HMRC Tax Investigations: Everything you need to know

In an ever-changing tax landscape, small to mid-sized businesses in the UK face increasing scrutiny from HM Revenue and Customs (HMRC). With a rise in investigations and the adoption of advanced technologies like artificial intelligence, understanding the intricacies of HMRC’s approach is more crucial than ever.

This article aims to demystify the process of tax investigations, offering insights into the types of investigations, recent trends, and how businesses can best prepare for this daunting experience.

Brief overview of HMRC tax investigations

HMRC tax Investigations on the riseHM Revenue and Customs (HMRC) is the UK’s tax authority responsible for collecting taxes, administering benefits, and enforcing compliance. Tax investigations by HMRC are formal procedures where the tax authority examines the financial records of individuals and businesses to ensure that the correct amount of tax is being paid. These investigations can range from simple checks to more complex and in-depth inquiries.

Importance for small to mid-sized UK businesses

For small to mid-sized businesses in the UK, an HMRC tax investigation can be a daunting experience. The process can be time-consuming, stressful, and potentially costly if discrepancies are found. Given the recent rise in the number of investigations, particularly targeting smaller enterprises, it’s crucial for business owners to understand what an HMRC investigation entails and how to prepare for one.

Types of HMRC investigations and recent trends

Understanding the landscape of HMRC investigations is crucial for businesses of all sizes. While larger corporations may be more familiar with Code of Practice 8 (COP8) and Code of Practice 9 (COP9) investigations, small to mid-sized businesses often face different types of scrutiny.

Aspect and full enquiries

Small businesses are commonly subject to either “Aspect” or “Full” enquiries. Aspect enquiries are more focused, often zeroing in on specific elements of a tax return, such as particular expenses or tax reliefs claimed. Full enquiries, on the other hand, are comprehensive and may involve a complete review of the tax return and the business records supporting it.

Compliance checks

Another form of investigation that small businesses should be aware of is “compliance checks.” These are not as intensive as full enquiries but are designed to ensure that your tax affairs are in order. These checks can be random or triggered by specific risk factors identified by HMRC.

COP8 & COP9 statistics for 2022-2023

HMRC’s Fraud Investigation Service (FIS) has been actively using Codes of Practice 8 and 9 to investigate tax compliance and fraud. The data for the financial year 2022 to 2023 provides valuable insights into the scale and focus of these investigations.

COP8 Investigations

  • Total on Hand: 1,121
  • Opened in Year: 674
  • Closed: 545
  • Interest (£m): 7.9
  • Penalties (£m): 6.4
  • Total Yield (£m): 72.4

COP9 Investigations

  • Total on Hand: 2,181
  • Opened in Year: 417
  • Closed: 661
  • Interest (£m): 8.1
  • Penalties (£m): 14.8
  • Total Yield (£m): 89.2

Implications for small to mid-sized businesses

The data shows a significant number of COP8 and COP9 investigations are ongoing, with hundreds opened and closed within the last financial year. The yield collected from these closed cases amounts to £72.4 million for COP8 and £89.2 million for COP9, including interest and penalties. This underscores the importance for businesses to be vigilant in their tax affairs, as HMRC is actively using these codes to investigate and reclaim lost tax revenue.

While the focus of COP8 and COP9 investigations is often on larger corporations or high-net-worth individuals, the increase in staffing and reclaimed amounts suggests that HMRC is becoming more aggressive in its efforts across the board. Small businesses contribute an estimated £13.4 billion to the tax gap, making them a likely target for increased scrutiny.

By understanding the types of investigations and being aware of the latest trends, small to mid-sized businesses can better prepare for the possibility of HMRC scrutiny.

AI use in tax investigations on the rise

The rise in HMRC investigations

Over the past couple of years, HMRC has been ramping up its efforts to ensure tax compliance, especially among small to mid-sized businesses. Recent statistics indicate a significant uptick in the number of investigations. For instance, HMRC’s investigations into individuals and small businesses raised a staggering £5.7 billion in the fiscal year 2021/22, marking a 54% increase from the previous year. This isn’t just a random occurrence; it’s part of a broader trend that’s been gaining momentum.

What’s behind the surge?

The government has been increasingly focused on closing the tax gap—the difference between the amount of tax that should be paid and what is actually collected. Small businesses and freelancers have found themselves under the microscope more than ever, with a 21% rise in investigations targeting this demographic. It’s clear that HMRC is casting a wider net, and no one is immune.

What triggers an investigation?

Understanding what might trigger an investigation can help you steer clear of unwanted attention from HMRC. Common triggers include significant fluctuations in income, inconsistencies between different tax returns, and late or incomplete submissions.

Preventive measures: What to watch out for

If you’re a small business owner, there are specific areas you should pay close attention to in order to minimise the risk of an investigation. Accurate record-keeping is your first line of defence. Make sure all transactions are documented and that you’re declaring all forms of income. Employing the services of a reputable accounting firm can also go a long way in ensuring that your tax affairs are in order.

HMRC InvestigationThe investigation process

When HMRC decides to investigate a business, it’s not a process to be taken lightly. The investigation can be initiated in various ways, such as random selection, specific triggers, or even a tip-off. Once you’re on HMRC’s radar, the process unfolds in several stages, starting with an initial letter of inquiry. This is followed by a request for specific financial documents, which could range from bank statements to invoices and payroll records.

The depth of the investigation can vary. Some are relatively straightforward, requiring only basic documentation to verify the tax returns. Others can be more invasive, involving interviews and a thorough examination of your business operations. It’s a process that can last anywhere from a few months to several years, depending on the complexity and the level of cooperation from the business being investigated.

The key takeaway here is that an HMRC investigation is a serious matter that requires immediate attention and thorough preparation. Ignoring or delaying your response to HMRC’s inquiries can lead to penalties and further complications.

Data utilised by HMRC

In today’s digital age, HMRC has access to an unprecedented amount of data to aid in their investigations. They utilise around 55 billion items of data from various sources, including banks, property records, and even social media. This data-driven approach allows them to create a comprehensive profile of taxpayers, making it increasingly difficult to hide any discrepancies.

What’s more, HMRC employs advanced data analytics and artificial intelligence to sift through this massive amount of information. These technologies enable them to spot inconsistencies or anomalies that might warrant a closer look. For instance, if your lifestyle appears to be more lavish than what your declared income would suggest, that could raise a red flag.

For businesses, this means that the bar for meticulous record-keeping has been raised even higher. It’s not just about keeping your books in order; it’s about ensuring that all your financial activities are consistent across the board. This level of scrutiny may seem overwhelming, but it underscores the importance of having a robust accounting system in place.

Penalties and consequences

If you find yourself at the receiving end of an HMRC investigation and discrepancies are discovered, the consequences can be severe. Financial penalties are the most immediate concern. These can range from a percentage of the unpaid tax for minor errors, all the way up to 100% of the tax owed for serious cases of fraud or evasion.

But the repercussions don’t stop at financial penalties. A prolonged investigation can take a toll on your business operations. The time and resources spent on gathering records, attending interviews, and seeking legal advice can be disruptive. In extreme cases, criminal charges could be brought against the business owners, leading to potential imprisonment.

It’s not just about the here and now, either. An HMRC investigation can have long-lasting effects on your business reputation. Clients and suppliers may become wary of engaging with a business that has been under investigation, which can have a domino effect on your future dealings and growth prospects.

The gravity of these potential outcomes makes it imperative for businesses to take HMRC investigations seriously. It’s not just a matter of paying what you owe; it’s about protecting the integrity and longevity of your business.

How to prepare and respond

Being the subject of an HMRC investigation can be a nerve-wracking experience, but preparation and a proactive approach can make all the difference. The first step is to ensure that your financial records are in impeccable order. This includes not just your tax returns, but also invoices, bank statements, payroll records, and any other financial documents that could be scrutinised.

tax interviewIf you receive that dreaded letter from HMRC, don’t panic. The worst thing you can do is ignore it. Respond promptly and consult with an accounting firm experienced in handling tax investigations. They can guide you through the process, helping you understand what documents you’ll need to provide and what questions you might have to answer.

Legal advice is also invaluable. Tax law is complex, and the stakes are high. A legal advisor can help you navigate the intricacies of the law and ensure that you’re taking the right steps to resolve the investigation as smoothly as possible.

Lastly, communication is key. Keep an open line with HMRC throughout the investigation. This not only helps in resolving issues more quickly but also shows that you’re committed to compliance, which could work in your favour.

New initiatives by HMRC

HMRC is continually evolving its methods and strategies for tax collection and compliance. One of the latest initiatives is the increased use of data analytics and artificial intelligence to identify potential cases for investigation. This means that HMRC is not just relying on traditional triggers but is also using predictive algorithms to identify high-risk taxpayers.

Another noteworthy development is the focus on sectors that are traditionally cash-heavy, such as hospitality and construction. HMRC is increasing audits in these sectors, aiming to clamp down on undeclared income and tax evasion.

Additionally, HMRC has been collaborating more closely with international tax authorities. With the advent of the Common Reporting Standard (CRS), information sharing between countries has become more streamlined, making it harder for businesses to hide income or assets abroad.

These initiatives indicate a more proactive and technologically advanced approach by HMRC, which has implications for how businesses should prepare for potential investigations. It’s a clear sign that HMRC is upping its game, and businesses need to do the same to stay ahead of the curve.

Final thoughts

Navigating the complexities of an HMRC tax investigation can be a daunting task, especially for small to mid-sized businesses. The rise in investigations, coupled with HMRC’s increasingly sophisticated methods, makes it more important than ever to be proactive in managing your tax affairs. From understanding what triggers an investigation to keeping meticulous records and seeking expert advice, preparation is your best defence.

But it’s not just about avoiding penalties or navigating an investigation smoothly. It’s about safeguarding the integrity and future of your business. With HMRC’s new initiatives and technological advancements, the landscape of tax compliance is changing rapidly. Staying informed and prepared is not just a good business practice; it’s a necessity in today’s ever-evolving regulatory environment.

So, if you haven’t already, now is the time to consult with an accounting firm like TaxAgility that specialises in tax investigations to ensure that your business is compliant and prepared for any scrutiny that may come your way. After all, it’s better to be safe than sorry.

The Role of AI in Financial Forecasting

In the business realm, financial forecasting has always been the compass guiding business owners through the unpredictable sea of market dynamics. While traditional forecasting relied heavily on past data and human intuition, today’s forecasting methods have started incorporating a player that’s changing the game entirely – Artificial Intelligence (AI).

In this article we are going to explore how, with the advent of game changing AI, this paradigm is rapidly changing.

How AI is Revolutionising Financial Forecasting

AI in small business accountingIn an age where data is the new gold, AI has become the miner, extracting invaluable insights from vast mountains of information. The sheer volume of data available to businesses today is overwhelming. Yet, AI can sift through this data at incredible speeds, identifying patterns that would have been almost impossible to discern with human eyes alone.

Take the stock market, for instance. Factors from global politics to local weather can influence its ebb and flow. AI analyses not just stock prices but news articles, social media sentiments, and more to predict stock movements.

Moreover, AI’s predictive power doesn’t just stop at recognizing patterns. It’s like having a financial crystal ball; it can spot potential anomalies or disruptions in the market, giving businesses a heads-up before a potential downturn.

Data-Driven Decisions

data driven small business decisionsIn the world of finance, the mantra has always been “data is king.” However, the sheer volume of data generated today can be a double-edged sword. While it offers a treasure trove of insights, it also poses the challenge of deciphering this vast sea of numbers.

This is where AI shines. Modern AI algorithms, especially those employing deep learning, have the capacity to analyse vast datasets—ranging from market indices and sales data to consumer behaviours and even sentiments expressed on social media. Let’s consider a hypothetical medium-sized tech company. By incorporating AI, this company could assess not only their sales figures but also customer reviews, feedback from tech forums, and discussions from recent industry conferences. AI combines these diverse data points to generate a comprehensive view of their market standing, offering insights on areas of improvement and potential innovation.

Predictive Power

Humans are inherently pattern-seeking creatures. We’ve relied on this ability for millennia, from tracking animal movements for hunting to observing star patterns for navigation. But today’s financial markets are incredibly complex, influenced by countless variables, many of which are interconnected in ways that are not immediately obvious.

AI’s predictive power comes from its ability to recognize patterns, trends, and anomalies at a scale and complexity that surpass human capabilities. For instance, an AI model might flag a potential market downturn by analysing a combination of factors such as a sudden dip in manufacturing data in one country, a political turmoil in another, and perhaps even trending topics on Twitter. These patterns could be easily overlooked by human analysts, either due to the subtlety of the signals or the overwhelming amount of noise in the data. Yet, for AI, these patterns emerge as clear signals, allowing businesses to be proactive rather than reactive.

Speed and Efficiency

Time is of the essence in financial forecasting. The faster insights can be generated, the quicker decisions can be made. Traditional data analysis methods, while effective to a point, can be painstakingly slow, often requiring days or even weeks to produce actionable results.

AI operates on a different time scale. With powerful computational capabilities and optimised algorithms, AI can churn through decades of financial data in mere minutes. This speed doesn’t just mean faster results—it means fresher insights. A retailer, for example, could use AI to analyse the day’s sales data across all their stores worldwide and adjust their strategies for the next day, ensuring they’re always one step ahead of market fluctuations.

Furthermore, as AI systems become more efficient, they can run these massive calculations using less energy and computational power, making them both cost-effective and environmentally friendly.

The Synergy of Accountants and AI

Accountants, with their meticulous nature and analytical prowess, when armed with AI, become financial superheroes. Imagine an accountant, previously reliant on spreadsheets and graphs, now having the ability to provide businesses with accurate forecasts that consider global economic shifts, industry trends, and even consumer sentiment.

For instance, an accountant working for a retail business can use AI to analyse customer reviews, social media chatter, and sales data to anticipate which products might become hits in the upcoming season. This isn’t just number crunching – it’s strategic foresight.

And the beauty of AI is its ability to learn continuously. Every financial quarter provides new data, and with each dataset, the AI becomes smarter, making future predictions even more accurate.

Enhanced Accuracy

One of the mainstays of the accounting world has always been precision. Even a minor error in financial records can cascade into significant miscalculations, potentially affecting decisions at the highest level of an organisation.

Enter AI. With its data processing capabilities, it ensures that vast datasets are scrutinised without any oversight. An accountant, no matter how diligent, can be prone to fatigue or human error, especially when sifting through massive amounts of data. By employing AI in tasks like data entry, transaction validation, or anomaly detection, the margin of error is drastically reduced.

But it’s not just about minimizing errors. AI also assists in precision forecasting. For instance, if an accountant wants to forecast the next quarter’s revenue for a company, AI can incorporate real-time data streams, like current sales, social media sentiment, and even external factors such as economic indicators, to refine the prediction. This means forecasts that previously relied solely on historical data and trend extrapolation now have a multitude of dynamic variables, resulting in a more accurate prediction.

Strategic Insights

Historically, accountants have been the custodians of a company’s financial health. But in an AI-augmented landscape, their role is evolving. They are becoming strategic advisors.

While AI handles the heavy lifting of data processing, it also surfaces patterns and insights that might not be apparent at a glance. For instance, an AI system could alert an accountant to the fact that every time there’s a surge in positive social media mentions, there’s a corresponding uptick in sales two weeks later. The accountant can then advise the marketing team to amplify positive engagements, potentially driving more sales.
This transition means accountants are not just reporting numbers; they are interpreting them, providing actionable business advice. In essence, AI allows accountants to weave a story from the data, offering insights on everything from product performance and customer preferences to potential market expansions.

Continuous Learning

One of the most remarkable aspects of AI is its ability to learn and adapt. Unlike traditional software that maintains a static function unless manually updated, AI systems, especially those using machine learning, evolve with each dataset they encounter.

For accountants, this means the predictions and insights offered by AI become sharper over time. Let’s say an AI system made a forecast about holiday sales that was slightly off mark. Given the right feedback mechanisms, the AI can analyse where it went wrong and adjust its algorithms. The next holiday season, it’ll consider these past mistakes, refining its predictions.

Moreover, as accountants interact with AI tools, the systems can also learn their preferences, priorities, and even the unique financial nuances of the industry they’re operating in. Over time, this results in a tailored AI assistant that’s uniquely optimised to support its human counterpart.

Technological Solutions for the Modern Accountant

As accountants move towards this AI-augmented future, there’s a plethora of tools awaiting them. Software like Kount and Darktrace use AI to prevent financial fraud by detecting anomalous transactions in real-time. On the forecasting front, platforms like IBM’s Watson offer predictive financial insights based on massive datasets.

But it’s not just about having powerful tools; it’s also about integration. Many of these AI-driven financial solutions can be seamlessly integrated with existing accounting software, ensuring that businesses don’t have to reinvent their financial wheel but can simply upgrade it.

AI-Driven Financial Software

The UK market has been at the forefront of fintech innovation. Here are some tailored solutions that have gained traction, especially in the cloud accounting world:

Xero: Although it has a global presence, Xero has a significant foothold in the UK. Its AI capabilities streamline tasks such as VAT returns, especially given the specifics of the UK tax system.

FreeAgent: UK-based and designed specifically for freelancers, small business owners, and their accountants, FreeAgent employs AI for tasks like automatic bank transaction categorization, making tax time less daunting.

Fluidly: Positioned as an “intelligent cashflow” tool, this UK start-up uses AI to predict future cash flows, helping businesses maintain a healthy financial stance.

Predictive Analytics Tools

UK-specific tools have been pivotal in helping businesses navigate the unique financial landscape:

Sage Business Cloud Accounting: A household name in the UK, Sage has incorporated AI-driven predictive analytics into its suite, assisting businesses in future-proofing their finances.

AccessPay: Based in Manchester, AccessPay uses AI to offer insights on cash flow forecasting and treasury management, catering specifically to the nuances of UK businesses.

DataRobot: While it’s a global entity, its solutions are tailored for various markets, including the UK. It offers a platform that automates the process of building accurate predictive models, a valuable tool for forward-thinking accountants.

Integration with Existing Systems

integrating AI in small businessesAdopting new technology in the UK needs to consider existing systems and regulations:

Open Banking Initiatives: The UK’s open banking system allows secure data sharing between financial institutions. Many AI tools capitalise on this, integrating seamlessly with bank data to offer real-time insights.

API-First Approach: Most modern UK-based financial software solutions, such as FreeAgent or AccessPay, provide robust APIs. This ensures not only integration with other business tools but also compliance with UK-specific financial regulations and standards.

GDPR Considerations: AI tools designed for the UK market prioritise GDPR compliance. When integrating new systems, data privacy and protection are paramount, and these tools are tailored to ensure adherence to these regulations.

Preparing for the AI-Driven Financial Future

As we stand on the cusp of this AI revolution, businesses must be prepared. This isn’t just about buying the latest software but about cultivating a culture of continuous learning. As AI evolves, the tools and insights it offers will too.

Accountants, traditionally seen as number guardians, will now play a pivotal role as strategic advisors, guiding businesses through the intricate dance of market dynamics with AI as their partner.

The March of Progress

The finance sector, like so many others, is in the throes of an AI revolution. In the future, the question won’t be whether a company uses AI in its financial operations but how well it does so. The UK, with its robust fintech scene, is poised at the forefront of this change. So, how can UK businesses stay not just relevant but ahead in this evolving landscape?

Adopt Early, Adapt Continuously

Businesses that stand to gain the most from AI are not necessarily the earliest adopters but the most adaptable ones. The AI landscape is dynamic, with newer algorithms and tools emerging regularly. By staying abreast of these changes and being willing to evolve their practices, businesses can harness the full potential of AI.

Invest in Training

An AI tool is only as potent as the hands wielding it. It’s imperative for businesses to invest in training their staff, not just at the onset of implementing an AI tool but continually. Many UK-based AI solutions offer comprehensive training modules, webinars, and even one-on-one sessions. Leveraging these resources can make the difference between a successful AI integration and a wasted investment.

Collaborate with Experts

Sometimes, in-house training might not suffice, especially with the rapid advancements in AI tech. Here, businesses can benefit from collaborations. This might mean hiring AI specialists, partnering with AI-focused firms, or even short-term collaborations with industry experts to understand and harness the latest in AI.

Data is King, Quality is Queen

At the heart of AI’s power is data. But sheer volume isn’t enough. The quality of data fed into AI systems dictates the accuracy of insights derived. Regular audits, ensuring data integrity, and understanding the sources of data are critical. Especially in the UK, with its strict data protection regulations, businesses need to be doubly cautious about the data they harness.

Prepare for a Cultural Shift

Integrating AI is not just a technical shift; it’s a cultural one. A business might face resistance from staff wary of AI or from stakeholders uncertain about its ROI. Addressing these concerns, fostering an environment of learning, and emphasising AI as a tool — not a replacement — can smoothen this transition.

The Continuous Journey of Learning and Adapting

The AI landscape is ever-evolving. But therein lies its beauty. It’s not a one-off solution but a continuous journey. The businesses that will truly thrive in an AI-centric financial future are those that see it not as a destination but a journey. A journey of constant learning, adapting, and evolving.

The Future of Financial Forecasting with AI

Small business AI Accounting the new futureIn wrapping up, it’s evident that AI isn’t just a fancy tool; it’s set to redefine the very fabric of financial forecasting. As businesses, big and small, navigate the complex waters of the global market, AI stands as a beacon, illuminating the path ahead. And in this journey, accountants aren’t just passive passengers but the captains, steering the ship towards uncharted but promising territories.

Charting the New Frontier

The transformative role of AI in financial forecasting is not just an emerging trend; it’s the new reality. We stand at the crossroads of a paradigm shift, where traditional financial processes merge with the cutting-edge capabilities of AI, ushering in a future brimming with potential.

From Numbers to Nuances

While numbers have always been the bedrock of financial forecasting, AI introduces a layer of depth. It’s not just about crunching numbers faster; it’s about extracting insights, predicting trends, and identifying anomalies that might escape even the most astute human eye. By processing vast amounts of data in real-time, AI tools empower businesses to anticipate market movements, adapt strategies, and make data-driven decisions with unprecedented accuracy.

Accountants: The Navigators of this Brave New World

In this AI-driven landscape, accountants play an even more crucial role. They’re not just number crunchers but interpreters, strategists, and, most importantly, guides. By harnessing AI’s capabilities, accountants can elevate their value proposition. They move from merely presenting financial data to offering strategic insights, from historical analysis to predictive forecasting, and from reactive problem-solving to proactive strategy formulation.

Harnessing the AI Wave

It’s clear that AI’s wave is transformative, but like any powerful tool, its true potential is unlocked when wielded with expertise. This is where accountants shine. Their unique combination of financial acumen and AI tool mastery positions them to offer unparalleled value to businesses. By embracing AI, accountants can guide businesses through the complexities of today’s financial landscape, ensuring they’re not just surviving but thriving.

A Shared Journey into the Future

As we gaze into the horizon, one thing is evident: the journey of financial forecasting is a shared one. AI tools provide the horsepower, but it’s the human touch, the expertise of accountants, that steers the direction. Together, they’re set to redefine the future of financial forecasting, creating a landscape where precision, foresight, and strategy converge.

Making the switch easy

After being with the same Accountants for over 30 years it was always going to be tricky finding the right one. I needn’t have worried, Donovan and his team made the switch painless and their expertise and great value Accountancy services since have been fantastic.

Day-to-day Liaison

The team at Tax Agility provides support, knowledge, professional advice, and more importantly – customer friendly services.  Our requirements are understood and met throughout the day to day liaison.  We could not be more satisfied with their professionalism.

Modern & personal approach

If in doubt they will sort it out! They have a modern and personal approach, so much so that they feel like an extension of our company.

Expertise, accurate & reliable

I have been working with Donovan’s team for a few years for my company and for one of my large clients. Since the beginning, I have always been very satisfied with the level of their services.

Their expertise in financial management is accurate and reliable; the team has always been available when I needed them; finally, they have brought clarity in the day to day administration of my client’s accounts.

Tax Agility is a company that I am happy to recommend among my entrepreneur’s connections and friends.

Access to business acumen

Tax Agility in Putney has been instrumental in the financial management of our business through a period of exceptional growth. With the implementation of financial applications, the management of our tax affairs, and having access to their business acumen, it has removed the administrative burden from the operation and provided peace of mind, allowing us to concentrate on what we do best. It is much appreciated and valued. The service is awesome and we feel very well looked after!

Saved us of money

I cannot recommend Donovan and his team highly enough. Not only are they a fantastic team of friendly accountants – they have also saved our company a huge amount of money with their advice.

Friendly and easy to deal with

I went to Tax Agility feeling overwhelmed by all the taxes associated with a limited company; in a short space of time, Donovan and his team were able to clarify most of my concerns & queries and to put my mind at rest. They are extremely knowledgeable, friendly and easy to deal with, not only did they provide me with sound, expert Accountancy advice they also offered me the business support I need during Consultpedia’s growth. The fees are reasonable, clear and fair – there are no nasty surprises. I strongly recommend Tax Agility to anyone who is looking for an Accountant; I only wish I had contacted them before.

Late payments: A serious problem for small businesses

Late payments are a serious problem for small businesses in the UK. Given the many issues faced by small businesses in the current economic climate, delayed payments and chasing payments can seem like pushing a huge boulder uphill each month.

The problem with late payments for small businesses
The average time it takes for small businesses in the UK to get paid is 64 days, which is 20 days longer than the Prompt Payment Code target of 30 days. This can have a significant impact on small businesses, leading to cash flow problems, increased costs, and even bankruptcy.

The government is taking a number of steps to help small businesses with late payments. These include reforming the Prompt Payment Code, introducing a statutory minimum payment period, and making it easier for small businesses to take legal action. However, there is still more that needs to be done.

In this article, we will discuss the problem of late payments for small businesses in the UK. We will explore the impact of late payments, the government’s response, and what small businesses can do to protect themselves.

So how big is the problem of late payments to small businesses?

The FSB’s latest survey found that the average outstanding amount due to late payments for small businesses in the UK is £8,500. This is an increase of 12% from the previous survey in 2021.

The average outstanding amount can vary depending on the industry. For example, the average outstanding amount for businesses in the construction industry is £12,000, while the average outstanding amount for businesses in the professional services industry is £6,000.

The cost of late payments can be even higher for businesses that are in the early stages of growth. This is because they are more likely to be cash-strapped and less able to afford to wait for late payments.

The FSB is calling on the government to take action to address the problem of late payments. The FSB is also calling on businesses to sign up to the Prompt Payment Code, a voluntary code of conduct that sets a target of paying 95% of invoices within 30 days.

Late payments hurt some businesses more than others

The cost of late payments can be even higher for businesses that are in the early stages of growth. This is because they are more likely to be cash-strapped and less able to afford to wait for late payments.

Late payments can have a significant impact on small businesses. They can lead to cash flow problems, increased costs, and even bankruptcy. For example, if a small business does not receive payment for a product or service it has delivered, it may not be able to pay its own bills. This can lead to a spiral of debt and ultimately bankruptcy.

There are a number of factors that can contribute to late payments. In some cases, it is simply a matter of poor cash flow management on the part of the customer. However, in other cases, late payments may be a deliberate attempt by the customer to avoid paying what they owe.

Whatever the reason, late payments are a serious problem for small businesses. They can have a devastating impact on a business’s ability to operate.

What can small businesses do to protect themselves?

There are a number of things that small businesses can do to protect themselves from the impact of late payments. These include:

  • Setting clear payment terms.
    When you agree to provide a product or service to a customer, make sure that you set clear payment terms. This should include the due date for payment and the consequences of late payment.
  • Using a payment processing system.
    A payment processing system can help you to track payments and send reminders to customers who are late.
  • Being proactive in chasing payments.
    If a payment is late, do not be afraid to contact the customer and ask for an update.
  • Joining a trade association.
    Trade associations can provide support and advice to small businesses on late payments.

Tips on collecting payments

If a customer does not pay their bill on time, you may need to take steps to collect the payment. Here are some tips on how to collect payments:

  • Send a reminder. The first step is to send a reminder to the customer. This should be a polite reminder that the payment is due. You can send the reminder by email, mail, or phone.
  • Follow up. If the customer does not pay after the reminder, you should follow up. This could involve sending another reminder, calling the customer, or sending them a letter.
  • Be polite and professional. Even if the customer is not paying their bill, it is important to be polite and professional. This will help to maintain a good relationship with the customer, even if they do not pay.
  • Be persistent. Do not give up if the customer does not pay their bill the first time. Keep following up and taking steps to collect the payment.
    Know your legal rights. It is important to know your legal rights before you take legal action. This will help you to protect your interests and ensure that you are not taken advantage of.
  • Take legal action. If the customer still does not pay, you may need to take legal action. This could involve sending them a letter before action, issuing a County Court Judgment (CCJ), or taking them to court.

What steps are small businesses entitled to take?

Small businesses are entitled to take legal action if a customer does not pay their bill. However, there are some restrictions on what they can do. For example, they cannot charge interest on late payments unless the customer has agreed to this in writing.

The amount of money that a small business can recover from a customer who does not pay their bill is limited to the amount of the invoice plus any interest that has been agreed to. In addition, the small business may be able to recover their legal costs.

Your rights and what you need to know about charging interest on late payments

In the UK, the law on charging interest on late payments is governed by the Late Payment of Commercial Debts (Interest) Act 1998. This Act allows businesses to charge interest on late payments if the customer has agreed to this in writing. The rate of interest that can be charged is the statutory rate of interest, which is currently 8% plus the Bank of England base rate.

The statutory rate of interest is reviewed every six months and can change. It is important to check the current rate of interest before you charge interest to a customer.

If a customer has not agreed to pay interest on late payments, you cannot charge them interest. However, you may be able to recover your legal costs if you take legal action to collect the debt.

Here are some additional things to keep in mind about charging interest on late payments:

  • You must have a written agreement with the customer. The agreement must be in writing and it must specify the rate of interest that will be charged.
  • The interest must be reasonable. The interest rate must be reasonable and it must not be excessive.
  • The interest must be applied correctly. The interest must be applied correctly and it must be calculated correctly.

If you are unsure about the law on charging interest on late payments, you should seek legal advice.

What can the government do to help small businesses late payments?

The government can also play a role in helping to tackle the problem of late payments. This includes:

  • Introducing a statutory minimum payment period. This would set a minimum time period within which businesses must pay their invoices.
  • Making it easier for small businesses to take legal action against late payers. This would give small businesses more power to recover the money they are owed.
  • Providing financial support to small businesses that are affected by late payments. This could include loans or grants to help businesses cover their costs.
  • Reforming the Prompt Payment Code. The government is currently reforming the Prompt Payment Code, a voluntary code of conduct for businesses that sets a target of paying 95% of invoices within 30 days. The reforms aim to make the code more effective and to increase the number of businesses that sign up to it.
  • Introducing a statutory minimum payment period. The government is considering introducing a statutory minimum payment period, which would set a minimum time period within which businesses must pay their invoices. This would help to protect small businesses from late payments and would give them more certainty about when they will be paid.
  • Making it easier for small businesses to take legal action. The government is also considering making it easier for small businesses to take legal action against businesses that do not pay their invoices on time. This would help to ensure that small businesses can recover the money that they are owed.
  • The government is also working with businesses to raise awareness of the problem of late payments and to encourage businesses to pay their invoices on time.

Additionally, the following legislation is presently being considered:

  • The Late Payment of Commercial Debts (Amendment) Bill. This bill would reform the Late Payment of Commercial Debts (Interest) Act 1998, which sets out the rules on charging interest on late payments. The bill would make it easier for businesses to charge interest on late payments and would increase the amount of interest that can be charged.
  • The Small Business Payment Practices Bill. This bill would introduce a statutory minimum payment period for businesses that do not pay their invoices on time. The bill would also make it easier for small businesses to take legal action against businesses that do not pay their invoices on time.

What is the Prompt Payment Code?

The Prompt Payment Code is a voluntary code of conduct for businesses that sets a target of paying 95% of invoices within 30 days. The code was established in 2008 by the Office of the Small Business Commissioner (OSBC) on behalf of the Department for Business, Energy & Industrial Strategy (BEIS).

The Prompt Payment Code is designed to help small businesses by ensuring that they are paid on time. The code sets out a number of principles that businesses should follow, including:

  • Paying invoices within 30 days.
  • Giving clear guidance to suppliers on terms, dispute resolution, and prompt notification of late payment.
  • Encouraging other businesses to adopt the Prompt Payment Code.

Businesses that sign up to the Prompt Payment Code are required to publish a statement on their website that they are a signatory to the code. They are also required to report their performance against the code to the OSBC each year.

The Prompt Payment Code is not legally binding, but businesses that do not comply with the code may be subject to reputational damage. The OSBC also has the power to issue warnings and guidance to businesses that do not comply with the code.

The Prompt Payment Code is a valuable tool for small businesses. By signing up to the code, businesses can demonstrate their commitment to paying their suppliers on time. This can help to improve relationships with suppliers and can help to protect businesses from the financial problems that can be caused by late payments.

Here are some of the benefits of signing up to the Prompt Payment Code:

  • Improved relationships with suppliers.
  • Reduced risk of late payments.
  • Increased customer satisfaction.
  • Improved reputation.

Reforming the Prompt Payment Code

The Prompt Payment Code is currently undergoing a reform process. The reforms aim to make the code more effective and to increase the number of businesses that sign up to it.
The reforms include:

  • Strengthening the code’s enforcement mechanisms.
  • Making it easier for small businesses to take legal action against businesses that do not pay their invoices on time.
  • Requiring businesses to report their performance against the code more frequently.

The reforms are currently being consulted on, and it is expected that they will be implemented in 2023.

The Prompt Payment Code is a valuable tool for small businesses, and the reforms are designed to make it even more effective. By signing up to the code, businesses can demonstrate their commitment to paying their suppliers on time and can help to protect themselves from the financial problems that can be caused by late payments.

Here are some of the benefits of the reformed Prompt Payment Code:

  • Stronger enforcement mechanisms. This will make it more likely that businesses that do not comply with the code will be held accountable.
  • Easier for small businesses to take legal action. This will give small businesses more options if they are not paid on time.
  • More frequent reporting. This will help to ensure that businesses are meeting the code’s requirements.

If you are a small business, we encourage you to consider signing up to the Prompt Payment Code. It is a simple way to help protect your business from the impact of late payments.

Final thoughts

Late payments are a serious problem for small businesses in the UK. They can have a devastating impact on a business’s ability to operate. There are a number of things that small businesses can do to protect themselves from the impact of late payments. However, the government also needs to play a role in tackling this problem. By introducing a statutory minimum payment period, making it easier for small businesses to take legal action, and providing financial support, the government can help to protect small businesses from the impact of late payments.

In addition to the above, here are some other things that small businesses can do to protect themselves from late payments:

  • Do your research and due diligence on potential customers. Before you agree to provide a product or service to a customer, make sure that you do your due diligence and check their credit rating. This will help you to identify customers who are more likely to pay late.
  • Use a credit card or payment processor that offers late payment protection. This will help to protect you from financial loss if a customer does not pay their bill.
  • Be aware of your legal rights. If a customer does not pay their bill, you may be able to take legal action against them. However, it is important to be aware of your legal rights before you do this.

By taking these steps, you can help to protect your business from the impact of late payments.