Business tax Archives - Emma Stevens Accountancy

Nobody relishes the idea of a HMRC inspection. Since 2010 the chances of any business being inspected by HMRC have risen, due to a pledge by the then government to recoup some of the deficit in public finances. Although larger businesses are being looked at more carefully by HMRC, small businesses aren’t escaping the scrutiny of the tax office either. Keeping accurate records is paramount if you want to avoid potential issues in the future.

What happens in a HMRC inspection?

If your business is selected for a tax inspection, HMRC will want to take away all of your business records for the past tax year and come back to ask you questions about them. Should they find that you haven’t paid some of the tax that’s due, they can fine you £100 plus make you pay any tax they believe is owed.

If you’ve just made a simple mistake, they might be lenient, but if they suspect there’s something other than an honest omission going on they could ask you for five years of business records rather than just the one year that’s usual. Most of the time they won’t find anything, and although there’s no penalty, it can cause a lot of inconvenience and worry.

Small firms are often hit hardest by the stress of an HMRC inspection. It can take a while for them to come back to you and confirm that all is OK, while asking you questions, and while you’re in limbo, it can be unsettling.

What triggers a HMRC inspection?

There is a small percentage of random checks every year, but in the vast majority of cases HMRC only triggers an inspection if they think there might be something going on.

HMRC are interested in the ratio analysis – if they notice that your figures change a lot from one year to the next. If inspectors notice any unusual fluctuations in income or expenses on your tax return, they might be a cause for concern, and this can set off what’s called an aspect enquiry where they will want to know more about why the figures have changed so much. Although this is still a worry, it’s less stressful than a full blown enquiry and if they don’t find anything or you can adequately explain the reasons for any differences, it should be fine.

One way to avoid arousing suspicion if there’s a good reason for a big change in your figures is to use the extra space on your tax return form to explain any unusual fluctuations in the businesses turnover or profit.

If you declare everything and keep your records accurately, you should theoretically have nothing to fear from HMRC, although be warned, ignorance is no defence if you’re found to have been routinely making mistakes. Ideally you should make sure that your tax returns are filed on time and in full, so that HMRC doesn’t have any cause for concern.

Keep transparent records

HMRC has the power to obtain information from third parties now, and there are even increased powers to search premises. If your business does come under scrutiny you’ll have to make sure that everything is in order. HMRC also has software it can use to analyse tax returns and compare them to the average for your sector.

Make sure that you have records of absolutely everything that relates to the business – don’t throw anything out. If you don’t keep paper copies of business bank statements, you may have to obtain them from your bank if HMRC decides to inspect you. If you are missing any important information, speak to your accountant to see if there’s anything you can do to fill any information gaps.

Honesty is the best policy

If you know there is an issue with your tax return, it’s best to tell HMRC straight away, explaining why things went wrong or weren’t recorded properly. If you try to cover up glaring omissions or errors, the chances are HMRC will find them anyway and when they do, you’ll face stiffer penalties or even a criminal investigation.

The top three ways to make sure that your business is inspection ready (and avoid being inspected wherever possible) are:

Make sure you always submit your returns on time
Make your tax returns accurate and complete – ask an accountant for help if you need to
Explain any changes from one year to the next on your return. Significant changes in your turnover or gross profits will make HMRC wonder what’s going on, especially if drawings taken from the business or the remuneration paid don’t look right.

If you need help keeping your business records organised contact Emma Stevens at Emma Stevens Accountancy.

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It’s a big step, taking on your first employee. If you’ve only ever worked for yourself in the past, or even been employed by other people, the rules and regulations surrounding PAYE, NIC and other important aspects of employment law may be new to you, so make sure that you know exactly what you need to do.

The basics

As an employer, you’ll be responsible for calculating and deducting PAYE and National Insurance contributions from your employees, and making sure it’s paid to HMRC on time. You’ll also have to pay any statutory payments like Statutory Sick Pay and Maternity Pay.

You need to ensure you keep accurate records of all payments you make. These can be requested at any time by HMRC for inspection.

Registering with HMRC

The first thing to do if you’re taking on staff is to register as an employer with HMRC. If you have already registered yourself and/or your business for self-assessment, PAYE, corporation tax or VAT you should already have a government gateway account, so registration should be fairly easy. The HMRC website has a Business Tax Dashboard which is handy for bringing together all the information from the services you use online, and you can nominate someone else to handle it for you if you prefer, whether it’s a business partner, accountant or financial adviser. All you need to do is inform HMRC of your chosen person.

You register with HMRC for PAYE up to four weeks before you have to pay your new staff members.

You do not need to register with HMRC if you pay your new staff member under £112 a week provided your new employee does not have a second job, receive any benefits or have a pension income. You still need to keep accurate payroll records and you will need to register with HMRC as soon as you pay your employee more than £112 a week even if it is a one off.

Setting up a payroll

It’s your responsibility as a new employer to set up a payroll. You’ll need software that is compatible with HMRC if you’re running the payroll for your company yourself, so that you can send the information across in real time, every time an employee is paid.

There is free payroll software available from HMRC for businesses employing fewer than nine people, or you can use commercial software. You might prefer to hand everything over to a specialist payroll bureau or an accountant if that’s easier. As long as someone is giving the correct information to HMRC, it’s fine, but as the employer, it’s legally your responsibility to make sure the information is sent, whichever method you choose.

You’ll also have to decide how much you intend to pay employees – and make sure it’s at least the current National Minimum Wage.

Employed or self-employed?

Before you take someone on, check whether the new employee will actually count as ‘employed.’ Some people, such as freelance contractors, are responsible for their own tax and National Insurance so you don’t need to include them in any PAYE calculations.

There’s a useful interactive employment status indicator on the HMRC website.

Checking up on your employees

It’s important to make sure that your intended employee(s) are legally entitled to work in the UK, and if the position they are applying for is one the requires a Disclosure Barring Service (DBS) Check, formerly known as a CRB check, make sure this is done before he or she is formally employed.

Get Insured

All employers need to have employers’ liability insurance before they can become an employer. If you already have professional indemnity or third party liability insurance check with your insurer to see if you are covered.

Paying HMRC

You are legally responsible for making all the correct deductions from your employees pay and paying them to HMRC on time. There are monthly deadlines for paying deductions, as well as Student Loan repayments or tax that has been deducted from payments you’ve made to subcontractors.

Need help with your payroll responsibilities?

Emma Stevens Accountancy offer a payroll service to customers. You can check our rates here.

Is my business ready for a HMRC inspection?