Update on Companies House changes

Looks like Companies House is morphing from passive registrar into a monitoring agency for the government. Changes that are likely to impact the business community from as early as March 2024 are listed below, extracted from a Companies House blog post, dated 22 January 2024.

 

“The Economic Crime and Corporate Transparency Act became law in October 2023. Since then, we’ve been getting ready to introduce the measures brought in by the act.

“We're aiming to introduce the first set of changes on 4 March 2024. The introduction of these changes needs secondary legislation, so this date is still dependent on parliamentary timetables. It will not be earlier than 4 March 2024. These changes include:

 

  • greater powers to query information and request supporting evidence;
  • stronger checks on company names;
  • new rules for registered office addresses;
  • a requirement for all companies to supply a registered email address;
  • a requirement for all companies to confirm they’re forming the company for a lawful purpose when they incorporate, and to confirm its intended future activities will be lawful on their confirmation statement;
  • the ability to annotate the register when information appears confusing or misleading;
  • taking steps to clean up the register, using data matching to identify and remove inaccurate information; and
  • sharing data with other government departments and law enforcement agencies.”

 

One change from 4 March 2024 that may require action when these new regulations are finally introduced, is the requirement for companies to have an “appropriate” registered office address, no more PO Box numbers.

 

Another change is the requirement to provide Companies House with a registered email address. From 4 March 2024, new companies will need to give a registered email address when they incorporate. Existing companies will need to give a registered email address when they file their next confirmation statement with a statement date from 5 March 2024.

 

You will also need to confirm the company’s intended future activities are lawful on the confirmation statement. The intention of these new statements is to make it clear that all companies on the register, new and existing, have a duty to operate in a lawful way. Companies House may act against your company if they receive information that confirms you are not operating lawfully.

Red Sea disruption to supply chains

The Department for Business and Trade (DTI) has launched the Critical Imports and Supply Chains Strategy to safeguard the UK supplies of critical goods such as medicines, minerals and semiconductors. This should help importers counter the effects of the Red Sea disruption.

In their recent press release, the DTI said:

“Imports of critical goods for the NHS and UK manufacturing to be protected from global supply chain shocks, safeguarding business and consumers and boosting the economy.

  • New Critical Imports and Supply Chains Strategy forms key part of government work to back business and grow the economy, helping UK companies build strong and resilient supply chains for vital goods and avoid dependence on protectionist or coercive states.
  • Innovative research will be used to map the impacts of shocks on supply chains, such as those caused by the Covid pandemic and war in Ukraine and understand how the UK can secure the goods we need in future.

“UK supplies of critical goods such as medicines, minerals and semiconductors will be safeguarded, thanks to the Government’s new Critical Imports and Supply Chains Strategy launched today (Wednesday 17 January).

“The recent attacks in the Red Sea, one of the world’s most critical waterways, has threatened global trade. In response to increased geopolitical disruption, and the unprecedented challenges of recent years, like the Covid pandemic, Russia’s invasion of Ukraine and environmental disasters, the UK Government and businesses have boosted their ability to manage supply chain shocks. This strategy builds on this and will further equip UK businesses to deal with global supply chain problems and access the imports they need which are essential to the functioning of the UK.”

More than 100 top UK firms, including pharmaceutical and manufacturing leaders like The Association of the British Pharmaceutical Industry (ABPI), the Society of Motor Manufacturers and Traders (SMMT) and Green Lithium have contributed to the strategy to ensure it helps develop resilient and secure supply chains that protect both their business and the consumers who rely on them.

Minister for Industry and Economic Security Nusrat Ghani will launch the Strategy today during a visit to Heathrow Airport, the largest import hub in the UK which managed more than £86 billion of UK imports in 2022.

Spread the cost of tax payments

None of us has been exempt from the effects of inflation and cost of living issues in the past year. Which is why taxpayers who are obliged to register for self-assessment will be somewhat apprehensive as the deadline for paying any arrears of tax for 2022-23 and the first payment on account for 2023-24 looms large; both need to be paid by 31 January 2024.

However, according to HMRC, 44,800 taxpayers have already registered with HMRC to repay their tax dues.

They said:

“Those who are unable to pay in full can check online to see if they can set up a monthly payment plan called Time to Pay. If they owe less than £30,000, they can use the affordability checker on GOV.UK to help decide the best arrangements for them. Interest will be applied to any outstanding balances from 1 February.”

This Time to Pay facility is a welcome assist for individuals who simply cannot afford to settle their taxes in full by the 31 January payment date.

Myrtle Lloyd, HMRC’s Director General for Customer Services, said:

“We want to help Self-Assessment customers meet their obligations and there is no time like the present to choose the right payment option for you. Whether you choose to pay in instalments, via the HMRC app or using online banking, search ‘pay your Self-Assessment tax bill’ on GOV.UK for a full list of options.”

HMRC has also reminded taxpayers to be aware of the risk of falling victim to scams and should never share their HMRC login details or any other personal data with anyone. HMRC scams advice is available on GOV.UK.

Tax reminder for crypto asset users

With use of crypto assets growing, HM Revenue and Customs (HMRC) is urging people to avoid potential penalties and check if they need to complete a Self-Assessment tax return for the 2022-23 tax year.

Anyone with crypto assets should declare any income or gains above the tax-free allowance on a tax return. Tax may be due when a person:

  • receives crypto assets from employment, if they are held as part of a trade, or engage in crypto related activities that generate an income.
  • sells or exchanges cryptoassets, including:
    • selling cryptoassets for money
    • exchanging one type of crypto asset for another
    • using cryptoassets to make purchases
    • gifting cryptoassets to another person
    • donating cryptoassets to charity

The deadline to complete a tax return and pay any tax owed is 31 January 2024.

Myrtle Lloyd, HMRC’s Director General for Customer Services, said:

“People sometimes forget that information about crypto-related income and gains need to be included in their tax return. Some people affected may not have had to do a tax return before, so it is important people check. With the Self-Assessment deadline just a matter of weeks away, I am urging people not to put off completing it.”

Need time to pay?

Taxpayers who are unable to pay any taxes due in full can access support and advice on GOV.UK. HMRC may be able to help by arranging an affordable payment plan, known as Time to Pay for customers who owe less than £30,000. Taxpayers can arrange this themselves online. Go to GOV.UK and search “HMRC payment plan” for more information.

HMRC will consider a taxpayer’s reasons for not being able to meet the deadline. Those who provide HMRC with a reasonable excuse may avoid a penalty. The penalties for late tax returns are:

  • an initial £100 fixed penalty, which applies even if there is no tax to pay, or if the tax due is paid on time
  • after 3 months, additional daily penalties of £10 per day, up to a maximum of £900
  • after 6 months, a further penalty of 5% of the tax due or £300, whichever is greater
  • after 12 months, another 5% or £300 charge, whichever is greater

There are also additional penalties for paying late of 5% of the tax unpaid at 30 days, 6 months and 12 months. Interest will also be charged on any tax paid late.

And a final cautionary note. Everyone should be aware of the risk of falling victim to scams and should never share their HMRC login details with anyone. HMRC scams advice is available on GOV.UK.

More news on the Horizon saga

Since the recent ITV airing of the Post Office sub-postmasters confrontation with the Horizon accounting software, a flurry of support for the affected individuals have been generated.

A news story issued by the Insolvency Service has been added to the list. Entitled:

Update: Postmasters impacted by Horizon who may have been made bankrupt

They said:

“Horizon was the former accounting system used by the Post Office. Between 1999 and 2015, a number of Postmasters experienced shortfalls in cash and stock in relation to the data produced by Horizon. As a result, Postmasters were required to make good the shortfall.

“In some cases, this led to bankruptcy, where some postmasters may have petitioned for their own bankruptcy or were subject to a bankruptcy order on the petition of a creditor. The Insolvency Service and the Official Receiver, acting as trustee in bankruptcy, continues to assist former Postmasters impacted by bankruptcy and we are working closely with the Post Office and the Department for Business and Trade to ensure that claims for compensation are paid as quickly as possible.

“Bankruptcy and claims for compensation are a complex area and we are helping claimants understand whether their bankruptcy orders can be cancelled and signposting appropriate advice.

“There are a number of official schemes offering compensation.

“If you wish to know more about claiming compensation directly from the Post Office, please click here.”

In an attempt to reach all the individuals who were subject to bankruptcy, adjudicator or a sequestration order and resided in England, Wales, Scotland, or Northern Ireland, and believe they were impacted by the Horizon discrepancies and have not yet been in contact with the Insolvency Service, please contact them via our dedicated inbox: Horizoncases@insolvency.gov.uk.

You will need to provide the following information:

 

  • full name;
  • date of birth;
  • contact details;
  • court / bankruptcy reference number relating to your bankruptcy (if available);
  • where your bankruptcy / adjudicator or sequestration order was made, i.e. England/Wales, Scotland or Northern Ireland; and
  • a brief overview of how you were affected.

If you were subject to a bankruptcy / sequestration order in Scotland or Northern Ireland, your details will be forwarded to the appropriate bodies in Scotland and Northern Ireland.

If an Insolvency Practitioner has been appointed as your Trustee in bankruptcy or you were subject to an Individual Voluntary Arrangement (IVA), please direct any queries to the Insolvency Practitioner appointed.

If you are currently subject to a Debt Relief Order and within the 12-month moratorium period, please contact the Official Receiver dealing with your case.

The Insolvency Service closed their story with the following undertaking:

“If you have previously contacted the Insolvency Service on this matter via the Horizon inbox referenced above, we are currently working through the enquiries received and you will receive a response in due course.”

Beware rogue business rates agents

The Valuation Office Agency (VOA) is warning business owners to avoid taking advice from agents who approach them to reduce their business rates bills.

According to Alan Colston, Chief Valuer at the VOA:

“The vast majority of agents are reputable and provide a good service. But there is a small minority promising big reductions in business rates, based on incorrect information.

“These rogue agents often charge substantial fees for providing poor quality submissions using our online Check and Challenge service, which is free to use.

“We strongly advise businesses do their own research and explore different options before appointing an agent. Make sure you choose your own agent – don’t let an agent choose you.

“And remember, you can manage your business rates yourself by creating a Business Rates Valuation Account on GOV.UK.”

Cynically, business rates’ payers may be excused for noting that the VOA may have an agenda to ensure that any increase in rates goes unchallenged. However, in a recent press release the VOA have offered the following advice:

“We have a checklist to help businesses if they want to use an agent:

  • Anyone can call themselves an agent, but this does not mean they are a member of a professional body. Check an agent’s background before signing a contract.
  • If an agent is a member of the Rating Surveyor’s Association (RSA), Royal Institute of Chartered Surveyors (RICS), or Institute of Revenues, Rating, Valuation (IRRV), they must follow rating agent standards. This provides business owners with extra reassurance.
  • Check the length of a contract before signing. Rogue agents have been known to tie business owners into costly, long-term agreements.
  • Make sure you read the small print and fully understand the services for which you are paying. Legitimate agents should not pressure you into signing a contract or demand large sums of money up front.
  • Familiarise yourself with our Check service and create a Business Rates Valuation Account so you can manage your property and view correspondence between the VOA and your agent.
  • It is your responsibility to ensure the information your agent provides to the VOA is correct.”

There is also online guidance on the process for appointing an agent for business rates at https://www.gov.uk/guidance/appoint-an-agent#appointing-an-agent-for-business-rates

Selling online? Are you declaring the income?

Many of us use online trading platforms to sell unwanted goods or perhaps offer space in our home for rental.

If you are creating income in this way and you are earning more than £1,000 from this activity in any one tax year, then you will need to declare these earnings to HMRC.

This issue is likely to become a hot topic as from 1 January 2024 HMRC will be collecting data from the trading platforms and using this data to identify traders who have not declared their earnings.

HMRC’s manual on this topic says:

“The reporting rules commence in the United Kingdom on 1 January 2024.
“Platform operators that are within the scope of the rules will have to start conducting the due diligence, record keeping, and other obligations specified in the regulations from 1 January 2024.
“The required information must be reported by 31 January following the end of the reporting period. This means the reports for the first Reportable Period of 1 January 2024 to 31 December 2024 will be due by 31 January 2025.”
Which means your online sales details will now be reported to HMRC by the individual trading platforms and if HMRC check to see if actual returns from taxpayers do not seem to agree with the data received from eBay, Amazon, Airbnb etc., then enquiries will ensue.
It’s worth underlining that if your online sales do not breach the £1,000 tax-free limit in any tax year, then you should have no reporting obligations. But please note, this £1,000 limit is not for each trading platform but for all your online sales revenues.
If you need to clarify if your online income is reportable, please call and we will help you decide if you need to make any declarations to HMRC.

New workers rights and benefits

The government has set out the next stages for a number of new Workers' Rights Acts to support UK workers.

In a recent press release they said:

“The Employment (Allocation of Tips) Act 2023, which became law in May this year, requires employers to pass all tips on to workers.

“Most employers already pass on tips to the staff who earn them. However, there are still some unacceptable tipping practices by unscrupulous employers, which must be stopped.

“Christmas is an incredibly busy season for hospitality workers, and usually a time of year when customers are more generous with their tips. All employees deserve to receive their fair share of tips, so the Government has launched a public consultation on the Tipping Act’s Code of Practice to gain feedback from employers, workers and other stakeholders on the fair and transparent distribution of tips.”

Additionally, new rights to protect new parents from redundancy, give carers extra support and help all employees work flexibly are also a step closer as government has laid legislation with plans for the measures to come in next spring.

These measures aim to improve the lives of hard-working families across Britain, aiding workers who have caring responsibilities or parents at risk of redundancy and ensuring everyone is able work as flexibly as needed into the new year.

An extra 2.6 million workers across the UK will benefit from the removal of the 26 week qualifying period that is currently required before making a flexible working request.

Those with caring responsibilities will also be entitled to a brand new employment right to a week’s leave to care for a dependent.

Redundancy protections are also being extended to cover pregnancy, as well as to new parents.

Government is also backing British workers by introducing the biggest ever increase to the National Living Wage, worth over £1,800 a year for a full-time worker, fulfilling the pledge to end low pay.

When this increase comes into effect in April 2024, the National Living Wage will be worth nearly £21,000 a year for a full time worker – almost double, in cash terms, the amount which a full time worker on the National Minimum Wage earned in 2010.

For the first time, 21 years olds will be legally entitled to the National Living Wage, which is set to reach two-thirds of average earnings.

Why we all need to invest in tax planning

HM Revenue & Customs (HMRC have one clear objective, to recover past government expenditure and then recycle the cash collected to repay government borrowing and release funds for future expenditure.

To do this, HMRC are obliged to assess taxes by adopting the current legislation to collect taxes from individuals and businesses.

Fundamentally, HMRC base their judgement of the tax you owe on the data they have collected via tax returns, and all of these numbers relate to events in history. Whilst they will endeavour to allow the reliefs and allowances to which you are entitled, they do not have the data or the staff to call you up and ask about your future plans and how you can best organise your affairs to minimise overall tax liability.

For example, you may be a self-employed builder about to buy a replacement van in the last month of your accounting year. The cost of £20,000 could potentially be written off against your profits for the year and save you £4,000 in basic rate tax. But you know that in the following year you will be building a house that should net you profits in excess of £50,000. That being the case, it would make sense to defer the new van purchase until the following month, the first month of the new accounting period. Then, the £20,000 investment would save up to £8,000 in higher rate tax.

As we face the new calendar year there are just three months to the end of the 2023-24 tax year.

Which is why we are keen to have a conversation with all our clients to ensure your tax affairs are manged in the most efficient way; based not only on what has already happened, but more importantly, on what is planned to happen in the 2024-25 tax year.

In this way we can help you keep your tax footprint to a minimum.

Please call so we can determine how you would be best advised to organise your finances to minimise tax liabilities. The clock is ticking.

Obtaining the HMRC mobile app

HMRC’s free tax app is available to download from the App Store for iOS and from the Google Play Store for Android. The latest version of the app includes some updated functionality to update your name, save your National Insurance number to your digital wallet and to obtain help from HMRC's digital assistant.

The APP can be used to see:

  • your tax code and National Insurance number
  • your income and benefits
  • your income from work in the previous 5 years
  • how much you will receive in tax credits and when they will be paid
  • your Unique Taxpayer Reference (UTR) self-assessment
  • how much self-assessment tax you owe
  • your Child Benefit
  • your State Pension

The app can also be used to complete a number of tasks that usually require the user to be logged on to a computer. This includes:

  • get an estimate of the tax you need to pay;
  • make a self-assessment payment;
  • set a reminder to make a self-assessment payment;
  • report tax credits changes and complete your renewal;
  • access your Help to Save account;
  • using HMRC’s tax calculator to work out your take home pay after Income Tax and National Insurance deductions;
  • track forms and letters you have sent to HMRC;
  • claim a refund if you have paid too much tax;
  • update your name and / or postal address;
  • save your National Insurance number to your digital wallet; and
  • choose to be contacted by HMRC electronically, instead of by letter.