fpdteam, Author at Bennetts Accountancy

An outline of the Employment Rights Bill

14th October 2024 by fpdteam

Legislation has been introduced in Parliament to upgrade UK workers’ rights.

The legislation is wide ranging with the intention of tackling poor working conditions and benefitting businesses. A summary of the main changes are:

The existing two-year qualifying period for protections from unfair dismissal will be removed, delivering on the Labour manifesto commitment to ensure that all workers have a right to these protections from day one on the job.
The government will also consult on a new statutory probation period for companies’ new hires. This will allow for a proper assessment of an employee’s suitability to a role as well as reassuring employees that they have rights from day one, enabling businesses to take chances on hires while giving more people confidence to re-enter the job market or change careers, improving their living standards.
The bill will bring forward 28 individual employment reforms, from ending exploitative zero hours contracts and fire and rehire practices to establishing day one rights for paternity, parental and bereavement leave for millions of workers. Statutory sick pay will also be strengthened, removing the lower earnings limit for all workers and cutting out the waiting period before sick pay kicks in.
Accompanying this will be measures to help make the workplace more compatible with people’s lives, with flexible working made the default where practical. Large employers will also be required to create action plans on addressing gender pay gaps and supporting employees through the menopause, and protections against dismissal will be strengthened for pregnant women and new mothers. This is all with the intention of keeping people in work for longer, reducing recruitment costs for employers by increasing staff retention and helping the economy grow.

A new Fair Work Agency bringing together existing enforcement bodies will also be established to enforce rights such as holiday pay and support employers looking for guidance on how to comply with the law.

Employers and employees who would like more information on the scope of the new legislation can view a Department for Business and Trade press release at https://www.gov.uk/government/news/government-unveils-most-significant-reforms-to-employment-rights.

Source:Other| 13-10-2024

New brooms to deliver better pension frameworks

14th October 2024 by fpdteam

The Department for Work and Pensions has published an outline of the new Pensions Scheme Bill. There are three main objectives that the government want to achieve, and they are set out below. However, the process of consultation and redrafting that will no doubt be required will probably delay the parliamentary process for some time.

The three objectives outlined by the Minister for Pensions are:

“First, the Bill will enable the consolidation of multiple small pots, helping bring individuals eligible pots together in one place. This will support people to keep track of their savings so they can live better and more comfortably in retirement, but it will also mean that consolidators will generate scale at a greater rate, improving opportunity for investment.

“Second, the Bill will introduce a Value for Money Framework for defined contribution schemes, which you’ve already mentioned, to drive consolidation of the sector. We want to see fewer, larger providers who have the scale and expertise to invest in a more diverse portfolio. The Value for Money Framework will also contribute to economic growth, as there will be an increased focus on assets that can deliver long term value.

“Third, the Bill will introduce a requirement for pension schemes to offer retirement products, including a default retirement solution. It is crucial that we improve the options for people when they reach retirement age, and many have said to me that people feel as if they’re left on their own at that crucial time that they retire. But we need to go further, and in July, the Chancellor asked me to lead the first phase of the Pensions Review. I would like to thank all of you in this room who contributed to our Call for Evidence, especially given the short timeframe of our consultation.”

Source:Other| 13-10-2024

Will 10% tax on business disposals survive?

10th October 2024 by fpdteam

While there have been no specific announcements regarding changes to Business Asset Disposal Relief (BADR), the Chancellor may consider modifying this relief in the upcoming Budget. If you are contemplating selling your business soon, we can assist you in evaluating your options.

BADR currently applies to the sale of a business, shares in a trading company, or an individual's interest in a trading partnership. When this relief is available, a Capital Gains Tax (CGT) rate of 10% applies instead of the standard rate, potentially resulting in significant CGT savings for those looking to exit their business.

To qualify for this relief, several conditions must be met. Currently, individuals can claim a total of £1 million in BADR over their lifetime. This £1 million lifetime limit allows for multiple claims for the relief. Additionally, the lifetime limit may be increased if assets were sold before 11 March 2020.

Source:HM Revenue & Customs| 07-10-2024

Chancellor unveils new measures

10th October 2024 by fpdteam

Chancellor Rachel Reeves has recently introduced a series of new measures aimed at advancing the priorities of the new government. The key announcements include:

New funding for breakfast clubs at 750 schools with primary-aged pupils.
The publication of a new Industrial Strategy in the spring.
A reversal of the decision to write off over £640 million in Covid PPE contracts.
HMRC will consult on the implementation of e-invoicing for businesses and government departments.

Further details are as follows:

School Breakfast Club Pilot

The Chancellor announced a £7 million breakfast club pilot that will invite up to 750 schools with primary-aged pupils to participate. This funding will allow these schools to provide free breakfast clubs for their students during the summer term (April-July 2025). The initiative aims to reduce the number of hungry children starting the school day, ensuring they are ready to learn.

Covid Corruption Commissioner

The Chancellor declared that no Covid-era PPE contracts will be abandoned or waived until they have been reviewed by the new Covid Corruption Commissioner, who will be appointed in October. This decision affects £647 million in Covid PPE contracts that were previously set to be waived.

Industrial Strategy

The Chancellor emphasized that the Industrial Strategy will be central to the government’s mission to stimulate economic growth, unlock investment, and improve prosperity across the country. A green paper is expected to be published shortly outlining the long-term sectoral growth and priority industries of the government

HMRC Package

Chancellor Reeves also detailed a package of reforms aimed at enhancing the UK’s tax system to strengthen the foundations of the economy. As part of this initiative, HMRC will launch a consultation on e-invoicing to encourage its broader adoption among UK businesses and government departments. Additionally, a new Digital Transformation Roadmap is expected to be published in Spring 2025, outlining HMRC’s vision to become a digital first organisation.

Source:HM Treasury| 07-10-2024

Construction industry – VAT reverse charge

10th October 2024 by fpdteam

There are special VAT reverse charge rules in place for certain building contractors and sub-contractors. These regulations, which came into effect on 1 March 2021, make the supply of most construction services between construction or building businesses subject to the domestic reverse charge. The reverse charge only applies to supplies of specified construction services provided to other businesses within the construction sector.

If you are VAT registered in the UK and supply services to the building and construction industry, you must use the VAT reverse charge if the following conditions are met:

Your customer is registered for VAT in the UK.
Payment for the supply is reported under the Construction Industry Scheme (CIS).
The services you provide are standard or reduced-rated for VAT.
You are not an employment business supplying staff or workers, or both.
Your customer has not provided written confirmation that they are an end user or intermediary supplier.

When these rules apply, sub-contractors do not add VAT to their supplies for most building customers. Instead, contractors are responsible for paying the deemed output VAT on behalf of their registered sub-subcontractor suppliers. And note, contractors can then reclaim the same amount of VAT as input tax on their VAT return, subject to the usual rules. In effect, contractors are paying their subcontractors' VAT to HMRC and then claiming it back on the same VAT return.

It is important for businesses to understand and comply with these rules in order to avoid potential penalties from HMRC.

Source:HM Revenue & Customs| 07-10-2024

Using the GOV.UK ID Check app

10th October 2024 by fpdteam

The GOV.UK ID Check app is used to allow applicants to verify their identify when they sign in to a government service with GOV.UK One Login. Once this had been completed satisfactorily, your identity information is automatically saved to your GOV.UK One Login. This means you will not need to prove your identity next time a service needs to check who you are.

The app is available on both iPhone and Android platforms and will check that:

your photo ID is real
you are a real person
you are the same person as in your photo ID

You also need one of the following types of photo ID:

UK photocard driving licence
UK passport
non-UK passport with a biometric chip
UK biometric residence permit (BRP)
UK biometric residence card (also called a BRC)
UK Frontier Worker permit (FWP)

If you are unable to prove your identity using the app there are also options to answer security questions online about things like your mobile phone contract, and any bank accounts, credit cards, loans or mortgages you may have. There is also a further option of using a Post Office that offers ‘in branch verification’.

Source:HM Government| 07-10-2024

Service tipping law now in force

10th October 2024 by fpdteam

New regulations that prohibit employers from withholding tips for employees in the hospitality, leisure, and services sectors took effect on 1 October 2024. This change follows the enactment of The Employment (Allocation of Tips) Act 2023, commonly referred to as the Tipping Act, along with the statutory Code of Practice on the fair and transparent distribution of tips, which also took effect on 1 October 2024.

This means that more than 2 million workers will have their tips protected. HMRC has estimated that this new law will mean an estimated £200 million a year will go back into the pockets of hard-working staff by retaining tips that would have otherwise been deducted. These new measures apply in England, Scotland and Wales. Employment policy is devolved to Northern Ireland.

Employers who violate these rules could face fines or be required to compensate their staff. Workers will have the ability to hold their employers fully accountable through employment tribunals.

The statutory Code of Practice provides businesses with advice on how tips should be distributed among staff. The Code of Practice is statutory and has legal effect, meaning it can be introduced as evidence in an employment tribunal.

Source:Department for Business and Trade| 07-10-2024

New powers for banks to combat fraudsters

10th October 2024 by fpdteam

Banks will be granted new powers to delay and investigate payments suspected of fraud, enhancing consumer protection against scammers.

Under new laws being proposed by the Government, banks will be able to extend the maximum delay for suspicious payments by up to 72 hours when there are reasonable grounds to suspect a payment is fraudulent and additional time is needed for investigation. Under the current regulations, banks are required to either complete or reject a payment by the close of the next business day.

This extended time frame will allow banks more opportunity to disrupt fraudsters' influence over their victims and help combat the estimated £460 million lost to banking fraud in the last year.

The Economic Secretary to the Treasury, commented:

Hundreds of millions of pounds are lost to scammers each year, targeting vulnerable communities and ruining the lives of ordinary people.

We need to protect these people better, which is why we are giving banks more time to investigate suspicious payments and break the criminal spell that scammers weave.

Banks that have reasonable grounds to suspect a payment is fraudulent will be required to notify customers when a payment is delayed as well as to provide instructions on what actions the customer needs to take to unblock the payment. Banks will also be obligated to compensate customers for any interest or late payment fees incurred due to payment delays.

Source:HM Treasury| 07-10-2024

New residence-based relief for non-doms

9th October 2024 by fpdteam

A reminder that the government has stated that it will remove preferential tax treatment based on domicile status for all new foreign income and gains (FIG) that arise from 6 April 2025. To replace the present remittance basis of tax, the government will introduce an internationally competitive residence-based regime, providing 100% relief on FIG for new arrivals to the UK in their first four years of tax residence, this is provided that they have not been UK tax resident in any of the 10 consecutive years prior to their arrival.

From 6 April 2025, the protection from tax on income and gains arising within settlor-interested trust structures will no longer be available for non-domiciled and deemed domiciled individuals who do not qualify for the 4-year FIG regime.

The government intends to conduct a review of offshore anti-avoidance legislation, including the Transfer of Assets Abroad and Settlements legislation, to modernise the rules and ensure they are fit for purpose. The intention for this review will be to remove ambiguity and uncertainty in the legislation, make the rules simpler to apply in practice and ensure these anti-avoidance provisions are effective. Further details on the review will be provided in due course. It is not anticipated that this review will result in any changes before the start of the 2026-27 tax year.

A form of Overseas Workday Relief (OWR) will be retained. Government officials will engage with stakeholders on the design principles for this tax relief and further details are expected to be confirmed in the Budget later this month.

Source:Other| 08-10-2024

Government crack-down on late payers

9th October 2024 by fpdteam

The government has unveiled new measures to support small businesses and the self-employed by tackling the scourge of late payments, which according to the Smart Data Foundry is costing SMEs £22,000 a year on average and according to FSB research, leads to 50,000 business closures a year.

The government will consult on tough new laws which will hold larger firms to account and get cash flowing back into businesses – helping deliver our mission to grow the economy.

In addition, new legislation being brought in the coming weeks will require all large businesses to include payment reporting in their annual reports – putting the onus on them to provide clarity in their annual reports about how they treat small firms. This will mean company boards and international investors will be able to see how firms are operating.

Enforcement will also be stepped up on the existing late payment performance reporting regulations which require large companies to report their payment performance twice yearly on GOV.UK.

Under current laws, responsible directors at non-compliant companies who don’t report their payment practices could face criminal prosecutions including potentially unlimited fines and criminal records.

The consultation which will be launched in the coming months, will also consider a range of further policy measures that could help address poor payment practices.

Research shows that every quarter in 2022, 52% of SMEs small firms in the UK suffer from late payments, meaning roughly 2.8 million small firms face this issue, with the Federation of Small Businesses describing it as one of the biggest problems facing SMEs.

Late payments are just one element of the problem, with some SMEs forced to wait months for contracts to be fulfilled and some are even forced to take out loans against their own homes to manage cash flow.

Cracking down on late payments will unlock growth for 5.5 million small firms by enabling them to invest their time hiring more employees, boosting wages, and exporting around the world, rather than chasing down late payments.

The Business Secretary will hold a joint call with the Federation of Small Businesses later today to outline to SME leaders the work the Department will undertake to put in place tough new laws to end bad payment culture. New proposals, subject to consultation, will be bought forward on audit and audit committees, in order to help rebuild small businesses’ trust that they will be paid on time.

Source:Other| 08-10-2024