Author Archives: Peter Rogol

Government still persists in encouraging people to save for their retirement through pension schemes. It is still pressing ahead with auto-enrolment for employees, albeit the timetable may be slipping. But with gilt yields through the floor and life expectancy continuing to improve, does the logic stack up?
Annuity rates fell over 9% between June ’09 and December ’12. Getting 4% on a Single Life policy is an achievement, getting it on joint lives a pipe dream. In another few years, the situation is likely to get worse rather than better. So what’s the underlying logic supporting the concept that saving into a pension fund makes sense?

Ignoring growth within the fund and the ravages of inflation, we have the following maths:

Assume the amount being saved is 100. The cost to a basic rate tax payer is 80, a higher rate payer, 60, and a top-rate payer, 50.

Under present legislation, 25 can be withdrawn as a tax-free lump sum. So the net cost of the remaining 75 in the fund is 55 to a basic rate tax payer, 35 to a higher rate payer, and just 25 to a top-rate payer.

Now assume that by the time the pension is taken, annuity rates have slipped to 3% on single lives, 2.5% on joint. That’s around 25% less than at present, which at present rate of loss (9% in 2.5 years) could be less than 10 years away.

The 75 left in the fund would produce, pre-tax, 1.875. On current basic rate tax, it’s worth just 1.5. So the basic rate tax payer might need to live over 36 years in retirement to recoup the net cost of his pension contributions. A higher rate tax payer wouldn’t need to live so long to reap a positive reward from his savings – 23 years if he was a basic rate payer in retirement, whilst for a top rate tax payer going down to basic rate, the reward kicks in after 16 years.

The figures are worse if basic rate rises. And they’ll be much worse still if the entitlement to draw a tax-free lump sum is removed.

But the anomaly here is that the wealthier you are, all other things being equal, the greater your life expectancy. So the people least likely to live long in retirement are those to whom the net cost of creating their pension pot is greatest. Expressing this the other way round, those least able to build their fund are those most likely not to get its value in their own lifetime.

Government will argue that auto-enrolment has built into it an employer contribution, so employees start not with 100, but perhaps 200. And government will also argue that with age-related personal allowances, you need a reasonable-size pension pot to generate an income that, combined with the OAP, would actually take you into a tax-paying situation. But the first argument doesn’t stand up to scrutiny, because the employer contribution will simply come off the total the employer’s prepared to pay for that employee, and the second depends on future governments not playing around with tax allowances – which government hasn’t?

Government promotes pension provision for one reason only – to ensure the taxpayer of tomorrow isn’t burdened with the cost of supporting those who haven’t made adequate provision for their old age. But when it transpires that those cajoled into saving via pensions would have been better off by far saving outside the pension regime, there’ll be hell to pay. Will the Financial Ombudsman be prepared to fine the UK Government for this particular miss-selling scandal? I doubt it.

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The information in this article was correct at the date it was first published.

However it is of a generic nature and cannot constitute advice. Specific advice should be sought before any action taken.

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We’ve known for some time that in future employers will be obliged to provide a contributory pension scheme for employees, and that rather than opting in, employees will only be able to opt out.

We’ve known that the timetable for implementation of this scheme depends on the number of employees on the payroll, that very large employers are caught from next October, large ones from 2013, medium-sized from 2014, and all employers by 2016.

We’ve known that over time, the minimum employer contribution increases from its 1% introductory level to 4%.

What we really haven’t known is the devil of the detail.  Just how “automatic” is the auto in auto-enrolment? Are all employees caught? What kind of pension scheme should be used? Does the employer actually need to do anything?

The first and last questions are related, and unsurprisingly, the answers are “not very” and “yes” – and allied to the “yes”, there are some pretty draconian penalties for the employer who doesn’t fulfill his obligations.

A blog isn’t the place to list all the problems the employers going to face, but here are a few tasters:

  • being a small employer doesn’t guarantee you’re not caught until 2016 – some will be caught as early as March 2014.
  • employers will need to advise employees about automatic enrolment, the effective date, scheme contact details, and contribution levels, how tax relief will work, the employees’ opt-out rights, what happens if they opt out but choose to opt back in – all before the obligatory start date
  • not all employees must be auto-enrolled, just those between the age of 22 and the state pension age – but all employees must be notified of the scheme, as those not compulsorily opted-in have the right to do so voluntarily
  • employers mustn’t counsel employees to opt out – that’ll result in heavy penalties – even when it’s obvious opting in isn’t in the employee’s interest (think low-paid workers whose pension entitlement will be enhanced by pension credits to bring it up to a de minimis level – their pension contributions will simply reduce the degree of enhancement, so they’ll have paid something for nothing)
  • employees can only opt out once they’ve been enrolled – so they will inevitably pay at least one contribution which may be refundable

Then there’s the scheme itself.  The easy answer, especially for employers with no existing pension scheme, will be to use NEST , but it won’t suit everyone. If there’s an existing scheme, it may be possible to use it – but there may well be problems that result in the existing scheme being maintained for some employees whilst NEST is used for others.

Obviously the employer needs to consider the financial implications of a compulsory scheme – but it’s not just the cost of the employer’s contribution. Can the business payroll system handle the contributions? Do the staff operating it actually know sufficient to run it? Is the HR function (if it exists) able to absorb the extra workload?

If you’re an employer reading this and blanching at the thought, have a look at auto-enrolment  – and then get some specialist advice!

ps – there’s a suggestion floating around that due to current economic woes, the timetable for implementation may be extended. We can but hope.

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The information in this article was correct at the date it was first published.

However it is of a generic nature and cannot constitute advice. Specific advice should be sought before any action taken.

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Doubtless anyone reading this will have heard about this Act, some will have read commentaries on it, others may have gone on courses or spoken to their lawyers or accountants about it.

For those that haven’t gone beyond stage 1, perhaps these comments might whet your appetite.

I first saw real-life reference to the Act some weeks back when looking at a questionnaire issued to vendors of a small business by solicitors acting for potential purchasers (for whom we also act). The section devoted to The Bribery Act comprised 17 core questions, the second asking for details of compliance procedures the vendor had put in place. I admit I laughed – there was no way on earth the vendor business would have the faintest idea what the lawyers were on about.

I then attended an excellent course on the subject, by the end of which I had listed those of my clients who are highly likely to be exposed to it – not by anything they do or have done, but simply because of the business sectors they occupy and/or their geographical trade. The list was too long for comfort.

There’s a website that shows corruption risk by territory and by sector they’re worth a look. If you trade with nordic countries, in agriculture, IT or banking, your exposure’s likely to be low. But if you’re in mining, in Africa, well, it’s probably as bad as it gets. But Russia’s not much better, Italy’s not wonderful, and Greece is only marginally better than Albania.

So what’s the risk? In basic terms, whether directly or indirectly through agents acting on your behalf, someone, somewhere may get a back-hander to facilitate your business. It may be as simple as expediting speedy customs clearance in time-honoured fashion. Under this Act, that’s considered corrupt, and the guilty party is not just the donee, it’s the donor and the organisation for whom the donor was acting. Penalties are pretty draconian – fines or up to 10 years free board and lodging.

The rules are simple – if there’s been a bribe, there’s guilt. End of story.

There is just one mitigation – those businesses that have provable “adequate procedures” to prevent bribery will almost certainly be in the clear.

I won’t list what might qualify as “adequate procedures” – many will be case-specific. But one comment the speaker made is worth bearing in mind – “It’s not an offence to have no procedures in place. But if you haven’t got them, you won’t have a defence when you need one”.

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The information in this article was correct at the date it was first published.

However it is of a generic nature and cannot constitute advice. Specific advice should be sought before any action taken.

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In these difficult times all SME’s are rightly concentrating on cashflow. Shorten debtor days as far as possible, lengthen creditor days if you can, keep tight control over expenditure.

But lengthening creditor days by one company means lengthening the debtor days of another. All businesses are fighting for survival, but is this really cricket?

Some time back I was reviewing the Late Payment of Commercial Debts (Interest) Act 1998 and its 2002 amendments. This Act came about to address the perceived unfair treatment that the commercially powerful could inflict on the commercially weak – think superstores versus small suppliers. It offers exceptional remedies for late settlement of debts – 8% over base on late-paid (greater than 30 day) debts, plus a fixed fee per late-settled invoice of £40 for invoices up to £1,000, £70 for invoices between £1,000 and £10,000, and £100 for invoices greater than £10,000.

I ran the maths on a small sales ledger account comprising 14 sales invoices over a 21-month period, all settled well after 30 days. The statutory entitlement to interest and fees amounted to just under 4% of turnover. And as it’s a statutory entitlement, it can be claimed for up to 6 years. Now that’s what I call compensation!

But the problem I foresaw was the potential damage to goodwill of trying to enforce this. Yes, the claims can be made, but will the business have an ongoing client relationship at the end of the day? It struck me that the Act may have better application when goodwill no longer exists – ie, in a liquidation. Interestingly, I can find no example of the Act being used in any liquidation, and the liquidators to whom I’ve spoken have either been unaware of the legislation, or have never sought to apply it.

I discussed this with a lawyer acquaintance who put a different slant on it. He does use the legislation as part of a substantial debt collection service he runs, and he doesn’t believe it need damage the relationship between customer and supplier. As he put it, the relationship tends to be with the buying department, not the bought ledger department, and buyers aren’t likely to be too concerned should the bought ledger department be penalised for failing to settle debts in a timely fashion. He, too, had never come across the legislation being used in a liquidation.

He made one particular comment about terms of trade. He pointed out that where the terms of trade between the parties provides for a commercial compensation for late payment, the Courts will not apply the terms of the Act – and he said he was horrified to see so frequently the insertion in terms of trade of entitlement to interest at X% over base. He said such terms were invariably far worse than those applied by statute – you’re best off without them.

If you want to see how much your business might be entitled to, I have a model.

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The information in this article was correct at the date it was first published.

However it is of a generic nature and cannot constitute advice. Specific advice should be sought before any action taken.

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The latest bit of blue-sky thinking from HMRC is how wonderful everything would be if it ran the payrolls of all the businesses in the land. No more coding notices, P45’s, P35’s, etc etc, PAYE and NIC liabilities settled by Direct Debit – a paradise of efficient tax management.

One has to wonder, what planet are they on? This is the organisation that, when it loses data, does it in spades, runs a bureaucracy where those within it don’t know what their colleagues are doing, whose Complaints Division writes letters stating “The Online Customer Service Team is committed to providing high-quality services” but then ignores the complaint itself, whose most senior official doesn’t acknowledge failings within his department identified by all and sundry – I could go on, but you get the drift.

Anyone in business in the real world knows just how crucial it is that employees are paid the right amount at the right time. Whatever else you do in business, you don’t play fast and loose with employees’ pay. If there’s an error, it’s today’s problem, not tomorrow’s. You don’t park it on a backburner in the corner, you prioritise it right now and get it sorted.

Picture the scenario – HMRC’s National Payroll Administration system goes live online. As the employer you register for it, and await with baited breath the arrival of the Activation Code. Why an Activation Code? – because that’s the tried and tested mechanism HMRC has adopted for VAT Online Services. Seven business days pass, no Activation Code – you call the Helpline. You hang on for 10 minutes listening to the latest completely irrelevant prerecorded message you can’t escape, then the message telling you about HMRC’s wonderful Online Services accessible at www.hmrc.gov.uk, and eventually, if you’re very lucky, you get to speak to a real person – who tells you to reapply – online. Seven more days – no code. Try the Helpline again, they don’t know what the problem is, they never do – this goes on for weeks. Eventually you find out that somewhere within the bowels of bureaucracy, someone has flagged your business as a “missing trader” – this occurs if a letter addressed to your business is returned to HMRC – AND NO-ONE AT HMRC HAS NOTICED THE FLAG!!

Let’s assume you eventually do get enrolled for the service. You then upload your data – staff details, gross pay, commissions due, Student Loan deduction, AVC’s, expenses reimbursement – where do you put expenses reimbursement? It isn’t there, HMRC didn’t think your payroll may do more than just take off tax and National Insurance. So you have to change your well-established structures to accommodate the limitations within HMRC’s so-called blanket coverage.

Eventually everything gets entered, the payroll gets processed – and a queue of aggrieved employees forms outside your door. One by one they troop in, show you their e-payslips – they’re wrong, wrong, wrong! But how can you deal with it? You can’t pop down to your payroll administrator / HR person and get an answer, because the error seems to have occurred within the system – HMRC’s system, not yours. It’s back to the Helpdesk – who advise you to write to their Complaints Team – who send you a letter saying “The Online Customer Service Team is committed to providing high-quality services” but ignore your complaint ……….

Remember those paintings by Hieronymous Bosch? The ones that look like Bedlam? He’d have a field day with this.

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The information in this article was correct at the date it was first published.

However it is of a generic nature and cannot constitute advice. Specific advice should be sought before any action taken.

If you would like to discuss how this applies to you, we would be delighted to talk to you. Please make contact with the author on the details shown below.

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