VAT REVERSE CHARGE SHAKES UP CONSTRUCTION

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SUMMER 2019Welcome to the Summer edition of ProActivity!This issue features an in-depth analysis of VAT changes in the construction industry, as well as a useful guide forsmall businesses facing the problems of late payments (page 4). We also look at how you can ensure your businessis in the best possible shape to face the future (page 5).Following on from the success of the Foxley Kingham Anniversary Foundation we are pleased to continue oursupport for a number of local charities. This year’s Foundation theme is Youth Engagement, see page 7 for more details.And of course, we still have the usual mix of news and comment. We are delighted to announce that Phil Stevens isjoining us as Tax Director and also that Foxley Kingham will soon be moving to new offices. Please see page 6 for moreinformation.VAT REVERSECHARGE SHAKESUP CONSTRUCTIONIn response to the HMRC further guidance on VAT reverse charge on 7 June2019, Stephen Mason explains how the reverse charge mechanism will work,who is affected by the new rules, and what practical steps clients can take toensure they are compliant with the new regulations.The construction industry has anotoriously complex relationshipwith tax. The sheer number ofdifferent parties involved withany construction or developmentproject, and a historically unwieldytax framework has promptedHMRC to undertake a numberof changes. One of the mostsignificant recent developmentswill be the introduction of the VATreverse charge from October 2019.What is the reverse charge?The reverse charge is a mechanismto prevent the avoidance of VAT bysuppliers who charge and collectVAT from the recipient but fail toaccount for that VAT to HMRC. Thechange in regulations shifts theresponsibility for accounting toHMRC for VAT from the supplier tothe recipient of goods and services.In broad terms, money paid for theVAT element of invoices will nolonger flow between businesses.With each qualifying transaction,VAT will be calculated as a paperexercise and registered on theinvoice as a ‘reverse charge’. It willbe the responsibility of the end userat the top of the supply chain topay the tax.The charge will apply tobusiness-to-business supplies ofconstruction services (the sameservices that are caught by theConstruction Industry Scheme (CIS)for direct tax purposes) where therecipient is not the final consumer.When is this starting?The changes take effect for suppliesmade on or after 1 October 2019.For supplies that commence before1 October 2019, the VAT reversecharge will apply to invoices with atax point on or after 1 October 2019.What defines ‘construction’?With so many different partiesinvolved in the constructionindustry HMRC has developed adefinition of construction services.This is substantively the same asthe definition used in the contextof the CIS. Therefore, it followsthat if a supplier’s services arecaught by CIS rules, the supplierwill need to consider if it is subjectto the reverse charge. HMRC hasalso published guidance on thescope of the reverse charge. Formore info contact us or searchHMRC for VAT reverse charge forbuilding and construction services.

VAT REVERSE CHARGESHAKES UP CONSTRUCTION CONTINUEDWho is affected?The government’s original proposal was to apply thereverse charge to labour-only supplies. However,it has extended the rules to include goods suppliedalongside construction services. This extension willbring many more construction businesses within thescope of the reverse charge.There may also be some confusion over whichparts of a transaction should be subject to theVAT reverse charge regulations. For example, if atransaction includes the supply of goods and thesupply of construction services, will it be treated as asingle supply for the purposes of the reverse charge?In answer to this, we can assume that establishedcase law principles that govern single and multiplesupplies will determine whether a transaction shouldfall under the regulations. However, to complicatematters, while the VAT liability of a single supplyis determined in reference to the principal elementof the supply, the VAT reverse charge applies toa single supply, even if the construction serviceselement is only a part of the supply.Who is exempt from the charge?Certain services are excluded from the definitionof construction services and therefore do not comewithin the scope of the reverse charge: Oil, gas or mineral extraction Manufacture of building, engineering, heating,lighting, air-conditioning or drainage components. Professional services of architects, surveyors orconsultants Artistic works and signage Installation of security systems.Property developers will also fall within thisexception because developers that receiveconstruction services make a supply of an interest inthe property, rather than making further suppliesof construction services.There are other exemptions, such as where theend users of construction services are not makingan onward supply of construction services. Forexample, if a business commissions a constructionservice to build an office, or a main contractor sellsa newly completed building to a customer.Projects that involve of zero-rated supplies (e.g.the construction of new-build housing) are alsoexempt, as are transactions when the supplier andrecipient are landlord and tenant or vice versa.Normal VAT rules will apply in all exemptions.However, if any excluded services form partof a single supply that includes constructionservices, the excluded services will be treatedas construction services. It is also worth notingthat contractors that are not required to reportpayment under CIS, end users, and intermediariesdo not come within the scope of the reverse charge.These exceptions ensure that the reverse chargeonly applies to construction services supplied toother construction businesses.What are the practical implications?There are a number of measures that clientsshould adopt and be aware of to ensure that theyare compliant with the new regulations.Invoices: the supplier must show all theinformation normally required on a VAT invoice,including the amount of VAT due (although thisshould not be shown as total VAT charged) andannotate the invoice to make it clear that thereverse charge applies and that the customer isrequired to account for the VAT (see box out).Review: construction businesses should review thesupplies that they make to, and receive from, otherVAT registered contractors to establish whetherthe reverse charge applies. They should alsoconsider whether any amendments are required totheir invoicing and accounting systems. This willinvolve undertaking various checks of the VAT andCIS registration status of the recipients of supplies.Move to monthly returns: HMRC guidancealso acknowledges that the effect of thereverse charge is that some businessesmay become repayment traders (that is,their VAT return is a net claim from HMRCinstead of a net payment). Repaymenttraders may, therefore, wish to apply tomove to monthly returns.

Where now?As with all new regulations, the changes may takesome time to become the norm. Invoices will needto be restructured (see box out), and accountingsystems will have to be adapted to enable reversecharge supplies to be calculated and reported.There will also be ongoing costs involved incalculating the reverse charge, such as keeping recordsof all reverse charge supplies; checking the reversecharge is correctly applied; reporting reverse chargesupplies on VAT returns; and, crucially, obtainingevidence as to whether or not a customer is an end user.Foxley Kingham and GKP can offer our clientscomprehensive guidance and support to ensurethat they are completely compliant in dealing withthese changes. For more detail visit harge-vatconstruction-servicesCYBER CRIME HITS 2/3 OFUK SMES A YEARThe UK’s 5.4 million small businesses are collectively thevictims of more than seven million cyber attacks a year.Research by the Federation of Small Businesses showsthat although 93% of small businesses have some kind ofcyber security in place, around 66% have been a victim ofcyber crime in the last two years.Cyber breaches cost the average small business 25,700 while government stats show that the annualcost to business of cyber crime is 21bn.Who are end users?End users are those who receive building andconstruction services but do not supply thoseservices along with other building and constructionservices. Under CIS rules, they are required to reporttheir payments to HMRC because they are ‘deemedcontractors’.Payments by deemed contractors can be exceptedfrom reporting through CIS, in which case thereverse charge will not apply. It will be up to the enduser to make the supplier aware that they are an enduser and that VAT should be charged in the normalway instead of being reverse charged.This should be in a written form that is clearlyunderstood and can be retained for future reference.If the end user does not provide its supplier withconfirmation of its end user status it will still beresponsible for accounting for the reverse charge. 80M GRANT TO HELP BOOSTSMALL BUSINESS BANKINGNationwide Building Society, Investec Bank and The Cooperative Bank have been granted a total of 80m froma fund set-up to increase competition for lending to smallbusinesses in Britain.The Board of Banking Competition Remedies (BCR)allocated 50m to Nationwide, 15m to Investec and 15m to The Co-operative Bank.The BCR was set up with cash from Royal Bank ofScotland as part of a scheme requiring it to help boostcompetition in business lending – a condition of its bailoutduring the 2008 financial crisis.New look invoicesThe new regulations will change the structure andcontent of invoices. The precise wording is notprescribed in law but the amount of VAT due underthe reverse charge rules must be clearly stated butshould not be included in the amount shown as totalVAT charged.THE CURRENT TAX SYSTEMIS ‘UNFAIR’UK businesses believe that the UK tax system isfundamentally unfair and want more support to staycompliant, according to new research by the BritishChambers of Commerce.A survey of over 1,000 firms from across the UK foundthat nearly three-fifths (58%) of respondents think thatthe UK tax regime is unfair to businesses like theirs. Therewere also concerns over the quality of service providedby HMRC, with one in two (49%) firms stating that HMRCdoes not provide the support they need to be compliant.The survey also highlighted the difficulties caused bythe rise in upfront business taxes and the costs involvedin the introduction of Making Tax Digital and the changesto auto-enrolment.For example: Customer to pay output tax of X to HMRC UK customer to pay output tax of X to HMRCAlternatively, the following would also be acceptable,provided that the amount of VAT is shown elsewhereon the invoice, but not in the box for total output taxcharged: VAT Act 1994 section 55A applies Customer to account for VAT to HMRC Reverse charge supply - customer to pay the VATto HMRC3

LATE ISNOT GREATLate payments can be crippling for smallbusinesses. ProActivity looks at whypayments might be late and what youcan do when the cheque does not arrive.The late payment of bills is one ofthe biggest challenges for smallbusinesses. Overdue paymentscan affect cash flow and canseverely disrupt the day-today running of your business.In extreme cases it can evenpush businesses to the brink ofbankruptcy. So, what do you do ifa payment is late?The first step is to try tounderstand why this is the case,as this will help determine how toproceed. There can be legitimatereasons; invoices can be mislaid,or clients may be waiting onpayment themselves. A calmapproach may give you a betterchance of getting your moneyand preserving your relationshipwith a client. Therefore, if aninvoice is lost, simply replace it.Or, if the client is claiming cashflow issues, ask them to makea sizeable initial payment andarrange a time for the balance tobe paid.BE PREPAREDIdeally you should be aware ofwhen invoices are due so you canemail reminders around the duedate. All emails must be sent tothe correct person and include acopy of the invoice so the clienthas all the details at hand.If, after a period of time, aclient refuses to pay, you caninform them that you will nolonger provide your goods orservices. Of course, this onlyworks if you have an ongoingcontract. In all cases you can theninform the client that you have astatutory right to add interest tounpaid invoices of 8% over theBank of England base rate.TIP INTO DEBTYou may then have to reclassifythe late payment as a debt andtreat it accordingly. The mostpractical move is to employ aFSA registered debt recoverycompany. At this point youshould find out exactly howmuch this is going to cost andassess whether the debt is worthpursuing. If it is not, you willunfortunately have to bear thecost.There is also the possibility oflegal action. You should informthe client that you intend to takethem to court if they do not paywithin a certain period of time. Ifthis does not prompt payment,consider entering into mediation.And if this fails, your last resort islitigation. As with all legal action,it is imperative that you consult arelevantly qualified solicitor.The government is currentlyexamining the problems of latepayment, and bodies such as theFederation of Small Businessesare also working hard to lessenthe impact of this issue on allbusiness.Talk to us at Foxley Kinghamand GKP if you are havingproblems with late payments.4WHAT LATEPAYMENTS MEANSFOR BUSINESSThe Federation of SmallBusinesses (FSB) found that50,000 businesses fail eachyear because of late payments.37% of small businesses get intocash flow difficulties becauseof them, 30% have had to usean overdraft, and 20% report aslowdown in profit growth.CREDIT CHECKThe main credit referenceagencies in the UK, Callcredit,Dun & Bradstreet, Equifax andExperian can provide a businesscredit report which will provide afinancial overview of a businessand let you know whether it paysbills on time, as well as detailsof any county court judgmentsmade against it.

GETTING YOURHOUSE IN ORDERBy ensuring that all business operationsare running as smoothly as possible,organisations can focus on their coreofferings. ProActivity outlines a number ofareas that can benefit from a watchful eye.WELCOME TO OURMTD DROP-INSESSIONSBE HUMAN RESOURCEFULHR policies should be reviewed at leastonce a year to ensure that they are fit forpurpose. A broader HR audit could identifyany staff training needs and gaps in theskillset of the workforce. Consider checking on levelsof sick leave; does the level indicate a problem withany part of the business? Or do people feel supportedwhile they are sick? Also check on annual leave; iseveryone abiding by the policies? Are people takingthe appropriate amount of time off to ensure maximumefficiency?All our clients are very welcome to attend one of our freedrop-in information sessions on Making Tax Digital. Thesesessions are designed to answer any questions about thenew HMRC regulations and to let you know how we canhelp.Please note, once you have Making Tax Digital compliantsoftware in place you must register online with HMRC.Once signed up, VAT returns MUST be submitted usingMTD compliant software, as the VAT online services can nolonger be accessed.If you pay VAT by direct debit allow at least 15 workingdays before your VAT submission.WONDERFUL WEBSITESGone are the days when you could stickup a webpage with your address andbe done with it. So ask yourself, doesyour website reflect your current brandpositioning and how you wish your business to presentitself? Is it intuitive to use for a range of clients andinterested parties? How does it compare with yourcompetitors? At a basic level don’t forget to check if allthe links still work and if the contact information is upto date!STEP 1 Sign up online at www.gov.uk and search for “signup for making tax digital”. You’ll need your GovernmentGateway ID and password, company number, VAT numberand UTR.STEP 2 Ensure your gateway registration details are inputinto your MTD compliant software to enable it to submitfuture VAT returns.CALLING ALL CLIENTSKeeping clients happy is paramount in anybusiness. It is always worthwhile takingsome time to make sure that you arefostering the right kind of relationshipswith and gaining and retaining the right clients. Don’tshy away from an annual review of clients who owemoney or are consistently late settling invoices; buildingup a picture of which clients you have to constantlychase means that you can direct resources moreeffectively.Our sessions are held at Foxley Kingham (*apart from4 September which is at Rufus Centre):CHECK THE SMALL PRINTIt’s worth checking your contracts tomake sure that you are compliant withany regulatory changes. This is not onlythe case for client contracts but forany contract of employment or engagement. Policiesand internal procedures also must be up to date andaccessible for the relevant stakeholders. And checkyour insurance and liability; do you have the correctlevel, and could you get cheaper or more effectivecoverage elsewhere?514 August 201910am to 12pmXero Training14 August 20192pm to 5pmDrop in session4 September 2019*10am to 12pmXero Training23 October 201910am to 12pmXero Training23 October 20192pm to 5pmDrop in session21 November 201910am to 12pmXero Training21 November 20192pm to 5pmDrop in session6 December 201910am to 12pmXero Training6 December 20192pm to 5pmDrop in session

INSIDE FOXLEYKINGHAM ANDGKPNew Tax Director joinsFoxley Kingham and GKPWe are delighted to announce that Phil Stevens isjoining us as Tax Director.Phil is a highly experienced tax expert. His mostrecent role was as a tax director with boutiqueLondon firm Belluzzo International Partners andhis career has included time in Sterling CharteredAccountants, RFW Rutherfords and JeffcoteDonnison LLP.Phil will provide technical tax support to clientsand colleagues and will help to expand both thetax departments at Foxley Kingham and GKP.“I’m looking forward to getting to knowthe clients and my colleagues, as well as theexcitement of a new challenge. My main aim isto enhance the tax planning and advisory serviceacross the firms for all clients.”Phil is an accredited ICAEW probate practitionerand a respected mentor. He is also a keen sportsfan, but his main passion is rugby, especially hisbeloved hometown team of Gloucester.WE ARE MOVING!Foxley Kingham is moving to new offices at ButterfieldBusiness Park in Luton. The new offices will allow forfuture expansion, with more meeting rooms, break outareas, quiet zones and sufficient on-site parking.Paul Bithrey, a director at Foxley Kingham said, “Ourmove to Butterfield Business Park marks the startof the next chapter in our company’s story. We haveexperienced substantial growth over recent years,both in terms of employee numbers and clients, andneed new facilities which enable us to provide the bestworking environment for our team, so we can continueto deliver excellent customer service.”Foxley Kingham celebrated its 50th anniversary in2018, and has been based in Prospero House, RothesayRoad, Luton since 2000. The firm started in founderJohn Kingham’s home in Butterfield Green Road and ithas now grown to become a substantial business withfive directors, employing almost 50 staff and servingover 1,000 clients across Luton, Bedfordshire and thesoutheast of England.The move will take place in Autumn 2019.Aimee hitsthe heights!Foxley Kingham apprentice(accounts/ audit semi senior) AimeeDimmock has achieved the highest marks inthe Level 4 Accounting Technician Apprenticeshipscheme. The prestigious programme hasbeen developed by the Institute of CharteredAccountants in England and Wales as an entrylevel pathway into accountancy.Aimee also won the Livery Company Prizeawarded in collaboration with the CharteredAccountants’ Livery Company. This awardrecognises students who obtained the top threeplaces within the annual order of merit of a rolesimulation exam.During her apprenticeship Aimee had to sit sixexams, maintain a training file and have quarterlyprogress reviews. In addition, she was required tosubmit a portfolio and a reflective statement andsit a role simulation exam. She commented: “Beingin the workplace and getting practical experiencemakes the content easier to understand andapply.”Aimee received her awards at an internationalprize giving ceremony at the ICAEW CharteredAccountants Hall in Moorgate, London.Foxley Kingham is currently based at ProsperoHouse, 46-48 Rothesay Road, Luton, LU1 1QZ.From Autumn 2019, Foxley Kingham will move to260-270 The Village, Butterfield Business Park,Luton LU2 8DL. We will confirm details with all ofour clients.NEW WEBSITEGOES LIVEWe are delighted to announce that the new GKPwebsite is now online. The site includes details of ourfirm and has a wealth of other features such as news,expert commentary, and practical guides for yourfinances.We have information on tax deadlines, rates andallowances, and a range of interactive tools and linksto relevant HMRC regulations. The site also acts as aportal for cloud accounting clients and givesimportant details about of our services for bothindividuals and businesses.For more information, please go towww.gkp.co.uk6

COMMUNITY NEWSFoxley Kingham Anniversary Foundation: Youth EngagementThe Foxley Kingham Anniversary Foundation Trustee Board and Committee are delighted to announce our support oflocal charity partners on the theme of Youth Engagement this year. The projects run by our partner charities supporthealth, relationships, education, community awareness and cohesion. They also promote the development of life skills andconfidence and open up opportunities for young people to gain employment.Our charity partners:Luton Town FCCommunity TrustLuton Town FC CommunityTrust is the official charityof Luton Town FootballClub. The Trust supportsa wide range of initiativestackling issues surroundingboth physical and mentalhealth. The Trust engageswith a wide range of ages,including marginalised ordisadvantaged groupssuch as teenagers andyoung men who are at riskof offending, or alreadyinvolved in gangs andviolence. It has developeda number of projects thatto encourage cohesionamongst the diverse ethnicminority groups within thecommunity.YouthscapeMarsh Farm FuturesThe Lord’s TavernersYouthscape is a Lutonbased charity for youngpeople, especially thosefacing a difficult start inlife. It helps teenagers whoare dealing with anxietyand other mental healthproblems and supportsyoung people who aregetting into trouble atschool, often becauseof what’s going on athome or on the streets.The charity was foundedtwenty-five years ago bya group of local churchesand community groups,and its vision remains thesame; to help every youngperson reach their amazingpotential.Marsh Farm Futures (MFF)works to promote theregeneration in this areaof social and economicdeprivation. The charityprovides a range of free,subsidised and low-costservices for residents inand around the area fromFutures House, its purposebuilt base.Local residents areencouraged to develop theskills and confidence tobecome active decisionmakers. This helps build ahealthy and a confidentcommunity that feels safeand engaged with servicessuch as the police, the localauthority and various healthagencies.The Lord’s Taverners isthe UK’s leading youthcricket and disabilitysports charity. Its missionis to enhance the lives ofdisadvantaged and disabledyoung people throughsport and recreation, and itsupports some of the mostmarginalised and at-riskyoung people in the UK.The charity aims to give allyoung people a ‘sportingchance’ and delivers Wicketzto five hubs in Luton. Thisis the chance to interact,play, train, compete, learn,have fun and make friends.The charity improves health,social and psychologicalwellbeing, and empowersvolunteers, coaches andteachers to deliver trainingsessions.LONDON TO BRIGHTONBIKE RIDEA seven strong team from Foxley Kingham tookon the London to Brighton Bike Ride and raisedan impressive 4,151 for the Foxley KinghamAnniversary Foundation. Helen Spokes, fromFoxley Kingham said, “It was cold, wet, windy andtough, but a great event to be part of and it’s veryrewarding to be fit enough to be able to participateand help raise funds and awareness for necessarycauses.”If you would like to add to our total, please go rightonThe Foxley Kingham team are L-R Carol Bright, Willie Ellingham,Fiona Plover, Mike Dyer, Paul Bithrey, Helen Spokes andSam Brown.7

Dates for your Diary9 August 2019 10am – 12pmBusiness Buzz LutonThe Brache Beefeater, Osborne Road, Luton14 August 2019 10.30am – 11.15amGrow your Global Following using Twitter WebinarVenue TBA (Contact Bedfordshire Chamber of Commerce)15 August 2019 11.45am – 2pmBedfordshire Business Women Networking EventSporting Targets, BedfordshireFK GETS THE FAWLTY TOWERSTREATMENT22 August 2019 9.15am – 1pmACAS – Understanding Maternity, Paternityand Adoption RightsThe Barns Hotel, Cardington Road, Bedford28 August 2019 10am – 4pmEmergency First Aid at Work – 1 dayCotton End Village Hall4 September 2019 10am – 12pmBusiness Buzz BedfordAuction Room, 1 Duke Street, Bedford4 September 2019 10am – 4pmACAS – Having difficult conversationsThe Barns Hotel, Cardington Road, Bedford9 September 2019Institute of Directors Herts & Beds Mastermind GroupSt Michael’s Manor Hotel, St Albans18 September 2019 9.15am – 11amConnect Over CoffeeJoin Basil, Sybil, Polly, and of course, Manuel asdinner is served.Foxley Kingham is hosting a Fawlty Towers eveningthis autumn for clients that will let us all experiencethe hospitality of Torquay’s most infamous hotelier!This high-energy cabaret show includes a threecourse meal of comic mishaps, manic mayhem andmajor mischief. With a glorious mix of audienceinteraction, scripted scenes and a little team spirit ofcompetition we’re in for a treat. Just don’t mentionthe war Guests should please note that there is a strictly noriff raff policy!Keep an eye on our website for more details as theyare released ndationMoggerhanger Park, Bedford24 September 2019 10am – 12pmBuzzard Networking Second Annual Business FayreCOMING SOON: CHARITYQUIZ NIGHT!25 September 2019 8am – 10amBusiness Breakfast with Active LutonGet your thinking caps on and join us for a charity quiznight in aid of the Foxley Kingham Anniversary Foundationthis September. ndationInspire: Luton Sports Village, Butterfield Green Road, Luton25 September 2019 8.45am – 12pmThe Power of LinkedIn – It’s not who you know,it’s who knows youPutteridge Bury Conference Centre, Hitchin Road, Luton24 November 2019IoD Hertfordshire, Buckinghamshire & Milton Keynes:Economic Briefing with Professor Joe NellisBarclays Eagle Labs, Cranfield UniversityProspero House, 46-48 Rothesay Road,Luton, Bedfordshire LU1 1QZTel (01582) 540800 Fax (01582) 480901Email: accountants@fkca.co.uk www.fkca.co.ukDisclaimer: Please note that we cannot be held responsible in anyway for any consequence arising from the information provided in thisnewsletter. Whilst every effort is made to ensure that accuracy of thecontent of all FK publications, no decisions should be taken on the basisof information given without reference to specialist advice.Printed by Priory Press, Unit 18, Apex Business Centre,Boscombe Road, Dunstable, LU5 4SB.01582 699851 priorypress@btconnect.com5 Doolittle Yard, Froghall RoadAmpthill, Bedfordshire MK45 2NWTel (01525) 717 666 Fax (01525) 715 666info@gkp.co.uk www.gkp.co.ukMasthead image on front cover Chris HoweDesigned by Forty DesignAstral Park Sports and Community Centre, Johnson Drive,Leighton Buzzard

In response to the HMRC further guidance on VAT reverse charge on 7 June 2019, Stephen Mason explains how the reverse charge mechanism will work, . invoice as a ‘reverse charge’. It will be the responsibility of the end user at the top of the supply chain to pay

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