National Minimum Wage Rates Increase

The National Minimum Wage rates are increasing, for some people, on 1 October 2012. The rates are dependent upon age with a special rate for apprentices.

The new rates from 1 October 2012 are:

• Age 16 or 17 (over compulsory school age) - £3.68 per hour (no change)
• Age 18,19 and 20 - £4.98 per hour (no change)
• Age 21 and over - £6.19 per hour (increased from £6.08)
• Apprentices 16, 17 or 18 (and 19 and over for the first 12 months of training) - £2.65 per hour (increased from £2.60).

If Defacto process your payroll for you we will check to ensure that you are meeting these obligations and advise of any required increases.  If you process your own payroll please ensure that you check wages and salary payments you will make from 1^st October 2012.

Goodwill on Incorporation

Trading as a company is generally more tax efficient for profitable businesses; the tax rates are lower and many tax reliefs are only available to companies. Certain professions which were previously prevented from operating as a company, such as solicitors, can now incorporate.

If your business is loss making it may be better to remain as a sole-trader or partnership until those losses are fully relieved.

When incorporating a business, great care should be taken over the value of assets which are transferred to the new company, including the business goodwill. It is generally fairly easy to value fixed assets such as buildings or equipment, but goodwill of the business will depend on a number of factors and may not exist at all for some businesses. Examples of factors to consider include:

- Reputation of the business;
- Ability to generate future sales or fees;
- Customer & staff loyalty; and
- Location of the business.

A common approach is to estimate the capitalised value of the future profits of the unincorporated business and adjust for non-recurring items of income or expenditure. Adjustments will also be required for differences between the structure of the old partnership and the new company. The directors will be paid a salary, whereas the former partners took a profit share. Interest on borrowings will be paid by the company instead of by the partners.

Once a goodwill figure is established it can be included as part of the price to be paid under a sale agreement that transfers the business to the company. It is a good idea to include a price adjuster clause in this sale document, so if the Taxman challenges the value of the goodwill any outstanding amount of sale proceeds due to the former owners can be adjusted.

Where the former owners become directors of the new company, it is common practice to leave part of the sale proceeds owing to those individuals as loan accounts within the company. These loan balances can then be drawn down gradually from the company with no tax to pay. However, the former owners may have to pay capital gains tax on the transfer of the business to the company.

If you are thinking of incorporating your business, please talk to us first, as there are lots of details to hammer out which will be specific to your business.

VAT on Incorporation

If the previous business was VAT registered it can pass its VAT number on to the new company under the transfer of going concern rules (TOGC). However, this is not always advisable as the VAT number will carry with it all the 'history' of the old business, including defaults for late payment and error records. If the owners of the new company are not exactly the same people as those who owned the old business, the new owners may not want to take on the VAT 'sins' of the old business.

In this case the new company will have to apply for a new VAT number. This is the same procedure as a new VAT registration, and penalties will apply if it is not done on time.

If you want the new company to adopt the VAT number of the unincorporated business you must inform the Tax Office of the change in structure of the business within 30 days. If this deadline is not met the Taxman will impose a 'failure to notify' penalty which could be up to 100% of the VAT due, even where all the VAT due has been paid on time.

Please ask one of our VAT experts for advice on dealing with VAT on incorporation.

RTI Gathers Pace

We warned you previously about the new real time information (RTI) process. Now the Taxman is writing to all employers who are not already part of an RTI pilot, to tell them how to prepare for RTI.

To recap: RTI is a new way of submitting payroll data to the Tax Office. Instead of sending PAYE information to HMRC once after the end of the tax year, employers must submit their payroll data online on every occasion their employees are paid.

If you run a computerised payroll, your payroll software should be updated to cope with RTI. However, do check with your software provider, as some payroll packages are not going to be revised for RTI. In which case you need to find new payroll software, or use the free software provided by HMRC (for up to 9 employees), or ask us help you process your payroll each month.

All small and medium sized employers will be expected to start using RTI to submit payroll data from April 2013, unless they have agreed a different start date with the Tax Office. Once you receive an 'invitation' from the Taxman to use RTI, you must join the RTI system from the date directed.

You will need to collect some new data items under RTI which are not currently required for PAYE, such as:

- Hours worked per week for each employee based on one of four bands;
- Details of those earning less than the lower earnings limit (£107 per week);
- Which employees are paid irregularly, perhaps only once per year; and
- Passport numbers for employees who do not have NI numbers.

In addition you will need to have the correct NI number (where this exists), date of birth, gender, full name and address for each employee.

We can help you with the transition to RTI, but please start thinking about what help you might need sooner rather than later.

Taxman on the Hunt Again

The Taxman has run a number of campaigns designed to encourage certain classes of taxpayer to declare their untaxed income. In the past we have seen campaigns aimed at medics, plumbers, tutors, electricians and e-traders.

A new campaign started on 26 September 2012, this time targeting direct sellers. These are people who sell products on a commission basis in customers' homes. These sellers often earn very little from their efforts, but they still need to declare those small amounts of income to the Tax Office. The campaign will primarily focus on helping the door-to-door sellers understand their obligations to register for tax and to file tax returns.

Following swiftly on will be a campaign targeting builders and tradesmen who provide home maintenance, repair or home improvement services.

These tradesmen may not be registered with HMRC under the construction industry scheme (CIS) if they only work for householders. If you are such a builder or trades-person, now would be a good time to talk to us about any tax related worries you have.

The Taxman has also formed some new taskforce teams to door-step particular businesses in defined areas. The latest list of potential 'tax cheats' now includes: grocers & retail traders, restaurants, motor-traders, hairdressers & beauticians, and London-based lawyers! If your business is on that list, please talk to us ASAP.