Salary Sacrifice was “clarified” in April, does your scheme comply?
Salary Sacrifice is a very tax efficient way to give your employees benefits and the most popular benefits are Pensions and Childcare. I wrote a blog back in 2011 which explained how it can save 45.8% in tax and NI
HMRC decided on 9th April 2013 that it was time to “clarify” in their Manuals what are successful and unsuccessful salary sacrifice schemes and have added some further guidance. Their Staff are instructed not to approve schemes (Employment Income Manual EIM42772)….
You (HMRC) may get requests for advice:
- on how to set up a salary sacrifice arrangement, or
- on whether draft documentation will achieve a successful salary sacrifice.
You (HMRC) should not comment on either of these areas. Salary sacrifice is a matter of employment law, not tax law. The nature of an employee’s contract of employment is a matter for the employer and employee.
The specific updates are:
EIM42750 – Salary Sacrifice – updated – this contains the examples of schemes
EIM42777 – Contractual arrangements – this has interesting comments on childcare and pensions
- If the scheme involves childcare or childcare vouchers then the conditions for exemption must be met. (See EIM21905 and EIM16057). Is the agreement to provide childcare between the employee and the childminder or nursery. If so the employer by paying the cost directly is meeting the employee’s personal liability. (See EIM00580).
- For a registered pension scheme the amount which can be contributed to the scheme is normally linked to the employee’s chargeable earnings. In consequence if the salary sacrifice results in some of the employee’s income no longer being taxable, then the amount of contribution, which can be made to the scheme, will also drop.
EIM42778 – Exemption from Tax/NIC – basically stating that exemption may require that the sacrifice may be available to all employees but that the sacrifice must not reduce the employees wages below National Minimum Wages
The following is an example of an unsuccessful Childcare Salary Sacrifice:
The pay slip for the month ended 31 July 2006 gives monthly pay as £2000 plus overtime of £100, deductions for tax of £355 and NIC. The pay slip for the following month shows monthly pay of £2000 plus overtime of £100, deductions for NIC, childcare vouchers of £200 and tax of £310. The code number operated on the salary has not changed.
The situation is not clear from the payslip. When asked, the employer explains that for August, because childcare vouchers of £55 a week are exempt, £220 of vouchers has been deducted from the gross pay of £2100 and tax charged on the net figure of £1880. Further information is needed, for example a copy of the employment contract and any variations agreed by the employer and employee to that contract.
It is established that in July the employee bought childcare vouchers. The employer was not involved. The employer accepts that as the childcare in July was not provided by him, no tax exemption is available. In August the employee asked the employer to buy the childcare vouchers to take advantage of the exemption. The employer did this and deducted the cost from the monthly salary. The contract of employment shows that the employee is entitled to a base salary of £24000 to be paid monthly. This contract has not been varied. As the employee’s entitlement has remained the same, this is not a successful sacrifice. (See EIM42766).
If you operate salary sacrifice schemes its worth checking that your schemes comply, the tax consequences of failure to comply could be substantial.
steve@bicknells.net
How does Overlap Relief work?
Overlap Relief applies to Sole Traders and Partnerships.
Where 5 April is used as the annual accounting date throughout the entire life of a business, there will be no overlaps between basis periods. In such cases the total profits assessed to income tax will automatically equal the total profits made during the life of the business.
In any other case there will be one or more years in which the basis periods for two successive tax years overlap. These overlaps may occur:
- In years 2 or 3 during the period in which the basis periods and accounting periods are brought into alignment; or
- During the period of realignment following a change of accounting date.
To ensure that the total profits assessed to income tax exactly equal the total profits made during the life of the business, “overlap relief” is given.
The amount available to be given as overlap relief is the amount of profits which arise in any overlap periods. An overlap period is a period which falls within two basis periods. Guidance on computing overlap relief is at BIM71080.
Overlap relief is given as a deduction in calculating the profits of the trade for the tax year:
- in which the trade ceases (see BIM71095), and / or
- an earlier tax year in which a change of accounting date occurs if the basis period for that tax year is longer than 12 months (see BIM71090).
Here is an example:
A business commences on 1 October 2010. The first accounts are made up for the 12 months to 30 September 2011 and show a profit of £45,000.
The basis periods for the first 3 tax years are:
| 2010-2011 | Year 1 | 1 October 2010 to 5 April 2011 |
| 2011-2012 | Year 2 | 12 months to 30 September 2011 |
| 2012-2013 | Year 3 | 12 months to 30 September 2012 |
The period from 1 October 2010 to 5 April 2011 (187 days) is an “overlap period”.
steve@bicknells.net
Buy to Let is Back!
House prices are rising as confirmed by the Land Registry in their report 29 April 2013, the annual change is 0.9%, rent is increasing again after a drop in 2009 according to the English Housing Survey, in 2011 it went up 3% to a mean rent after housing benefit of £132 per week. So let’s see who the tenants are (English Housing Survey 2011):
| social and private renting households receiving Housing Benefit | ||||
| all social renters |
all private renters |
all renters |
||
| percentages | ||||
| age of household reference person | ||||
| 16 to 24 | 6.3 | 11.9 | 7.8 | |
| 25 to 34 | 12.6 | 26.9 | 16.5 | |
| 35 to 44 | 18.1 | 24.0 | 19.7 | |
| 45 to 54 | 16.3 | 15.8 | 16.2 | |
| 55 to 64 | 14.1 | 9.0 | 12.7 | |
| 65 to 74 | 15.8 | 7.8 | 13.6 | |
| 75 and over | 16.7 | 4.4 | 13.4 | |
| marital status of household reference person | ||||
| married1 | 16.9 | 18.4 | 17.3 | |
| cohabiting2 | 5.5 | 9.7 | 6.7 | |
| single | 33.2 | 37.6 | 34.4 | |
| widowed3 | 17.1 | 7.5 | 14.5 | |
| divorced4 | 20.9 | 17.0 | 19.8 | |
| separated5 | 6.4 | 9.9 | 7.3 | |
| household size | ||||
| one | 50.5 | 31.7 | 45.4 | |
| two | 23.2 | 28.7 | 24.7 | |
| three | 11.5 | 18.0 | 13.3 | |
| four | 8.2 | 12.3 | 9.3 | |
| five | 3.6 | 5.8 | 4.2 | |
| six or more | 3.0 | 3.4 | 3.1 | |
| household type | ||||
| couple, no dependent child(ren) | 11.5 | 8.0 | 10.5 | |
| couple with dependent child(ren) | 10.1 | 19.2 | 12.5 | |
| lone parent with dependent child(ren) | 20.9 | 35.1 | 24.7 | |
| other multi-person household | 7.1 | 6.0 | 6.8 | |
| one person | 50.5 | 31.7 | 45.4 | |
| length of residence | ||||
| less than 1 year | 8.4 | 27.7 | 13.6 | |
| 1 year, under 3 years | 15.4 | 32.5 | 20.0 | |
| 3 years, under 5 years | 13.2 | 15.5 | 13.8 | |
| 5 years, under 10 years | 20.7 | 12.3 | 18.4 | |
| 10 years, under 20 years | 22.2 | 8.0 | 18.4 | |
| 20 years or more | 20.1 | * | 15.7 | |
| economic activity of | ||||
| household reference person | ||||
| full time work | 2.7 | 13.1 | 5.5 | |
| part time work | 9.5 | 18.1 | 11.9 | |
| retired | 36.4 | 16.0 | 30.8 | |
| unemployed | 13.8 | 17.4 | 14.8 | |
| full time education | * | * | 1.5 | |
| other | 36.4 | 32.9 | 35.5 | |
| total | 2,395 | 890 | 3,285 | |
| £ per week | ||||
| mean gross weekly income | ||||
| of household reference person | 206 | 237 | 215 | |
| (and partner) | ||||
| sample | 1,945 | 690 | 2,635 | |
Yields are looking good, its possible to achieve 8% to 10%, take a look at the examples on http://investors.assetz.co.uk/property-listing.htm
Lending rates are low with Bank of England base rate stuck at 0.5%.
So we should see Buy to Let coming back into fashion with investors, with that in mind here are my top tips to minimise your tax:
1. Claim allowable expenses
- Mortgage or Loan Interest (but not capital)
- Repairs and maintenance (but not improvements)
- Decorating
- Gardening
- Cleaning
- Travel costs to and from your properties for lettings or meetings
- Advertising costs
- Agents fees
- Buildings and contents insurance
- Ground Rent
- Accountants Fees
- Rent insurance (if you claim the income will need to be declared)
- Legal fees relating to eviction
2. If the property is furnished claim for Wear & Tear, you can claim 10% of the rent each year
3. Claim for repair and advertising expenses incurred in getting the property ready for renting
4. Consider how the property is owned for example your partner may pay less tax or if you own it 50/50 you could use their capital gains tax exemption on sale of the property
5. Consider whether owning the property within a limited company might be better, Corporation Tax is 20% for small companies in the UK which can make dividends more tax efficient than personal income.
6. Make sure any borrowings you have are on the Buy to Let so that you can claim tax relief on the interest
7. Claim the Energy Saving allowance for energy saving work and save £1,500
steve@bicknells.net
Why it’s important to understand the theory of Queuing
Essentially, the problem of Queuing is concerned with:
- Average waiting times
- The average length of the queue
- The number of service points (channels) there should be
- The cost of servicing the queue compared to cost of reducing waiting times
There are two main approaches to working out the solution:
- Simulation
- Queuing theory formulae
Queuing theory formulae can be complicated but are normally used in preference to simulation especially in simple situations.
Let’s take an everyday example, production staff queuing to collect stock from the company stores
So let’s run some numbers assuming the average number of production employees to be served every hour is 12 and we take 3 alternative service rates – 24, 18, 15 per hour, what is the probability of having to queue.
At 24 its 12/24 = 0.5 and the average number of staff in the queue will be 0.5/1-0.5 = 1 employee
At 18 its 12/18 = 0.67 and the average number of staff in the queue will be 0.67/1-0.67 = 2 staff
At 15 its 12/15 = 0.8 and the average number of staff in the queue will be 0.8/1-0.8 = 4 staff
The next stage is to work out the cost of servicing the production team quicker compared to the cost of a faster stores service to reduce queuing
If the production staff cost £20 per hour, based on a 6 hour day that’s £120 per day, that means based on the above the cost will be £120, £240 or £480 for queuing.
If the cost of a faster store man or faster servicing rate is less than the queuing cost then it’s worth investing to reduce the queuing cost.
steve@bicknells.net
Universal Credit – What do employers need to do?
UC replaces six existing benefits;
- Income-based Jobseeker’s Allowance
- Income-related Employment and Support Allowance
- Income Support
- Working Tax Credit
- Child Tax Credit
- Housing Benefit
with a simpler, single monthly payment for people out of work or on a low income. It is delivered by the Department for Work and Pensions (DWP) and ends the 16 hour rule that may previously have led employees to restrict the hours they work to avoid losing benefits.
The benefit has been tested already and the progressive national rollout begins in October 2013.
UC payments are linked to how much money an employed Universal Credit claimant has earned. This is captured through the new way of reporting PAYE information in real time.
What do employers need to do?
Your employee’s UC payments are linked to PAYE information reported in real time, so:
• it is very important to make accurate real time submissions when they are due, so that the amount of UC employees receive can be calculated correctly
• getting the right identity details for new employees at the point of hiring is vital in helping with both PAYE and UC.
david@graceaccountants.co.uk
National Minimum Wage rates from 1 October 2013
The National Minimum Wage Act 1998 provides the legal mandate for employers to pay a minimum wage.
The rates of national minimum wage applicable to pay reference periods starting on or after 1 October 2013 will be as follows:
• the main adult rate (for workers 21 and over) will increase by 12p to £6.31 an hour (currently £6.19 an hour)
• the rate for 18-20 year olds will increase by 5p to £5.03 an hour (currently £4.98)
• the rate for 16-17 year olds will increase by 4p to £3.72 an hour (currently £3.68)
• the rate for apprentices will increase by 3p to £2.68 an hour (currently £2.65).
From the same date, the accommodation offset will increase from the current £4.82 to £4.91.
A person qualifies for the national minimum wage if he is an individual who –
(a) is a worker;
(b )is working, or ordinarily works, in the United Kingdom under his contract; and
(c) has ceased to be of compulsory school age.
For a 37 hour per week worker the annual wage is £12,140.44 (£6.31*37*52)
The Living Wage Foundation use data from the Centre for Research in Social Policy at Loughborough University. They advocate the payment of a living wage of £8.55 in London and £7.45 elsewhere – that is £1.14 and £2.24 above the £6.31 NMW.
david@graceaccountants.co.uk
Head in the cloud …… feet very much on the ground!
I’m a director of a software development business which develops ‘cloud’ based applications. Of course, when we started in 2005, I was quite unaware of this, but then the marketing men seized on the ‘latest idea’, gave it a label so that they could sell it more easily, and hey-presto, ‘the cloud’ was born.
So if we set aside all the marketing hype, what exactly is ‘cloud computing’?
I’m not an ‘IT Professional’ so forgive me if I reduce this to more simplistic terms but actually it is quite straightforward, and in many ways something of a natural progression in a trend that has gained momentum over the last few decades.
If I can go back further for a moment, I can recall managing the new IT department of a large manufacturing operation in the early 1980’s (the directors didn’t really know where it should sit within the organisation so they gave it to the accountant because it had something to do with ‘information’). In those days, data was input by cards or paper tape, and we had a department of ‘punch card operators’, and an air conditioned room in which sat a ‘mainframe computer’ which was the size of a small car, and had various attendant tape drives for storage of data and programmes.
Users had a screen and keyboard and a wired connection to the mainframe to and from which they could send and retrieve data using application programmes which controlled how that data should be input and processed or presented when retrieved. All the processing was done by the mainframe as it was the only computer in this network of users and machines.
The advantages were clear and immediate: instead of having to walk to the other end of the factory to speak with a colleague who kept a written record of the information we were looking for, a user could now sit at his or her desk and look at the data which that colleague had input only moments earlier.
We then saw the explosion in availability of the personal computer (PC), cheaper and more flexible yes, but a backward step in productivity since written records were replaced by computerised records, but now held on desktop machines. And so we were back to walking the corridors to speak with a colleague who kept a computerised record of the information we were looking for, but this time carrying a floppy disk to write that information on rather than a pad and pencil.
Hence the advent in networking these PCs to a central ‘file server’ which, as the name suggests, is designed to store our files. Again this enabled us to work more collaboratively and more productively, by working on the same files and data, and indeed more securely as protection and regular backups of centralised data is far easier to achieve than for a myriad different personal computers.
The only real difference between this model and the early mainframes is that whereas the mainframe computer did all the work – stored the data, retrieved the data, ran the software applications, and so on – now the work was shared between the server which largely stored and retrieved data only, and the PCs which ran the applications to process that data, so overall processing speeds reduced dramatically whilst achieving a significant cost saving over a mainframe investment – a real ‘win-win’.
The development of ‘data warehouses’ where the centralised data storage was taken away from ‘in-house’ networks, and to more secure remote locations with ‘thin client’ access to data and business applications, was essentially a return to the mainframe model, and with much more powerful modern servers, overall processing speeds reduced still further.
However the real driver for this change was again an economic one – why spend money on lots of expensive PCs and a server, and all the attendant network paraphernalia and maintenance, when one very powerful central server could do it all, and all the users would need would be a screen, a keyboard, a mouse, and a telephone line (hence the thin client)!
I would have to say that this latter development probably by-passed most small and medium sized enterprises (SMEs) and still remains the reserve of larger firms who can afford the fees charged by vendors of large ‘enterprise’ (organisation wide) applications.
However, cloud computing is really little different to the thin client arrangement in that it enables access to data stored on a remote centralised server, and the applications to process that data. Our own cloud based applications store data on servers in the North of England, with backups in Docklands, and whilst most of the processing takes place on the server, some is done on the user’s PC, so that we can harness as much processing power as we need to ensure fast response times.
At its best, the cloud can provide access to software applications and services previously available only to larger enterprises, to smaller firms, and at a very economic cost, often on a ‘pay-as-you-go’ or rental basis instead of outright purchase – this is often termed ‘Software as a Service’ (SaaS).
And so to the inevitable questions: is cloud computing safe, and is it reliable enough to use to run my business?
Most small and medium sized enterprises do not have a dedicated IT team at their disposal, and as a result, backups may not be made reliably, firewalls and anti-virus software may not be the best (or as I have seen, not exist at all), and network access may require nothing more than a password written down on countless sticky notes attached to keyboards and monitors around the office.
The level of security employed in a cloud environment is likely to be significantly higher on average then the security of a typical SME, but it really is for prospective users to verify this for themselves: where is the server physically? What do you know about the firm that runs and maintains the server?
And is the application you plan to run secure? I would not claim that any application or network is one hundred percent secure (there have been too many high profile news stories to the contrary) but for example our accounting/ ERP application includes encryption between user and server so that even if the data transmission is intercepted by a hacker, they will have nothing more than a string of gobbledygook – a whole lot better than someone being able to hack into your in-house network and steal files, or even physically break into your office and steal a laptop with confidential data on it, or indeed losing your in-house data in a fire, all of which have happened to clients in the past.
That said, there are draw-backs, and in particular, reliability: do you have a reliable connection to the Internet, and does the cloud service provider give any guarantee of service availability?
I have sometimes advised prospective customers to look at ‘in-house’ software applications rather than our cloud based ERP application where they have poor or unreliable broadband, though this is becoming less of an issue as the infrastructure improves, indeed we even see our clients taking and processing customer orders directly into their system at trade shows using just a tablet computer.
And our experience with the firm who warehouses our servers has been good to date in that in five years we, and therefore our clients, have experienced only twenty minutes loss of service on a Saturday just before Christmas 2010 due to an attack by hackers on one of the other servers located in the same facility (this was dealt with effectively by the server centre staff without any need for our becoming involved), and this compares favourably to all the hours work lost previously when our in-house network has failed because one-or-other component or machine had stopped working (often following a software ‘upgrade’).
So is cloud computing for you?
A first step might be offsite backup and storage of your valuable data either by way of a simple copy and paste routine using Dropbox or Google Drive, or one of many providers that enable you to schedule regular data backups without any intervention from the system user.
You might also consider having your e-mail accounts hosted by an external provider, perhaps the same one that hosts your web site?
And what about your accounts/ ERP, or other business critical applications?
In June 2013 Larry Ellison of Oracle essentially endorsed cloud for such business applications; the article states “Oracle’s Larry Ellison is the epitome of the old guard. He built an empire on traditional enterprise software, purchased by a central IT department that worked through expensive and lengthy implementations to ultimately foist it on workers. But now he admits times have changed. ‘When you move to the cloud, companies don’t expect a multi hundred million dollar project to make their CRM from Salesforce work with ERP from Oracle.’”
Ultimately only you can decide – for me, as an accountant, this is just a normal investment proposition – what are the pros and cons for my particular organisation and what are the relative costs? Having actioned all the above in our accounting practice several years ago we immediately saved c.£3.5k when it came to replace out onsite server, quite apart from time and money on maintenance, servicing, and updates.
Will your experience be as good as ours to date?
I really can’t say. All I would suggest is that you check out the supplier of cloud services in the same way as you would anyone that is offering you any other service: Who are they? Do they have a good reputation, have they been recommended?
All I can hope is that this article has helped you to better understand what the cloud is about, and to therefore make a more informed decision.
Paul Driscoll is a Chartered Management Accountant, a director of Central Accounting Limited, Cura Business Consulting Limited, Hudman Limited, and AJ Tensile Fabrications Limited, and is a board level adviser to a variety of other businesses.























