2006 - March
Many new companies incur significant amounts of input VAT on start-up costs before they make any taxable supplies. Do you really have to wait to get your cash back from the VATman?
A colleague says he increases productivity and promotes initiatives by rewarding his staff with gift vouchers. What’s the full story here? Is there really a tax saving to be had?
To get the cash to pay care home fees, a relative plans to sell their home. There would be no Capital Gains Tax to pay because of the main residence exemption. But, what about protection from Inheritance Tax?
If your business suffers a robbery or other theft of cash/goods, will the Taxman give a deduction for any loss suffered? What do you need to do to make the best of this unfortunate situation?
Mobile phone packages that include “free calls” isn’t a problem for the Taxman. However, the VATman is a bit more pedantic. What can be done?
If you put in an optimistic application for a flat-rate expenses dispensation, and the officer responsible blindly accepts it, is it safe to rely on their generosity? What does the latest case say?
Year-end returns - learning from others’ mistakes
The task of completing employer end-of-year returns (P35 and P14) for 2005/6 isn’t that far away. What steps can you take to avoid the Taxman rejecting your return this time around?
You’ve heard that a company can be faced with a tax bill for having its directors’ tax returns done free of charge by the company’s advisors. Can this happen and, if so, what can you do to avoid it?
Avoiding an enquiry from the Taxman
You’ve been a company director for years. You’ve never had any problems, and then out of the blue the Taxman writes to tell you he’s making enquiries into your personal affairs. Do you need to worry?
An employee’s just returned from two weeks’ sick leave and handed in her resignation. Her letter says that her illness was caused by her working conditions. In light of new procedures how should you respond?
As the director of a successful, growing company, you’re looking for funding for expansion. The company’s too small to attract the interest of a venture capitalist, so where else can you go?
More employers are required to file their P35 online this year. Is your company one of them? If not, is this something you should be considering anyway?
Special precautions for young workers
Employing staff under the age of 18 requires special precautions to be taken to comply with the law. So why not use our young worker’s policy and risk assessment to help you keep them safe and on the right side of the law?
You are always responsible for every accident that involves your staff. Is this really the case, or is it a popular myth created by claims management companies trying to stimulate business?
The Control of Noise at Work Regulations 2005 will be enforceable from April 6. With only a few days left, where should you focus your attention to avoid possible enforcement action?
The HSE are now promoting the benefits of involving staff in all aspects of health and safety. Is this really such a good idea and if not, why not?
Liability to third party employees
At some point, you’re likely to have employees of contractors carrying out work on your premises. If one of them has an accident, could you be liable? Following recent case law, what steps can you take to avoid such liability?
You have feral pigeons roosting on your premises and you occasionally come across a dead bird. With all the media talk about avian flu you want to know if you should report such incidents and what the hygiene implications are.
You’re looking to employ a new member of staff but the ideal candidate speaks very limited English. What’s your legal position and what extra precautions will you need to put in place to ensure their safety?
It’s so easy to slip up when dealing with a disciplinary issue at work. In this article we’ve taken a back-to-basics approach covering the very essentials to help ensure you come out on top. What’s to learn?
There’s been a theft in your workplace. Now you’re in something of a quandary as there are several suspects. If you sack them all some will be innocent but you can’t quite pin the blame on one person. What’s your position?
Apprentice contracts - modern or traditional?
You’ll know that apprentices enjoy significant additional rights compared with other employees, particularly on termination of employment. But does this protection extend to so-called Modern Apprentices?
If opposite sex workers received different pay, you used to be able to justify the differences. However, a new case has changed this. What’s to know?
A subscriber’s business has to make redundancies. When they were necessary in the past, they always offered employees enhanced payments. Are they contractually obliged to pay extra this time too?
As you know, you’re under a legal duty to monitor working time. But if you don’t, are you more likely to lose a stress-related claim involving working “excessive” hours? What does a new Court of Appeal case say?
To be eligible for most employment rights, a person has to work for you. But did you know that someone who simply applies for a job can claim discrimination if you reject them? So, what can you do to minimise the risk?
If your property is classed as a business asset for the purposes of Capital Gains Tax you’re entitled to a discount of 75% on the gain you make. However, any non-business use will eat into this tax saving. Is there any way to sidestep this?
You have a shareholding which you acquired in more than one chunk. However, you’ve now decided to sell part of it. Here’s a way to minimise any Capital Gains Tax on this part-disposal.
Don’t get technical with me, inspector!
If the Taxman discovers a purely technical mistake in your return, can he charge you a penalty? Is it up to you to prove him wrong or can you tell him to put up or shut up?
As the Corporation Tax year-end approaches, is there anything you should be doing in the next couple of months to make use of the 0% band before it disappears forever?
How long should you keep the clutter?
It’s vitally important to have tax records if the Taxman enquires into your return or “suggests” you owe more tax than you have paid. However, do you need to keep this clutter forever and a day?
The VAT treatment of compensation for loss or inconvenience may seem like an esoteric subject, but it could be closer to home than you think. How can you take advantage of the VAT rules in this area?
The Taxman is currently upgrading his PAYE online filing software. Will you be ready to use it for your 2005/6 return from April 6?
A female director is pregnant and wants to take a minimum of six months off when she gives birth. Is there a legitimate way to influence the amount of Statutory Maternity Pay (SMP) she receives?
You’ve heard that you can reduce your company’s telephone bill significantly by making calls using your broadband connection. Is this really something worth considering for your company?
One of your co-directors has suggested taking on a commercial agent who won’t acquire any legal protection and be cheap to get rid of. Is he correct?
Naturally, you want to prevent competitors from using your material, brand etc. Is it necessary to add the copyright symbol to ensure you have protection? And if so, does it have to be registered anywhere?
From time to time your company pays to feed your staff whilst at work or on work-related activities. The Taxman views this as a taxable benefit for them. How can you beat him?
The importance of rehabilitation
Getting the long-term sick back to work is going to be a key government objective over the coming months. But what’s in it for your company? Are there any advantages in looking at rehabilitation now? If so, how do you go about it?
If you believed all the headlines, you’d think we were in the grip of a claims epidemic - employees claiming for every little bump and sprain. What’s the reality and what can you do to reduce your (personal) exposure to risk?
A mechanic has just been jailed for a practical joke which went horribly wrong. The prank showed that the individual was completely unaware of the risks associated with a chemical. How can you prevent a similar incident in your workplace?
A risk assessment has identified the need for fall-arrest equipment for your staff that work at height. You’ve been told that they need to be checked for signs of damage and wear. How often does this need to be done and who should do it?
You’ve been looking for a new piece of equipment for your workshop and are thinking about buying second-hand. Who is responsible for making sure it’s safe to use? If it needs modifications can you get the supplier to make them?
You have a mobile phone radio frequency mast on your roof. You need to do some maintenance near it and are concerned about any potential health and safety issues. What are they, and what precautions are necessary?
According to a national newspaper you can’t use a ladder to change a light bulb. Is there any truth in this report and if so, how might it affect you?
Noise is in the news, you’ve dealt with the major issues but now you’ve heard that office background noise could also be a problem. Is this really a health and safety issue, and if so, what steps can you take to manage it?
You’ve been working in a loft space where bats have been roosting. You’ve been told that bats can be dangerous to your health. Are they, and if so how can you protect yourself from the risks of working near them?
Providing a reference has become something of a risky business. Several high profile cases have made it clear that you really must take care in what you say or write. So how can you play it safe?
Of course you know that if you unfairly dismiss an employee you’ll have to pay the price - compensation will be awarded against you. But is this all you’ll have to worry about? Are there any hidden costs too?
If you’re confused about the status of bank holidays in relation to entitlement to time off, extra pay, or their effect on different types of employee, you’re not alone. What’s the legal situation and what should you introduce?
Protecting your business interests
In an increasingly competitive business environment, you’ve decided to extend the use of restrictive covenants to protect your interests. What terms should you include to protect yourself during an individual’s employment with you?
Getting to grips with lazy workers
According to new research, small business owners are so concerned about being sued, they won’t tackle those throwing “sickies”. What’s the latest news?
You’ve decided to represent your business before the employment tribunal. How should you go about this exercise in order to do justice to your case? What tips are there for a reluctant advocate?
An employee’s just pleaded guilty to a criminal offence and is due to be sentenced shortly. A newspaper report mentioned you as his employer and the fact he’d been cautioned for the same offence before. How should you respond?
In a recently decided case, the VATman was rapped on the knuckles for trying to “unjustly enrich” himself over a taxpayer’s mistake. How can you use this decision to maximum effect?
Sorry, it’s strictly business Mr Taxman
The trend for requesting private information during an enquiry into a business continues unabated. If the Taxman sets you a deadline for handing over private records how should you respond?
There’s recently been a substantial increase in workload and you need to take on someone else to help. But if they’re only going to be there for a short time, do you have to make them an employee?
Expense claims without receipts
Dispensations from the Taxman are often marketed as a way to claim expenses without the need for any receipts. Is this true? If so, how could you make best use of them?
One of your employees has just put in an expense claim for a memory stick. Will reimbursing them for this hardware cause a problem with the Taxman?
Your business needs a new van and the company will need to borrow substantially to fund the purchase. However, with the changes announced in December 2005 you’ll need some up-to-date advice. Which is?
When the letters and ads arrive encouraging you to invest in an ISA before the end of the tax year, what should you do? Isn’t there a more attractive alternative for your £3,000 in 2005/6?
As a company director, you always want to portray the right image and this calls for a new suit. If you pay for it out of your own money, it’s quite a hit. Would it be cheaper if the company bought it for you?
Research shows that more than 50% of discarded hard drives still contain information that criminals can use to fake identities. So what can you do about it?
The company’s thinking about taking on a new lease. However, the board’s worried about getting fleeced by a landlord when it comes to repairs. What steps can the company take, if any, to minimise this happening?
Personally liable for compensation?
If there are problems at work, it’s the company that pays any award of compensation to a disgruntled employee. However, in a recent case the director was found jointly liable. What’s to learn from this development?
Intrastat - just another form?
You’ve just received a letter from the VATman stating that on top of the VAT return, the company should be completing a monthly Intrastat form. What is this and do you really have to comply?
Appropriate Personal Protective Equipment (PPE) should be provided to workers when there’s no other way of reducing the risk to their health and safety. But is providing it alone enough to avoid your liability as a director?