief on things which ordinary taxpayers do not get tax relief on.

What is “a business” anyway?

In order to establish what is a business expense, it also helps to know “what is a business”? A business is “an activity which is earnestly pursued with the objective of making a profit” as set out in the case of Customs and Excise Commissioners v Lord Fisher 1981.

So it follows that a business expense is a cost which is incurred in order to increase the chances of that activity making that desired profit. If the reason for incurring an expense is not the furtherance of the business (more profit), then it is simply not a business expense.

General Exclusions

Entertainment! Directors and employees can claim back business entertainment expenses, but remember that your employer will not get tax relief on them! There is a specific exclusion for entertainment costs. No matter how much you spend on entertaining clients, prospects and yourself and your staff, it’s all going to be ignored for tax purposes. It can be legitimately reimbursed, but in tax law it’s not an allowable expense!

Employers take note . . . taken to extremes, this could mean that a business with £10,000 of sales and £10,000 of entertaining has NIL profit on paper. For tax purposes, the same business has £10,000 of sales and NIL allowable entertaining, and actually has a £10,000 taxable profit. At 20% that could lead to a £2,000 tax bill! And that’s for a business that has NIL in the bank, because they spent it all on entertaining!

Travel and subsistence is allowed when you have to travel away from your normal place of work and put in a long day in order to do that (or spend a night away, etc). Generally journeys of less than 40 miles and/or hours of less than 9 hours per day will not be sufficient to justify a “travel and subsistence” claim. Nor will buying your lunch in Pret every day! HMRC will give you tax relief only for furthering the aims of your business. Caillebotte v Quinn

Commuting in the sense of ordinary commuting between your home and your normal place of work is not allowable. This applies to users of all methods of transport, whether public transport, private car, bike etc Section 338 ITEPA 2003 . Travel to a temporary workplace is not ordinary commuting and so the cost is deductible, but there are special rules about what is and what is not “a temporary workplace”. Having said that, journeys which are substantially similar to “ordinary commuting” are also disallowed.

Clothing is not allowable, unless it is protective clothing, or it’s a uniform which carries a conspicuous advert, or (for Theatre Companies) you’re buying costumes. Mallalieu v Drummond

Laundry If clothing is not an allowable expense then it follows that laundry is not an allowable expense. However, if you’re one of those special cases (see the previous paragraph) then you can claim for cleaning clothes and you will need receipts to support your claim. Naturally if you’re a self employed painter decorator and you wash your clothes at home then you won’t have any laundry receipts but you can claim the HMRC allowance – an annual amount of £60. Mulheran v HMRC

Gifts to customers (or suppliers) are not allowable unless they carry a conspicuous logo or message which promotes your services. If that is the case then they must still be worth less than £50 each. That’s why you see a lot of branded pens and USB sticks being handed out as freebies. There are other rules too, gifts have to have a degree of “permanency” so that rules out flowers, and food and drink!

Parking Fines. Remember “if the purpose of incurring an expense is not to help the furtherance of the business (more profit), then it is simply not a business expense” and that’s why parking tickets, etc are not allowable. If you have some crazy sort of business where your profits go up and up directly as a result of getting more and more parking tickets, we’d love to know about it!

HMRC Concessions to the “dual purpose” rule

Use of home as office – if your costs go up, because you run a business from home, you can claim the excess. That’s a big “if” and it’s there to help people with the extra costs of electricity and gas etc. It is not there to help with the costs of rent or a mortgage. And that’s because your rent or your mortgage do not increase, just because you have a business. The same goes for council tax – it’s not business related and the Government is not in the habit of allowing subsidies for costs which you would incur anyway – whether you have a business or not. If your business is genuinely run from home, you could work out the extra element of the cost of your utilities on the basis of time apportionment and/or square metres and claim that. Alternatively, you can claim a fixed amount per week under the HMRC concession. That was £4 per week for periods to 5 Apr 2020 and is now £6 per week for later periods. We know from experience that doing the long winded formula or just using the HMRC figure tends to give a similar result, so it’s easier just to go for the HMRC concession. The only cases we have where professions dictate having a cost consuming “office” at home are for a Dentist and for a General Practitioner. If you’re in a profession where you need to dedicate part of your home to special facilities, we can examine the use of a more robust formula, though that’s a very rare exception.

Motoring – in very few cases does it make sense to have a company car. The tax costs are simply too high. In most cases, business owners may do some business trips in their own private car. HMRC will allow you to claim for the business element of your motoring. The strict apportionment rule means logging all of your motoring costs in full and logging every single journey (both private and business) in order to calculate the business percentage of those costs. The easier way to do it is to log only the business journeys and to claim the HMRC approved FPCS rate. See this report for more details.

Benefits in Kind

Staff salaries are a business expense. Benefits in kind (like private health insurance, gym membership, company cars, etc) are also a business expense, but are subject to special rules. Because benefits in kind are part of a remuneration package they are treated like salary and that means that the monetary value must be established. The business is then subject to employer’s national insurance on that figure (at approx 13%). Additionally, the employee is subject to income tax (as if the benefit was extra salary) and to employee’s national insurance (at approx 12%) on that figure. In the case of many smaller businesses, benefits in kind are not a cost effective way to reward the director/shareholder, unless you like the idea of paying approximately 25% extra in national insurance.

Is it true?

These are the rules. There’s not a lot we can do to change them. We no longer argue with clients over what is authentic and what is not. However, may we please remind you that as a profession we are required to prepare a “true and fair” picture of where your business stands. And that takes into account both UK law and GAAP.

Is it fair?

The legal types amongst us will relish the thought of challenging HMRC in the tribunal system. The rest of us will simply follow the rules. If any of your staff take issue with that, ask them to take a look at the Senior Manager test.

VAT Flat Rate Scheme Approval

After your FRS application is approved you should receive a confirmation letter like this one.

As soon as you get that please let us have copy so that we can make sure our systems are up to date and we help you to get the next VAT return in, with the right amount, and on time!

New Starter Process

When you have a new starter please ask them to provide you with a copy of the form P45 from their last employer, and to help you compile a data set for us as the payroll bureau.

If your new starter does not have a P45, then they must down load and complete this New Starter Checklist.

The data set we require (on a Word Doc, a TXT file or a CSV file) is:

Family name
First name
Residential address including post code
National Insurance number
Date of birth
Mr/Mrs etc
Male/female
Date employment commenced
Job title
Employee’s email (for the individual electronic payslip)
The annualised salary
First pay date
Auto enrolment pension requirements

If any adjustments are required to the pay for the first payroll period, then please let us have precise details.

We would ask you to try and do this by the 22nd of the calendar month in which your new starter is going to be paid. Payrolls tend to be run around the 23rd or 24th of each calendar month.

Thank you.

VAT Certificate

HMRC first introduced digital processes in 2007 and (as at 1 Jan 2021) has not yet abandoned the use of paper. Some things are only set out on paper, like a VAT reporting cycle!

That means that we need a copy of your VAT Registration Certificate. A form VAT4. HMRC normally posts this about 7-14 days after registration.

It looks a bit like this example and (amongst other things) it tells us if you have a March, June, September, December reporting cycle or some other pattern.

Payroll Reports Completed

The payroll reports for this period have been completed. Payslips have been sent by e-mail (either directly to the staff or to the HR manager as specified by you) and the monthly report has been added to Dropbox.:

Please check the 677470 report which combines a full payroll summary and copies of all the payslips in one document. You will need to make a payment by the 19th of next month. Use your internet banking facility to make a payment to:

• Account name – HMRC Shipley
• Sort Code – 08 32 10
• Account number – 12001020
• Ref – your Accounts Office number as per our email

The Accounts Office reference number looks something like 123PP00123456 9999 where those last 4 digits represent the tax year and month, skewed to fit the tax year and not to fit the calendar year! That reference changes each month and you need to quote the exact AOB reference as per our email.

Idiosyncrancies

When a payroll is set up part way through a tax year, there can be a disproportionate amount of tax-free pay and NI-free pay, because some employees and directors may be entitled to the unused allowances covering all of the previous month’s in the tax year. If the net pay is uncharacteristically large and the employer’s NI cost is surprisingly low, it won’t last! By the end of the tax year, the monthly take home pay will reduce and the remittance to the Accounts Office will increase. This can be incremental and sometimes there can be one month (usually around October) when a significant hike in the figures occurs. That’s because the calculations have to be done on a cumulative basis throughout the tax year – and not in equal increments!

A New Payroll Account

HMRC requires all employers who operate a payroll to maintain a PAYE account.

This is needed in order to make remittances of tax and national insurance, and equally to file a monthly report when you need to declare that no tax and NI is due.

For historic reasons a PAYE account is called a “scheme” and it has two different reference numbers, one for the Inspector of Taxes (a PAYE ref) and a different one for the Collector of Taxes (the Accounts Office ref). The use of this archaic structure and terminology has not changed with the advent of digital services. And hence we need both of those reference numbers!

HMRC letter

HMRC normally posts a letter (like the one above) about 7-14 days after PAYE registration, and it states the:

• Accounts Office reference
• Employer PAYE reference

As soon as you have these, please let us know what they are. We don’t need the letter or any other PAYE paperwork, we just need the two reference numbers. Thank you.

The 5 steps to ensure you get paid

Business is business, and your clients know (just the same as you do) that if payments are not made properly, then the business relationship they have with you will ultimately die. Here are 5 key steps to help you ensure that things are kept under control.

1. Terms and Conditions. You need to manage expectations, and a properly drafted set of terms and conditions (T&C) sets the scene immediately. Don’t start work without one. It allows both you and your client to understand the roles and requirements of each party. It should set out:

• who the parties are
• the scope of the work
• what is required in order for the work to be performed
• the time frame
• the fee structure and payment terms; and
• proposed remedies to help resolve conflicts

There is no need to get legal advice (unless you really want to) and normally, a straight forward document written in plain English is perfectly adequate. The objective is to avoid the need for the involvement of legal experts later, but it’s worth bearing in mind that if your terms and conditions document does ever end up in court, then it has to be clear enough to help the judge make an informed decision.

2. A credit control process. We all go through minor cash flow problems from time to time and one missed payment should not mean having to recall Parliament. A simple message to the client to let them know that you have “noticed the difficulty” should be sufficient. Ask when payment is going to be made, and keep notes about the discussion and the temporary variation to the normal T&C. Also let the client know that one-off occurrences like this do not usually lead to a suspension of work. In effect, it’s business as usual and you are waving a green flag.

Quite often, this “green flag” step is a one-way process, and client’s who are on the verge of “catching up” with payments will often prefer to make a payment within a few days of your message, rather than enter into a dialogue about “credit control”. People don’t like talking about money. If you can overcome your reluctance to talk about it, then you will do well in business.

Don’t be tempted to skip this step, because if things do happen to get worse, then it will be harder to move onto the amber flag if you missed out the green stage. You need to have proof that you followed your process. The key to receiving payment is to have a mixture of consistency and persistency.

If you do end up in court, then the judge will want to see that you have taken reasonable steps. That probably makes the green flag step the most important step of all.

3. The amber flag. Assuming that there is definitely something wrong with your client’s cash flow, the amber step is often the last chance to keep control of the business. By all means send a letter or email first, but you must then be prepared to get on the phone and talk directly to the person who controls the purse strings. Talk business with them and make sure that they are satisfied with the service you provide. Check that they are intending to retain your services, and if that’s the case, then point out that “business is business” and that you are entitled to be paid.

On the basis of that conversation, you may agree to allow some flexibility in payment terms. Whatever you agree, write it down! Send it to the client, and ask them to agree that this is an accurate record of the conversation;

“Please let me know if this does not correctly reflect what we said.”

If you have a handful of clients, then managing a variation or two is not difficult. If you have hundreds of clients, then you may need to establish a “variation” process. You won’t want to do things fifty different ways for fifty different people. Decide what’s sensible for you and offer one, two or three alternative payment plans, and no more than that.

Experience tells us that these temporary variations need monitoring on a weekly basis. Doing it monthly is too long a gap, and doing it daily is impractical. Make weekly phone calls if you have to, because they are the most effective way to get payments in. If you don’t have the stamina to do that yourself then pay somebody else to make the calls.

You may find that some clients learn your system (especially if, like us, you have published it on your web site) and they will play the game and repeatedly push you to the amber step. If it’s habitual, then skip this step, and go straight from green to red.

4. The red flag. Stop work. Tell them why. And tell them what happens next, whether that’s some way of redeeming the situation, or whether that’s the complete termination of the contract.

The chances are that you will want to give them a further 14 days or 28 days to put things right. Whatever your plan, do no work during this “red flag” period, no matter how convincingly the client protests. If the client asserts that there is some particularly acute issue at stake, then it works in your favour. Still – do no work. A client would rather pay you than suffer grave consequences.

If you give in at this stage and continuing working without being paid, then word will spread and you will get a reputation as the organisation that is willing to work for free. Is that what you want? More problem clients?

5. Legal action. After the red flag step, you could try legal action, or you could put it down to experience.

If the debt is less than £100 then there is no point in commencing proceedings in the County Court. Write it off. Other “small claims” can be handled by way of County Court Judgments and the fees are relatively modest.

If the debt is more than £750 and the client is a Limited Company (and you are expecting to do no further business with that client) then you could go for the jugular and consider issuing a Statutory Demand – contact a legal stationer.

The beauty of a Statutory Demand is that it’s like “going in with the big guns first”. However, to be valid, you must complete the document correctly, and follow the guidelines precisely. If you get any of that wrong, then any later court action may fail on a technicality.

If neither of those two options looks right, then in all other cases you will need some middle ground and that means you will need to take professional legal advice.

Footnote

This 5 step process has been developed by Proactive over a number of years. They commenced in business in 1997 and clearly have been getting something right! This document is copyright protected © 2011 Proactive. It may be reproduced in its entirety without modification, provided that this footnote is included referring the reader to http://www.proactive.ly