VAT

VAT MOSS: A new VAT MeSS for ambitious digital, tech & creatives

Posted on January 13, 2015 by Global business 0

Unless you’ve been hiding under a rock someplace, you will have heard the screeches of uproar regarding the new VAT rules introduced from 1 January 2015 in relation to the supply of ‘electronic services’.

Coined a #VATMESS on Twitter, this is all part of an exercise to ‘harmonise’ EU VAT rules to prevent unfair competition where some companies may be selling from lower VAT jurisdictions – if only harmonisation could be so simple!

Given that the changes apply to the supply of ‘electronic services’, the key companies and businesses that have been hit by these changes are tech companies. Simon Briton has written a good summary on the impact of the VAT MOSS rules for tech companies.

In summary, the new rules require businesses to determine whether their customers are businesses themselves (B2B) or ‘consumers’ (B2C) – if its the latter, sellers are required to apply VAT at the consumer’s local rate of VAT…. yes, you read that right: businesses that are exporting their electronic services (e.g. software as as service (SaaS), apps, plugins, downloads, ebooks etc) are required to identify the status of each customer and then apply local rate VAT to the sale if it is to a non-business customer (B2C).

Now it would be too much to expect businesses to register for local VAT in each country so the UK – and other EU territories – are offering a Mini One Stop Shop (MOSS for short) whereby you can register with HMRC and file (yet) another VAT return for MOSS on a quarterly basis and HMRC will distribute the cash to the relevant territories.

What about small businesses that are not registered for VAT because they fall under the VAT threshold? There was a minor climb down by the UK Government in allowing such companies to side-step paying VAT on UK sales but this is only a half way house. Don’t forget, it is not just EU companies that are impacted by these new rules – here is the view of a US digital services provider who is having to change his business model following the advent of these new VAT rules.

Before we get mired in the admin burden of VAT MOSS, we need to know whether or not our customers are in fact businesses? Identification and evidence of their VAT registration number (or local equivalent) is the primary determinant (to give seller’s ‘certainty’) although the rules afford some flexibility – at the seller’s risk – if the customer can prove in other ways that they are a business. There are penalties that can be levied by the local countries and can be applied over a 10 year period….

Even if you establish that they are consumers (B2C), the fun doesn’t stop there as you need to know which country’s local VAT rate to apply – what if the customer is using a mobile device when they purchase whilst on their travels…?

Some think that we are making too much fuss over the #VATMESS and think that more could be made of the carve-out for ‘human intervention’ but this surely loses scalability and requires potentially uncommercial changes in business practices which cannot be a good thing.

There are some emerging technologies to help companies address these changes, however, many companies will have to view this as part of a wider process to ensure they are correctly identifying existing as well as new customers.

Are you still with me….? If so, well done.

If you wish to dive deeper, these resources should help:

Rachel Andrew provides an excellent summary of the horrible implications

Excellent Github summary of new VAT rules (with links to further info) started by Rachel Andrew

Enterprise Nation have championed small businesses on this issue – here is a webinar recording

EU guidance – pour yourself a large, strong coffee

HMRC interpretation

Useful HMRC flowchart

For specific VAT MOSS queries contact HMRC on their dedicated 2015 EU VAT email: vat2015.contact@hmrc.gsi.gov.uk

I don’t think we’ve heard the end of this and I expect further refinements and (hopefully) relaxations as the UK Government realises the negative impact on enterprise and export by UK smaller companies – the exact things they want to encourage…

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10 tax tips for fast growth companies seminar

Posted on February 21, 2012 by Tax Tips 0

I am looking forward to co-hosting a seminar at lunch-time today on:

10 tax tips for fast growth companies

The seminar is pitched at companies from startups through to more established companies as we walk them through the sorts of tax issues and opportunities they should consider as they seek to grow profitable companies.

We will be holding the event at Manchester Science Park (MSP) Innovation Centre in Salford and a key focus will be on cash preservation which is a key issue for growing companies – as cash is the lifeblood of every successful business.

The sorts of issues we will cover include:

  • Pros and cons for founders in funding their companies via share subscription v loan
  • How to attract business angel investors and take advantage of investment tax relief like EIS and the forthcoming Seed EIS
  • Why paying key staff salaries and bonuses is expensive and a better more cost effective all-round solution
  • How a potentially lucrative tax incentive might benefit your company and how HM Revenue & Customs (HMRC) might even pay you for the privilege of claiming it!
  • How to pay yourself tax efficiently
  • Heads up on a new tax incentive that is on the horizon and could save your company £££s in tax if you get your ducks in a row now
  • A simple way for start-ups to slash your employee wage bill
  • How VAT could actually make you some money!
  • How you could save a theoretical £1.8m if you are growing your business for sale in the near future

We will run through these points over lunch today and it would be great to see you there. The event is free. Yup, free.

Happy to run this event elsewhere or online vian a webinar if this is of interest.

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11 essential action points after starting your company

Posted on July 21, 2010 by Getting Started Startups 0

Better to be a disciplined entrepreneur from day one. Here is a checklist of 11 tips how:

  1. Get your company incorporation certificate, Memorandum & Articles of Association downloaded and on file. Plus a shareholders agreement if you have one. This will form the basis of your statutory books which you must maintain for any changes in shareholders, directors etc going forward.
  2. Complete and file Form CT41G with HM Revenue & Customs to register your company for corporation tax purposes and to get your employer payroll package ordered and registered with HMRC (or refer to point 11).
  3. Get the relevant documents (in point 1) plus your passport and a recent utility bill together ready to set up a business bank account (get used to pulling together these personal docs for routine money laundering checks for pretty much all financial services).
  4. Set up an A4 lever-arched file ready to collate all of your paper invoices received for amounts payable. Put a divider in the file to separate paid invoices (behind the divider) from the unpaid invoices (in front of the divider). Start numbering the invoices received sequentially to (ideally) match your online accounting software (see point 6).
  5. Decide whether it is right for your company to register for VAT (or refer to point 11).
  6. Choose a decent accounting package so that you can get all of your financial affairs including invoicing etc set up ready. I like Xero.
  7. Check your founder(s) shareholding allocation now e.g. if there are any shares to be allocated to key (present or known future) management / employees do it now or asap before the value in the business (and therefore shares) increases. If you delay you could store up some nasty capital gains tax, income tax and national insurance liabilities for the future…
  8. Get all your ducks in a row with regard to all industry certification and insurance requirements for your particular sector. Would be embarrassing and unprofessional to get this wrong.
  9. Think now about protecting your crown jewels. Is there any intellectual property, trademarks or patents that need filing, protecting or transferring before you launch your BIG idea or go head-to-head with the competition?
  10. Go get yourself a natty logo, stationery and website. Remember to include your company name, address, registered company number and VAT (if applicable) on your documentation. Get business cards too. Register your Twitter account. Start a blog. Tell the world.
  11. Get yourself a supportive accountant and tax adviser who understands your niche :)

Photo credit

Emergency Budget 2010: What it means for fast growth technology businesses

Posted on June 22, 2010 by Tax N2K 1

There was mixed news for fast growth technology and digital businesses in today’s Emergency Budget. Headlines were as follows:

Corporation tax rates will be cut from 21% to 20% for small companies ie those with taxable profits up to £300,000, with effect from 1 April 2011. Large companies will benefit from tax rate cuts from 28% to 27% in 2011 and a 1% decrease each year to 24% in 2015. A hugely competitive rate.

Capital gains tax for entrepreneurs was actually enhanced with the 10% effective CGT rate preserved under Entrepreneurs’ Relief and the lifetime allowance increased from £2m to £5m. It was disappointing that more was not done to extend the benefits of Entrepreneurs Relief to employees holding share options, many of whom will be taking a career risk sticking with fledgling startups (rather than taking ‘safer’ jobs) so they deserve to be rewarded like the founder shareholders.

New start ups in the north west will benefit from a national insurance contributions holiday for the first year of trading for the first ten employees. The scheme will run for 3 years and could save businesses up to £50,000. It will kick off in September this year but businesses started in the interim may qualify.

Capital allowances will be reduced to fund the above corporation tax rate with the Annual Investment Allowance for investment in say computer equipment and office furniture reduced from £100,000 to £25,000 from April 2012. There are further reductions for investment in fixed assets so businesses should seek to accelerate planned capital spend before April 2012 when the changes take effect.

VAT increases from 17.5% to 20% from 4 January 2011 should have minimal effect on most B2B businesses as the increased VAT rates should wash through in most cases. B2C businesses will be hit next year although a 20% VAT rate remains competitive globally.

R&D tax credits will be preserved which is great news and a review will take place in line with the Dyson review which may enhance the relief. Disappointingly the planned video gaming relief will be withdrawn – why this is the case is baffling to me as the video games industry is one in which we already have a competitive advantage and the likes of Canada already have such tax breaks.

A Regional Growth fund along with pressure on banks to lend to SMEs should assist in ensuring that businesses have much needed access to funding.

Overall, the Emergency Budget was positive for businesses with a clear plan for growth and stability over the next 5 years.

What’s your view?

Emergency Budget Wishes 2010

Posted on June 17, 2010 by Tax N2K 1

Letter to George Osborne MP regarding my wishes for next Tuesday’s Emergency Budget Speech:

Dear Mr Osborne MP,

Emergency Budget 2010

I appreciate that you have an extremely difficult job next Tuesday 22 June 2010 in delivering a Budget Report that seeks not only to balance the books over the longer term but to also avoid derailing any possible chance of an economic recovery in the UK in the short to medium term. No mean feat!

I ask that you place support for Enterprise and Business at the centre of your plans. In my view, this represents the only fighting chance we have of preserving jobs – so that people can keep on saving and spending – whilst generating profits and economic growth to keep the till ringing at the Exchequer with tax receipts for years to come (and so pay down our monstrous public deficit).

Central to this approach must be a “sleeves rolled-up” desire to discard with red-tape, bureaucracy and other hurdles to businesses getting on “with doing business” aligned with a clear vision and road-map of the UK as a great place to do business. This must be a long term plan backed with long term measures. No short term chopping and changing – we’ve had enough of this of late – as businesses want “certainty” so that they can plan for the future with the confidence that the rug will not be pulled out from under their feet anytime soon. (As an advisor, I agree that this would be nice too).

You have already set out in your coalition agreement that you will increase the rate of capital gains tax for individuals, however, I ask that you stick to your pledge to retain more attractive rates for investment in business assets and avoid implementing any cumbersome taper relief measures that cause wide-spread head-scratching. Keep it simple. In a similar vein, I ask that you withdraw the hideously complex restrictions on tax relief on pension contributions made by higher earners so that people can save for their retirement without having to navigate this minefield.

You have also expressed a wish to simplify corporation tax to make the UK one of the most competitive tax systems in the world. I wholeheartedly agree with this lofty goal but ask that you refrain from withdrawing tax incentives that have helped influence longer term business planning in a positive way such as R&D tax credits, enhanced capital allowances and the forthcoming patent income and gaming relief tax breaks. The UK’s highly successful entrepreneur and inventor, James Dyson, has called for the R&D tax credit to be retained and enhanced – although I question whether the relief should be aimed solely toward particular high tech sectors as Dyson suggests. Further, a recent report by NESTA points to recent findings that the fastest growing 6% of businesses generated 1/2 of the jobs created in the UK between 2002 – 2008 – what these companies had in common was a disproportionate tendency to be innovative. We have the expertise to build innovative intellectual property rich businesses that become key exporters bringing cash into our country and you should seize this opportunity by demonstrating commitment via targeted tax incentives such as those noted above.

Capital allowances should continue to be used as a lever to encourage ‘greener’ investment and I would also like to see the Government implement tax-advantaged status for specific business parks or zones to encourage inward and internal investment in businesses spread across the UK. The increasing prominence and differential of London as a business centre compared to the rest of the UK regions needs recalibrating and such measures could help. This could also lead to much needed job opportunities in areas of high unemployment – particularly where painful planned public sector jobs cuts are implemented.

Given the substantial revenue raising potential of an increase in VAT rates, I can understand why this is likely to be a target for change. Most B2B businesses would suffer minimally from such an increase as they would pass on the cost in most cases, however, please be mindful of the pain likely to be suffered by UK retailers and customers alike. I would also ask that any planned phased increases take account of the administrative and labour costs of changing prices for each uplift and its timing (e.g. not over the Christmas busy season like your predecessors implemented please), if such an approach is ultimately planned.

Other matters I would like to see addressed include: no drastic cuts to the HMRC Time to Pay Arrangement which so many businesses have been relying on to spread their tax bills whilst the banks have been less willing to lend; a withdrawal of the planned 1% increase in Employer’s National Insurance contributions and some practical, workable solutions for married / civil couples to split their personal income tax allowances.

The above is just a handful of the sorts of changes I would like to see but my overall plea is that a long-term business friendly strategy is adopted that opens the door for new business start-ups, increased overseas inward investment and a supportive tax and business regime that gives every promising UK business a chance to flourish.

Please let me know if you have any questions.

Best wishes and good luck for next Tuesday.

Yours sincerely

Steve Livingston

Have I missed anything?