Smart data: New data-protection rules will create major challenges and opportunities for business

There is less than one year before the biggest change to data-protection law in 20 years.

Europe’s General Data Protection Regulation (GDPR) will give citizens greater control over their personal data (name, address) and “sensitive data” (their political opinions, ethnicity) held by organisations.

The law, which will apply to all UK businesses from May 25 2018 and be unaffected by Brexit, will have tougher fines for organisations that break data rules and give individuals greater control over the data organisations keep.

Businesses could be fined up to €20m or 4% of their global turnover if their they break GDPR rules.

“The new data fines could potentially put businesses out of business,” says Darron Gibbard, chief technical security officer at Qualys, which makes information and compliance software for small business.

Most employers in the UK, including accounting firms, will be affected by the new law, which highlights the importance of good cyber security.

How can accountants help their businesses and their clients prepare for the new data-protection rules?

GDPR aims to “give control of personal data back to citizens and residents”, says Andrew Rogoyski, vice president of cyber security services at CGI, a large IT security consultancy, who ran a workshop on cyber security at AAT’s annual conference.

The new data rules will also:

  • Introduce the “right to be forgotten” (people can ask for their personal data to be deleted)
  • Expand the definition of personal data to include any data that can be used to identify an individual, such as IP addresses or biometric data
  • For the first time, businesses will have a statutory duty to report serious data breaches to the regulator. In some cases, businesses will need to inform individuals if their personal data has been hacked or lost.

Under the new rules, companies can also be fined if data they have outsourced to their supplier is lost or hacked into.

These changes will have a major effect on accountants who process personal information including national Insurance numbers and bank and tax details, which may be used to identify an individual, says Rogoyski who previously worked for the Cabinet Office’s Office of Cyber Security and Information Assurance.

Accountants must be able to identify the types of data and information that is held across their business and acknowledge the relative importance of the data and how it’s used.

Businesses must understand where information is held, how it is processed and what controls are applied − including the use of third-party systems and services such as cloud computing, Rogoyski says.

Data audit

Preparations for the GDPR will depend on the size of your business, how much personal data it has and what type.

Experts advise starting by reviewing all your data − any personal information held on paper records or electronically; customer details, suppliers, legal contracts and HR records.

Then scan documents and put them in a PDF format. A document management system can help you organise the information.

This data audit may take a minimum of six months for a small organisation or years for a big organisation, says Gibbard.

Next, work out what your most important data is and where it is, then check it’s secure.

Accountants should work with legal and regulatory/compliance teams to prepare for GDPR, experts say. Smaller businesses or accounting firms may lack these experts in-house, so may need to use contractors or suppliers.

Cyber security

It personal data is lost or hacked, an organisation will need to show the information watchdog that it had done everything possible to keep its data secure – for example, information security software and training staff about data protection.

The GDPR will also require companies to report some types of unauthorised leaks or hacks of data to the regulatory authorities within 72 hours. “This will mark a significant change in the status quo,” Rogoyski says. “We believe only a small minority of cyber breaches in Europe are currently revealed to the public.”

Getting ready for GDPR is a team effort. Accounting firms and accountants in business should work with IT professionals to review their organisation’s IT security (technology such as firewalls and anti-virus software), map where personal data is, and prioritise securing the most confidential types of data.

Next, check that staff in your business have been trained in data security and cyber security. What will you do if your IT security is breached? Do you have an “incident response” plan including how to pinpoint the problem, minimise the damage and inform the authorities if necessary?

Secure your supply chain

Don’t forget about third parties, including your clients (are they keeping their data secure?) and your suppliers.

As more financial data is kept online in the cloud, often in a server outside the European Union, you need to know if your software supplier complies with data regulations and has strong IT security technology and procedures (for example, ISO/IEC 27000, a widely recognised international standard for keeping information secure).

The new data-protection rules are tougher on IT suppliers. For example, an IT supplier must hand back or delete personal data held on behalf of their business customer after their contract finishes, says Anthony Lee, partner at DMH Stallard, a law firm.

Outsourcing data protection to a supplier won’t get businesses off the hook. They can still be fined if their suppliers break data-protection rules.

Lee, who advises businesses on data protection and cyber security, says that companies may want to insert a clause in their contract with their supplier giving them the right to make inspections of their supplier to check that it’s complying with new data-protection rules.

Accountants can make compliance smoother by using their analytical skills and business knowledge to audit financial data and supply chains and liaise with legal, IT and compliance experts within their business and clients.

On the plus side, organising and securing data in preparation for GDPR may help businesses better understand customers and reduce the likelihood of data breaches.

5 ways to prepare for the automation of the finance industry

The role of accountancy and finance is set to change dramatically over the next decade.

So what can today’s accountants and bookkeepers do to help prepare?

If you believed some of the headlines in recent years, you might think that the role of the number-crunching accountant was set to be entirely taken over by robots and automation software. The Future of Accountancy report from FreeAgent reported that 96% of accountants believe their work will be partly or completely automated by 2022.

Almost two thirds (62%) of the 500 finance professionals surveyed also said they did not think they would be performing the same tasks they do today in the next five years.

So how can accountancy professionals and bookkeepers help prepare for the changes to the financial landscape in the years ahead? We spoke to two experts to find out.

Relax

First off, don’t fret, says Vikki Bean, education manager at Xero: “Accountants and bookkeepers can be more valuable than they have ever been, especially considering the unease that Brexit has caused in the last 12 months,” she notes. Finance professionals do, however, need to develop their capabilities, and build their service offering accordingly.

“According to our State of Accounts report which we launched last year, almost half of accountants (48%) recommend that accountancy graduates should focus on business management in order to prepare for a career beyond 2025,” says Bean. “More than a quarter also recommend they study management consultancy (27%) and computer science (25%) – a fascinating insight into the way accountants see the industry evolving.”

Bean says that, ultimately, there will always be a need for accountants and bookkeepers. “Business owners still value the service provided by accountants as they continue to adapt to new and upcoming issues, such as the impending HMRC digital tax laws and auto enrolment,” she notes.

Move with the times

That said, finance professionals do need to factor in the changing relationship between accountants, bookkeepers and their clients, and move with the times. “We’ll be seeing more of how automation plays a role in the relationship between the accountant and the owner, and how they continue to work together alongside emerging technologies,” says Bean. “A key example is data entry and real time data visibility which is paving the way for a new breed of financial advisors – financial data analysts.” Finance professionals need to keep on top of the changes and upskill accordingly.

 Go digital

Today’s accountants also need to embrace emerging cloud technology, as it will enable them to predict when a small business is likely to hit a cash-flow problem, sometimes months in advance.

“With the emergence of the financial web, the ecosystem that is being created by financial platforms such as accounting software, accountants will be able to connect the small business owner to sources of capital and get that finance the same day,” Bean explains.

When it comes to managing expenses, where previously an accountant or bookkeeper would have recorded the paperwork involved, they can now use apps such as Receipt Bank. “This leaves the accountant or bookkeeper time to extract financial and operational data from the cloud providing the vital commercial insights that we know small business owners want,” says Bean.

Look at the bigger picture

Emma Rose, academies and research director at Winmark Global, says it’s about looking at the bigger picture rather than just the number-crunching aspect. “It’s about taking a strategic accountancy role rather than just an advisory one and blending automation with the human insight element,” she notes. “When I used to teach accountancy and finance there was always a very clear focus on the technical skills but it’s not just about numbers now. It’s about the business as a whole and understanding how it’s going to change – the implementation and the strategy.”

Keep learning

Rose says finance professionals have to look at ways they can continue to upskill and learn. “Learning is a lifelong acquisition of knowledge and number-crunching is just one small part of it,” she notes. “We learn with insight, knowledge and wisdom. It’s about being able to upskill and have the conversation with their clients where they offer them a solution and are able to understand the language and the process of digital transformation.”

How to calculate gender pay gap for payroll staff

Gender pay gap requirements came into force April 2017.

It is a new measurement, and one not to be confused with Equal Pay Act (1970) which ensures that men and women receive equal pay for the same work.

The gender pay gap is different in that it measures the disparity between an organisation’s total pay paid to men and it’s total pay paid to women. The public sector has been reporting this information for some time. The private and voluntary sector now has a duty to do the same.

In this brief and broad outline of the requirement we outline the duty and calculations needed to meet the gender pay gap requirement.

The duty

Organisations that employ 250 or more employees (headcount, not full-time equivalent) are required to collect and publish the data for gender pay gap identification on the snapshot date. The data to be published must show mean and median pay averages, divided into annual salary quartiles.

Snapshot date

The snapshot date is the day on which the data is to be collected. For the private and voluntary sector that date is 5 April. It is recommended that for organisations whose staff numbers fluctuate around 250 employees that they collect and report the data annually.

The data

For every relevant employee, the minimum information to be collected is:

Ordinary pay and the length of time covered. Ordinary pay excludes:

  • overtime pay
  • redundancy pay
  • pay in lieu of leave
  • benefits in kind and salary sacrifice amounts
  • expenses
  • pay from a different pay period)

Hours worked

Bonus pay and the length of time covered. Bonus pay includes:

  • money,
  • vouchers,
  • securities,
  • options or interests in securities
  • remuneration that relates to profit sharing, productivity, performance, incentive or commission)

Gender

The calculations

The regulations specify how to calculate the hourly rate of pay. They also specify that:

  • a month has 30.44 days
  • a year has 365.25 days

Gender pay gap

To calculate the gender pay gap for men, and the gender pay gap for women follow the steps below.

Mean average

To calculate the (arithmetic) mean

  • Identify the total amount of ordinary pay in the relevant pay period. (Using simple numbers for easy illustration)
  • £1,500 per month for 37.5 hour week

Identify the total bonus pay in the relevant pay period. (Again, using a simple number)

  • £1,000 per month

Add the two amounts together

  • £2,500 per month

Pro-rate that total pay to weekly or monthly pay

  • £2,500 / 30.44 x 7 = £574.90

Divide the amount by the number of working hours in the week

  • £574.90 / 37.5 = £15.33

Perform this calculation for both total male pay and total female pay to work out the hourly rate for each gender.

Median average

To calculate the median (middle value in a data set when items arranged in numerical order lowest to highest)

For example, using the following numbers for simple illustration

11, 2, 7, 11, 5, 9, 11 arranged in numerical order, lowest to highest.

2, 5, 7. 9, 11, 11, 11

The median is the middle number, 9.

Perform this calculation for both total male pay and total female pay to identify the mid-range hourly rate for each gender.

Gender bonus pay gap

To calculate the gender bonus pay gap for men, and the gender pay gap for women follow the steps below.

Using the mean or median bonus pay of male employees as follows:

Male total bonus pay – Female total bonus pay x 100

Male total bonus pay:

  • Using the following as an illustration. If the male total bonus pay is £3,450 and the female total bonus pay is £2,950, the gender bonus pay gap is
  • £3,275 – £2,950 x 100 = 9.9%
  • £3,275

The quartiles

The annual salary data is divided into equal quarters as follows

  • Rank the hourly pay rates in order
  • Divide into four quartiles: lower, middle, upper middle and upper
  • Ensure there is an even gender distribution
  • Calculate the proportion of male full-time employees and of female full-time employees in each quartile.

Smaller employers

Though smaller employers are not required to report on their pay equality, they may be required to do so by a larger organisation who wish to show their commitment to equality and diversity. This will spread the commitment to gender neutral equality, which suits the government’s agenda.

By having a ‘snapshot’ date of one day, there is the possibility that data could be distorted to show a more favourable outcome, for example, by groups of zero hours contract staff not being engaged on that day, so either falling below the 250-employee minimum or by employing more women workers on that day.

There is a possibility that disproportionate or one-off bonuses paid could distort the data, making comparisons year on year difficult.

This is a broad outline of the gender pay gap regulations. If you think that your organisation may fall within the regulations or you need more information then enrol with a payroll-specialist training organisation for a course on gender pay gap regulations.

Top study apps and new technology to help you revise

[List compiled June 2013, updating coming soon]

You might feel stressed, overwhelmed or frustrated at your progress (or lack of it) when studying accountancy. Fortunately, there are study apps and technology you can use to help you learn and revise more effectively. Technology expert Dean Evans logs in

Most of us have busy lives and juggle multiple tasks. So it can often be hard to get work done. This is especially true if you’re trying to absorb new information and learn new skills as part of studying the AAT Accounting Qualification.

Here are some tips for using new technology to give you a helping hand.

Step 1: Improve your time management when you study

Quick question: are you using your time efficiently? Or are you dilly-dallying every time you sit down to study because you don’t know what to do next and it takes you 5-10 minutes to get going?

Poor time management is a common problem. Parkinson’s Law maintains that: ‘work expands so as to fill the time available for its completion’. In other words, if you don’t plan your time, you won’t make the best use of that time. You won’t be as focused. Or as driven.

Solutions? The most powerful one is to methodically plan out your work/study on a calendar and set aside 60 or 90 minute blocks of time to tackle specific tasks or topics. Treat these as unbreakable ‘appointments with yourself’ and use timer onlineclock.net to track them.

Google Calendar might be ideal for organising these blocks into a schedule. It’s accessible via any connected device and enables you to set handy email/pop-up reminders. Or you can use a digital to-do list to give you a nudge, such as Any.do, Teuxdeux or Wunderlist. There are also a host of productivity apps available to help you claw back some precious time.

Step 2: Eliminate distractions when revising

One of the biggest obstacles to effective working or studying is our misconception that we can multitask. We can’t. We’re just not wired that way.

Having the TV on in the background while you read through course material, or reading email as soon as it arrives never allows you to devote your full attention to a task. These aren’t the only distractions either. There’s Facebook, Twitter, your mobile phone, food, drink, kids, other people… in fact, you can be distracted by anything that is more entertaining than the task you need to complete.

So switch off. Literally. Switch off your mobile phone. Tell people you don’t want to be disturbed. Start a study session with enough food and drink (within easy reach) to keep you fuelled. If you’re working on a computer, don’t just minimise your email and other websites, close them down.

There are apps that can help you with this last bit. Self Control (Mac-only) enables you to block emails and website access for a specified period of time. Freedom (Mac/PC) does the same, and its Web-muting talents come recommended by the likes of Neil Gaiman, Zadie Smith and Nick Hornby.

Step 3: Enhance your focus

When you know exactly what you’re doing and you have an environment that’s free of distractions, you’re two thirds of the way to becoming more productive. The final step is to make the most of your time and enhance your focus.

Again, modern technology can help you out here. A decent pair of noise cancelling headphones, like the Blaupunkt 2013 Comfort 112 (£50, Amazon), can shut off the outside world and fill your ears with music from Spotify.

While it’s not advisable to work and listen to music at the same time, recent research has suggested that ‘listening to music before you study or revise can have a beneficial, motivating effect’.

Online service Evernote is perfect for capturing, storing and sorting notes and ideas. It uses cloud storage, so your content is everywhere you need it to be. StudyBlue will also be useful. This Apple/Android app encourages you to make digital flashcards of your important notes, so you can test yourself on key concepts, ideas and facts. ‘A century of research has shown that repeated testing works,’ said the BBC when they looked into the most effective revision techniques.

Finally, don’t forget that you can plug into the AAT’s lively student/member discussion forums.

Dean Evans is a technology writer and fomer editor of TechRadar. Interested in apps that help you study? Then check out Matt Packer’s post on time management apps.

Fixing our broken housing market

For many years, the news has been awash with facts and figures about the shortage of housing in the UK, a shortage that inevitably pushes prices ever higher.

The focus on this problem becomes heightened at each General Election campaign and the 2017 campaign was no different with each party seeking to outbid the other with unrealistic house building targets that inevitably won’t be met as has been the case for decades under Governments of all political persuasions.

In 2015-16, the total housing stock in England increased by approximately 190,000 residential dwellings. Although this was more than 10% higher than the previous year it remains some way off the estimated 240-250,000 new homes needed.

Punishing land banking house builders, addressing the effective monopoly enjoyed by the big house builders, giving local authorities more powers, freeing up part of the green belt, applying punitive taxes – for example an additional 3% stamp duty on second homes – and many other solutions have been put forward over the years with varying degrees of success. None has proved particularly effective.

The Government’s Housing White Paper, Fixing our broken housing market, published earlier this year, extends to over 100 pages of proposals about how to deal with the problem of supply and consequent cost. However, it makes no mention whatsoever of one approach that never appears to receive any serious attention – restricting property purchases to UK residents. Irrespective of nationality, it would make sense if the purchaser of a UK property resided in the UK.

Put simply, it doesn’t matter how many houses are built in the UK, there will never be enough to meet demand because demand is not simply coming from the 65m currently resident in the UK but from across, Europe, Asia and America.

Years of London property purchases by the super-rich from Russia, China, America and various other countries are well documented but it’s not just London that overseas investors are setting their sights on. Liverpool, Manchester and other parts of the UK are proving equally attractive.

What’s more, it is no longer the super-rich alone who are snapping up properties across the country. Middle income earners from across the world, especially China, are finding UK property an increasingly attractive proposition. This has been exacerbated the weakness of sterling following Brexit.

Perhaps the most frustrating aspect of this phenomenon is the fact so many of these properties are bought solely as investments rather than as homes or even as rental properties. In other words, they sit empty, appreciating in value whilst huge numbers of British residents become priced out of the property market, are forced to rent, to live with friends and family or to join the ranks of the 4,000+ rough sleepers on our streets.

Would some restrictions requiring purchasers to be present, be so radical? The Government could establish a cross party group to examine this possibility. This would go some way to taking any political heat out of the proposal.

Furthermore, there are plenty of international examples to demonstrate this can be done effectively.

Property can only be purchased by residents in Singapore and Iceland. Others impose less rigorous but arguably sensible restrictions. Non-residents in Poland, well those from outside the European Union anyway, must obtain permission from the Ministry of Internal Affairs to purchase a home. This permission will only be granted if they have either lived in the country for five years or more or can demonstrate some other form of significant connection to the country e.g. marriage to a Polish citizen. Similarly, Denmark and Hungary impose some limits on who can buy property within their borders and Australia has imposed some restrictions as a direct result of an explosion in overseas property acquisitions, primarily from China.

Critics will argue that Government shouldn’t interfere in the market, that imposing some sensible restrictions in this area threatens the important message that Britain is open for business or that it could be damaging for our successful property market. Scratch the surface and these arguments fall away. Take the first and third arguments, Governments often interfere where markets are not working properly and few would argue our housing market is working well. Britain is open for business, move here, contribute and there will be nothing to stop you buying a home.

What do you think? Should eligibility restrictions be imposed on home buyers or not? Let us know by completing the AAT Housing Supply Survey 2017. It shouldn’t take more than two minutes.

Making Tax Digital – what you need to know to prepare

The one question every AAT licensed accountant asks me is: “what do I need to do to get ready for Making Tax Digital (MTD)?”

Let’s recap on the main MTD good-to-know points.

What is MTD?

MTD was first announced by Chancellor George Osbourne in his 2015 Spring Budget as “the death of tax return.”

As time passed it became clear that with few exceptions HMRC was seeking to mandate all those in business (including landlords) to record business transactions in real-time, using MTD-compliant third-party-software and to store the supporting records digitally.

All those in business would also be required to lodge online updates at least quarterly, detailing their trading activity in a similar format to the self-employed schedules (SA 103) which form part of a self-assessment tax return.

After a protracted period of consultation and pressure from many, including AAT, the original proposals have been amended to leave the roll out of MTD looking as follows:

April 2018

Those in business and subject to a charge to income tax on their profits with turnover above £85K (the VAT threshold) will be required to join MTD (on-board).  This will require them to digitally record their business transactions using MTD-compliant software from the first day of their new accounting period commencing in the 2018/19 tax year.  Furthermore, they will be required to file online updates at least quarterly of their trading activity thereafter.

April 2019      

Those with turnover above £10K and below £85K and subject to a charge to income tax on their profits will be required to on-board from the first day of their new accounting period commencing in the 2019/20 tax year and to file updates.

In addition, all VAT registered businesses (companies included) will be required to keep a digital record of their business transactions and file MTD-compliant VAT returns.

April 2020

All those subject to a charge to corporation tax on their profits and also complex partnerships (those with a turnover >£10m) will be required to on-board from the first day of their new accounting period commencing in the 2020/21 tax year.

What is acceptable digital record keeping?

After stating that digital record keeping would only be acceptable if MTD-compliant third-party-software was used, HMRC listened to representations made by AAT and others and agreed that spreadsheets with a plug-in enabling them to link with HMRC’s backend systems to file updates could also be used.

MTD is a major opportunity for accountants to add value for their clients

For many accountants, MTD is going to disrupt the current reactive compliance driven model that they operate under and which has existed since the introduction of self-assessment back in 1996/97.

However, I really do not see that as a bad thing for those with clients operating a true business. How you will feel about the long-term effects of MTD can be illustrated through your response to the questions below.

What would you rather do?

Given a choice would you rather advise your client:

  • Six to nine months after the end of a tax year about the performance of their business. At a point when your comments are no longer able to affect the outcome of a trading period, or
  • In near-real-time about the performance of their business using rich sources of data available from state-of-the-art cloud-based computing software. At a point in time when it possible to affect the outcome of a trading period?

I strongly believe that once MTD becomes business-as-usual most accountants will prefer the second scenario.

After all, it presents them with a wonderful opportunity to provide real added-value-services to their clients at a point in time when their advice can really make a difference. As opposed to providing the traditional post tax-year-end reactive tax-compliance-driven model that so many occupy under self-assessment. Where advice given is retrospective.

The move to MTD might not be such a challenge

While many question how they will cope with the move to quarterly reporting it should not be overlooked that a small but significant bunch of accountants, possibly as many as 20% (based on my experience of talking to AAT members) already operate in the way that HMRC envisage for MTD.

They encourage their clients to use cloud-based accounting packages that offer built-in processes capable of extracting data from their bank, posting and reconciling it. In other instances, their software accepts third-party data without manual intervention.

They will be focused on the provision of timely management accounting information, often on a quarterly basis sometimes monthly to their business-owing clients.

These accountants will see the move to MTD as a great business opportunity, at the very least nothing more than the rest of us catching up with them. What’s more, almost without exception, their clients will be making monthly or quarterly payments as part of a fixed-fee arrangement.

Time to revisit your business model

Do not miss this golden opportunity to review the way that you operate.

If you run a traditional practice give serious consideration to transitioning your business to one where you can offer your clients monthly/quarterly added-value services.  These services include the production of management accounts with a focus on the provision of timely in-year advice and less on reactive tax planning.

If you’re not already doing it, offer fixed-fees coupled with monthly billing.  You stand to benefit from a more regular flow of work and a smoother cash flow.

What else should I do?

You should design a marketing strategy targeted at your clients. At the heart of which should be the message that they have nothing to worry about because you will be there for them every step of the way. Ready to make the transition as pain-free as possible.

Segment your clients by reference to the various on-boarding dates above. This way you will be aware of when they are required to on-board and you can let let them know.

Keep your clients updated in respect of emerging issues. This can be done through social media, newsletters or even breakfast meetings.

Research the third-party software market to ensure that you can advise your clients whether the software they use will be MTD-compliant, or what their alternatives might be.

Consider whether you want to be a practice that only works with users of a specific software or if you would be happy to allow your clients to dictate.

Ensure that the software you might be considering to recommend is going to be compatible with your own software.

Review your existing staffing model to ensure that you have the right numbers and mix of skills to meet the demands of any change in the way that you operate.

Study tips: fundamental principles, threats and safeguards – part 1

The first article of our series on fundamental principles, threats and safeguards.


Study tips: fundamental principles, threats and safeguards series


AAT’s Ethical Code of Practice is based on a conceptual framework, which is an integrity based approach rather than a compliance based one. 

This means that it expects its members to want to do the right thing rather than just follow rules. As such, it holds members responsible for:

  • Understanding its fundamental principles
  • Identifying and evaluating threats to them
  • Putting suitable safeguards in place to address the threats, thereby upholding the principles

In this two part series we’re going to look at these three areas, break down the definitions and identify some of the key terms to help us work out which principle or threat is in question. We’ll also analyse examples to identify what’s happening and what an accountant should do about it.

Firstly, we have to know what the fundamental principles are. The acronym below might help:

Popular people chat in offices

  1. Professional behaviour
  2. Professional competence and due care
  3. Confidentiality
  4. Integrity
  5. Objectivity

Next, we need to understand what each one means, and it is vital to accept that this is not common sense or even an everyday definition necessarily. The only definitions that count, in this context, are those described in the ethical code:

Integrity – you must be straightforward and honest in all professional and business relationships.

Objectivity – you must not compromise professional or business judgement because of bias, conflict of interest or the undue influence of others.

Professional competence and due care – you must maintain professional knowledge and skill (in practice, legislation and techniques) and act diligently, in other words with care, to ensure that a client or employer receives competent professional service.

Confidentiality – you must not disclose confidential professional or business information or use it to your personal advantage or that of third parties, unless you have explicit permission to disclose it, or a legal or professional right or duty to disclose it.

Professional behaviour – you must comply with relevant laws and regulations, and avoid any action that may bring disrepute to the profession.

Which principle is it?

Identifying which principle is in question often comes down to paying close attention to the wording. It is easy to assume that any incorrect behaviour or action means that the accountant in question is not behaving professionally. However, the principle of professional behaviour does not always best describe a situation. Anything that relates to honesty, being truthful or fair is describing integrity, even though being associated with misleading information would also mean the accountant involved was acting unprofessionally. Equally, disclosing information about a past, present, or prospective client’s or employer’s affairs is unprofessional. However, the principle being most accurately described is confidentiality, as this type of information is unlikely to be public knowledge and therefore would be confidential. The key wording that identifies that professional behaviour is the principle in question, so ‘bring the profession into disrepute’.

Consider the following situation

Thomas has recently started work for a firm of accountants and is helping prepare a client’s final accounts. He was unsure about how to make some year-end adjustments so revised his college notes on capital expenditure, depreciation and disposals, and asked for help when he had questions. Thomas’s manager assigned a more experienced member of staff to support Thomas whilst he made the actual year-end adjustments, which included correctly applying IAS 2.

Which principle is being described? The clues are in each sentence. Firstly Thomas revised his knowledge. Secondly he was supervised whilst providing professional services and then he applied the right accounting standard. All together these actions evidence diligence and will ensure the client receives a competent, professional service, which is what the principle of professional competence and due care is all about.

This description not only alludes to the principle but also outlines some safeguards. Thomas’s competence is safeguarded on an on-going basis by his education and training, and specifically in this case, by an experienced colleague’s supervision.

In a conceptual framework, members have to use their professional judgement to determine and apply appropriate safeguards when they identify threats to the fundamental principles. The safeguards must eliminate the threats or reduce them to acceptable levels. Before we can look too closely at safeguards though, we need to know what the threats are. Just like the principles, knowing them in everyday terms is not enough, as the definitions given in the ethical code are the only ones that are relevant.

  1. Self-interest threats, which may occur where a financial or other interest will inappropriately influence the member’s judgement or behaviour
  2. Self-review threats, which may occur when a previous judgement needs to be re-evaluated by the member responsible for that judgement
  3. Advocacy threats, which may occur when a member promotes a position or opinion to the point that subsequent objectivity may be compromised
  4. Familiarity threats, which may occur when, because of a close or personal relationship a member becomes too sympathetic to the interests of others
  5. Intimidation threats, which may occur when a member may be deterred from acting objectively by threats, whether actual or perceived

Which threat is it?

Let’s return to Thomas’s situation and think about the implications if we discover that the client, whose final accounts he is preparing, is his uncle. This now raises a familiarity threat due to the personal relationship and the possibility that Thomas’s actions might be affected if he were to discover an error. His manager may have determined that the threat is reduced to an acceptable level by appointing a more experienced member of staff to support him. However, it might be that assigning Thomas the accounts of a different client would be a better safeguard as it would eliminate the threat entirely.

In part two, we’ll look at more examples and focus on confidentiality, intimidation and advocacy.

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What will Brexit mean for VAT?

The Brexit negotiations are set to begin soon after the general election. What are the VAT challenges facing UK businesses and their advisers? 

VAT is a European Union tax, and the UK will be free to develop its own, entirely separate VAT system once it is outside the EU. A Great Repeal Bill will repeal the European Communities Act 1972 and convert existing EU law into domestic UK law, according to a March 2017 white paper setting out a Conservative government’s approach to legislating for Brexit. Parliament will then decide which elements of that law to amend or repeal.

As we leave the EU “we will no longer be members of the single market or customs union”, the Conservatives’ general election manifesto said, but “we will seek a deep and special partnership including a comprehensive free trade and customs agreement”.

While the Conservatives have pledged not to increase “the level” of VAT, Labour has guaranteed no increases in “the rate” of VAT but has pledged to remove the exemption for private school fees.

How much scope will there be to reduce VAT rates as part of any “competitive” tax strategy? EU law provides that, until the end of 2017 at least, an EU member state’s standard rate of VAT may not be less than 15%. All VAT rates are potentially subject to change, says Vaughn Chown, managing partner at Gabelle, a division of Abbey Tax.

“In addition, supplies which currently have one rate will attract another rate due to the direct effect of Brexit,” Chown says. “Distance selling [of goods from the UK to EU member states] might change from standard rated supplies to zero-rated exports; financial services to overseas customers might become zero-rated supplies, not exempt; and services to EU non-business customers might become zero-rated exports, not standard rated.”

Case law

EU case law has clarified what is subject to VAT, the white paper noted, and failing to follow that case law in our own legal system would “create new uncertainties” about the application of VAT. There is uncertainty about the future direction of VAT policy and law, however.

“I suspect that new legislation will develop over time, but that any VAT legislation or CJEU cases which HMRC does not like will be subject to review and possible amendment quite quickly, although Labour has suggested that none of the existing legislation etc. would be altered post-Brexit,” Chown adds. Labour has pledged to prioritise a “strong emphasis on retaining the benefits of the single market and the customs union”, and to protect “all EU-derived laws that are of benefit”.

Imports and exports

Chown, who will address this week’s AAT annual conference, notes that businesses currently receiving goods from other EU member states, as an intra-community supply without VAT or customs duty, are likely to become liable for both import VAT and customs duty post-Brexit: “VAT on imports will be a cash flow issue for businesses that can reclaim the VAT, whereas customs duty will be a cost.”

Changes to the place of supply rules in 2015 mean that a “B2C” supply of digital services to a consumer in the EU is treated as made in the consumer’s country. Digital services include broadcasting and telecommunication services, and electronic services such as downloads of apps and e-books. The Union VAT Mini One-Stop Shop, or VAT MOSS, enables a UK business making such supplies to make returns, and pay the VAT, to HMRC instead of registering in each EU country. (For HMRC’s overview of the scheme, see paragraph 4.8.4 of VAT Notice 700.)

Post-Brexit, the UK business will need to switch to the ‘Non-Union’ VAT MOSS scheme for non-EU businesses, registering in one of the EU-27 member states as a non-union supplier. “This is a further compliance burden,” says Richard Asquith, vice president of global tax compliance at Avalara.

“More worryingly, without an EU VAT registration threshold for these services, several thousands of UK micro B2C e-services providers will have to get UK VAT registered in the UK first to get their EU MOSS registration,” Asquith adds. “The EC has proposed a €10,000 B2C MOSS threshold [below which cross-border sales would be handled domestically]. This was for the benefit of the UK, but post-Brexit the UK’s insistence on this will carry no weight.”

A lower VAT threshold?

The Office of Tax Simplification is considering the implications of the current, “high” registration threshold and has asked: “Would it be less distortive [by removing the “cliff edge”] if the UK’s threshold were lowered to bring in more businesses?” It would appear to be open to a new government to align the Making Tax Digital threshold with a new, reduced VAT threshold.

Chown notes that the UK’s threshold of £85,000 is one of the highest in the EU, and that HMRC “has always resisted a lower threshold”. He does not foresee the UK widening the net to bring in small businesses without the additional resources needed to police them.

Low registration thresholds are always desirable, according to Asquith, to “broaden the tax base and produce more reliable and fair tax revenues”. But they generally only work if the compliance required is light, he says. “Otherwise it imposes high costs of administration for both businesses and the tax authorities who must monitor compliance.”

Digital reporting may hold the key. Asquith believes that automation, involving live or near-live transaction reporting via accounting software direct to HMRC, should result in “the end of complex VAT returns”, and perhaps even “the end of the VAT return” by 2022.

Britain’s financial services sector could lose up to 30,000 jobs

The writer Samuel Johnson famously coined the phrase “when a man is tired of London, he is tired of life.”

When a bank grows tired of London, especially in the wake of Brexit, it simply moves to Frankfurt.

While very little is currently known about the terms of the UK’s exit from the European Union, the financial services firms that call the capital home have already been formulating their own exit strategies.

Brussels-based think tank Bruegel has predicted that Britain’s financial services sector could lose up to 30,000 jobs as businesses move their operations to the continent. US banking giant JPMorgan plans to move hundreds of jobs to Dublin, Frankfurt and Luxembourg, while HSBC will send 1,000 staff to Paris.

The exodus is being driven by the desire to preserve passporting rights, which allow companies to provide financial services in all EU member states. Without them, firms must be granted permission to operate in each country.

“It’s likely that UK firms with EU bank accounts will have to apply for new licences in orders to continue operating,” explains Ali Alani, CEO at Imperial FX, a money transfer company based in London. “This could be lengthy and costly, impacting the business’s’ bottom line, and increasing their risk to investors. Firms based in the EU aren’t subject to these changes.”

Fears for fintech

Big banks aren’t the only ones concerned about the effects of losing access to European markets. London’s fintech companies are also negotiating the business impacts of Brexit while searching for a way forward. Industry body Innovate Finance found that venture capital investment in the UK’s fintech startups fell from $1.2 billion in 2015 to $783 million last year.

Analysts attributed the 34 percent drop to the uncertainty surrounding Brexit. The fall in funding signals an abrupt change in fortunes for a city that was named the world’s leading fintech hub by professional services firm EY in February 2016. Now some of the capital’s most successful fintech firms are following their big-bank peers to Europe.

Taavet Hinrikus, CEO of money transfer giant TransferWise, has said that the company will shift its European headquarters from London to the continent by the time Brexit negotiations are finalised in 2019. Electronic payment processing firm PPRO, another of the capital’s fintech giants, has already begun setting up an office in Luxembourg, according to a Guardian interview with CEO Simon Black.

Meanwhile, European cities are looking to capitalise on the Brexit jitters shaking London’s startup scene. In the days after the referendum, a van bearing a billboard with the slogan “Dear startups: Keep calm and move to Berlin” was spotted driving around the capital. The advertisement appeared to have been placed by a political party in Germany, which is proving to be a top destination for UK talent.

Fight or flight

In a presentation at London Fintech Week 2016, Berlin’s Senator for Economics, Technology and Research, Cornelia Yzer, claimed that 100 London startups were planning to move to the German capital. No matter where in Europe the UK’s innovative young businesses go, top talent is sure to follow. If London loses its status as a world-renowned fintech hub, companies that choose to stay in the city could struggle to attract and retain staff.

“The biggest problem that we see now is the access to people. About half of our staff comes from outside the UK with the majority of those people coming from Europe,” says Christoph Rieche, CEO of Iwoca, a London-based provider of flexible credit to small businesses across the EU. “If we’re not able to hire all of these people as we are grow, then it reduces our ability to get the best person for the job.”

Fearful firms should rest assured: London’s once-promising fintech ecosystem isn’t going to disappear overnight. While the shrinking availability of talent and capital is a concern for the finance industry, the true impact of Brexit won’t be realised until exit negotiations are through. On the plus side, analysts who predicted an economic crash after the referendum have (thus far) been proved wrong.

Despite the clamour at the polls, data from PwC shows that the UK’s economy still managed to grow at a rate of 2 percent last year. Whether they’re faced with an impossibly rainy day or a commute on a cramped tube, Londoners are renowned for their ability to endure less-than-ideal circumstances. It’s this spirit of perseverance that will help sustain the capital’s fintech ecosystem in the face of years of Brexit uncertainty.

“My advice for AAT Distance Learning? Get a dog”

Julie Dove is currently studying AAT Advanced Diploma as a Kaplan Distance Learning Student.

Dove has worked in finance for over 15 years and currently works as Head of Finance and Administration, managing a team of five. We speak to her about how she manages work, study, family and Cystic Fibrosis. Here Dove shares some of her tips on staying motivated when learning on your own.

Dove started her accountancy career in an admin role interpreting data before making the decision to formalise her experience with a bookkeeping qualification. “I got the feeling there was more to the accountancy career than creating pretty graphs, so I did a bookkeeping qualification at home and got a real taste for wanting to pursue accountancy further” she says.

For a while personal circumstances got in the way of her studies but when Dove started a new job she was given the chance to obtain funding for further training. “This was the perfect opportunity for me to finish the AAT qualification that I really wanted to do all those years ago” she says.

The freedom of Distance Learning

Dove decided to progress with the qualification by studying through distance learning as it offered her a number of benefits. “Flexibility is the biggest factor for me, because I need to spend intermittent time in hospital for my Cystic Fibrosis.

“Also being able to study at home gives me so much more flexibility around my job. When it’s really busy at work I generally don’t get time to study during the week, so I make it up at the weekend” she says.

Dove’s husband often travels for work and distance learning has given her the opportunity to fit her study schedule around his travelling. “If he was only home on the nights I had to go to college, we’d probably have seven nights a week without seeing each other” she says.

Motivation is key

Dove admits that there are some drawbacks to studying at home. Trying to motivate herself to study can be a real challenge some days but visualising the end goal and reminding herself of the reasons she started the qualification in the first place helps. “I think you’ve got to force yourself to look at the end goal. The reason that I started studying was to progress my career, so if I start losing motivation I get my three-year plan out which shows my path to becoming a financial director.

“It also helps to get a vision board. Think about what you want to achieve from completing the qualification – is it an amazing car or a holiday in the Maldives? I have my goals on a board at home, showing what I’m going to get when I get to the end of the qualification.” she says.

Your tutor is your lifeline

It’s no secret that it can feel lonely when you study remotely. Dove says, “when you’re studying via distance learning, it can often feel like you’re on your own. Since you’re not surrounded by others in a classroom environment there is no opportunity to bounce ideas with others or socially interact with classmates.”

To help counter this, Kaplan has recently extended their tutor support for all distance learning courses.

Regarding these new changes Dove says, “It’s great to know that you are able to pick up the phone and call your tutor, even on an evening or on a Saturday morning. It’s not like you are just given the textbook and told to go away and learn it, there is a really big network of support there if you need it.”

Plan ahead and reward yourself

As a distance learner there are ways that you can maximise study time. For Dove, planning ahead is key.

“Every Sunday I sit down and plan my week to see where my easy [work] days are and spend those nights studying. I think fitting your studies around your work timetable is really important because if you’re tired after a long day’s work, then there is little point in studying because it just doesn’t sink in” she says.

And because you’ve made a commitment to yourself to achieve your goals and change your future, it is also important to celebrate your hard work. “I make sure I give myself at least one weekend a month completely off from work and study, because it helps keep me motivated.

“For example, I’m very good at taking myself off to a health spa for the weekend” Dove says.

My secret to juggling work and study

Juggling work, study and everything in between can be overwhelming, so how does Dove deal with this?

“I think spending time with my dog is the best way for me to de-stress because it doesn’t matter how hard things get, he’s always there. I have a very lazy Labrador – last night I was sat on the floor studying [and] he was sat on the sofa asleep on my shoulder.”

“The days when I’m at home, he comes and sits in his basket next to my desk and around lunchtime he’ll give me a nudge to go for a walk. Just walking with him and getting out in the fresh air is a great way to relax” Dove says.

Dove has a few last words of wisdom on staying motivated whilst studying via distance learning.

“If you give in when it gets tough, there is only one person who is going to regret that later in life and that is yourself. I set out saying that I was going to be qualified by the time I got to 40, and that falls later this year so I am going to keep going. It doesn’t matter how long it takes you – just don’t give in and you’ll get there” she concludes.

If you would like to try a new approach to learning away from the classroom, why not try a free demo of Kaplan’s new OnDemand study method. OnDemand combines the structure of a tutor-led course with the flexibility to start studying anytime, anywhere.