Reform of Class 2 National Insurance Contributions (cont) Enforcement Practicalities & issues Healthcare News Tax Tips, News and Much More... Issue 4: February 2015 Class 2 NIC, collectable via the self assessment regime from April 2015 onwards, will be subject to the same interest and penalty regime which currently applies to any income tax and Class 4 NIC arising on profits. The final Class 2 direct debits that HM Revenue & Customs will collect under the current rules will be on 10 April 2015 (for those who currently pay monthly) and on 31 July 2015 (for those who pay six monthly). No further payments should be taken after these dates. Ensure you check your bank statements to verify that this is the case and notify HM Revenue & Customs if the direct debits continue. There will no longer be a requirement to contact the Contributions Agency when a new self employment commences, in order to notify the requirement to pay Class 2 NIC. That, in effect, will be done via the self assessment tax return. The obligation to notify HM Revenue & Customs of the commencement of a new self employment will remain however (with late notification penalties still applying if that failure exceeds 90 days from the new self employment commencing). These changes may mean that Class 2 NIC is taken much later (31 January 2017 for 2015/16 Class 2 NIC). Taxpayers with low incomes may want to ensure that they are setting funds aside to meet any Class 2 liability in order to meet that deferred liability when it falls due. HM Revenue & Customs are known to be sensitive to the position of low earners and have indicated that they may introduce some form of regular payment facility to avoid issues with finding the funds to meet any Class 2 liability. They are also sensitive to the position of unrepresented taxpayers who may be unaware of the full implications of not paying Class 2 NIC and, in effect, opting out of the contributory benefits. The HSKS Greenhalgh Healthcare Team will be glad to assist anyone with issues or concerns arising out of the changes detailed above. For more information about any of these matters, please contact Jean Kelly. Philip Handley Jean Kelly Martin Tomes Des Pearson Director Manager – Healthcare Manager – Taxation Services Manager – Taxation Services e: philip.handley@hsksgreenhalgh.co.uk e: jean.kelly@hsksgreenhalgh.co.uk e: martin.tomes@hsksgreenhalgh.co.uk e: des.pearson@hsksgreenhalgh.co.uk Chartered Accountants and Business Advisors 3rd Floor, Butt Dyke House, 33 Park Row, Nottingham, NG1 6EE t: 0115 985 9517 e: nottingham@hsksgreenhalgh.co.uk 18 St Christopher’s Way, Pride Park, Derby, DE24 8JY t: 01332 200105 e: derby@hsksgreenhalgh.co.uk Lion Buildings, 8 Market Place, Uttoxeter, Staffordshire, ST14 8HP t: 01889 567217 e: uttoxeter@hsksgreenhalgh.co.uk 21 Eastgate Business Centre, Eastern Avenue, Burton upon Trent, Staffordshire, DE13 0AT t: 01283 531711 e: burton@hsksgreenhalgh.co.uk www.hsksgreenhalgh.co.uk Planning for the future Annual cashflow and profit forecasting is a fairly standard process for most businesses, yet in GP practices it is still relatively rare. Until recently this was never too much of a problem and there was usually sufficient cash left in the practice to pay out year end equalisations once the annual accounts were finalised. However in the last two or three years GP practices have seen static or decreased levels of profits, which inevitably puts pressure on partners’ drawings levels. Partners have had to face increased superannuation liabilities, following the gradual increases in tiered contributions, and possibly higher tax liabilities too if they are affected by Annual Allowance tax charge issues. Their wish to maximise/maintain the drawings they take out of the practice is understandable, but can leave their Practice Managers with cashflow worries at the end of each month. Why prepare a Forecast? The act of preparing profit and cashflow forecasts will not actually change the practice’s finances, so why bother? There are several good reasons to do so: • To assist the partners with their planning GPs who join partnerships accept the financial risks and rewards of partnership. Their drawings are their household income and, like any household, they need to plan their own personal expenditure based on a reliable level of income. All other planning aspects (tax planning, investment and pension planning) flow from their level of profits from the practice. All too often GPs have no idea at all of what those profit levels are likely to be, thus making any planning difficult. • To deal with incoming/outgoing partners The GP population seems to be more transient than ever at the moment and most practices seem to have joiners/leavers every year. Budgeting affordable, reasonable drawings levels for incoming/outgoing partners will help to avoid overdrawn or significant balances being owed when a partner leaves the practice. Neither situation is ideal, so anything that can be done to determine a reasonable drawings level, appropriate to the profit level of an incoming/outgoing partner will help. Annual equalisation of partners’ current accounts is also recommended, in order to avoid significant balances being built up. In theory, the gradual movement of funds out of QuOF and into Global Sum/PMS baseline funding should make practices less reliant on the end of year QuOF achievement “bonus”, but many of the locally negotiated or directed enhanced services still have an element of the funding which is target based. These funds, like QuOF, will not be paid out to practices until after the end of the NHS year, once the achievement against target is assessed. As with any business, the service/product has to be delivered first and the funding follows much later on. www.hsksgreenhalgh.co.uk Planning for the future (cont) Reform of Class 2 National Insurance Contributions • To plan capital outlay Any capital expenditure will not affect profitability or drawings levels, but will impact on cashflow, particularly if the outlay is significant. A monthly cashflow forecast will identify times of the year when there is surplus cash available and may assist the practice in deciding when to incur capital expenditure. Many healthcare professionals will derive income from self employment (either as a GP in partnership with others, or as a sole trader locum). • To aid general practice planning Like every business, GP practices need to be able to make sound financial decisions about their business expenses and a detailed understanding of the practice’s profits and cashflow will inform these decisions. • To complete the annual superannuable profits forecast At the start of each NHS year, every practice has to complete and submit a forecast of each GP’s superannuable profits for the year (additional forms are required at each change of personnel within the year too). The purpose of this forecast is twofold: firstly it determines which earnings tier applies to each GP, thereby ensuring that employee superannuation contributions are collected at the correct rate, and secondly it ensures that contributions are collected on a reasonable estimate of profits in order to avoid large superannuation surpluses or shortfalls. Avoiding large shortfalls in particular aids cashflow and also helps to maximise the tax relief claimable by each GP. • To assist with bank borrowing Practices may need to borrow from time to time to fund capital improvements, refurbishments and extensions or to allow incoming partners to buy into an existing property. Although the borrowing will be secured against the assets, the bank will often look at practice/individual GPs’ profit levels in order to ensure that their income is sufficient to service the loan. Practice accounts assist with this, but show historic performance which is not necessarily a good indicator of the future. A detailed practice profit and cashflow forecast and balance sheet provides assurance to the bank that the practice has a sound understanding of its finances and makes its decisions based on reliable financial information. Ongoing monitoring Preparing a budget is all well and good and demonstrates sound financial management of the practice, but unless it is used as a “living” document, it will serve little or no purpose. Setting the initial budget is a good first step but measuring actual performance against it is just as important. Real life will always get in the way of the best financial planning and every practice will incur some unexpected expenditure from time to time, but monitoring actual expenditure against budget will help identify where other problems might occur, or might even identify a solution. Monitoring against budget does not have to be hugely sophisticated. Some practices use software packages which make it easy, but in the absence of such a package a spreadsheet will suffice. The key is updating it each month and ensuring it is kept accurately. So, where do I start? A good starting point is the latest available set of accounts. They will at least give some guidance regarding the income and expenditure headings required in the forecast. Then you need to think about any changes there have been in the practice since that set of accounts; new income sources, personnel changes etc and consider how these will fit into your forecast. Plan out the income you expect to derive and expenditure you expect to incur on a month by month basis. Firms who specialise in GP finances, such as ourselves, are likely to have standard spreadsheet templates which you can use to pull all the figures together into a profit and cashflow budget. Once you have a draft version available, review it and discuss it with your partners to ensure that it is reasonable and that you are all in agreement with the figures. If your accountants have not been involved in the preparation of the budget, seek their advice or at least make them aware that the budget exists so they can use it in other planning exercises. If you would like further advice or assistance with financial forecasting matters, we have a wealth of experience in the Healthcare team and would be happy to assist. Taxpayers who are self employed should be familiar with Class 2 National Insurance Contributions. Payment of Class 2 NIC provides the self employed taxpayer access to the contributory benefits system, the most important elements of which are the state pension and maternity allowance. Only the self employed are liable to such NIC, along with Class 4 NIC. Healthcare professionals may also be employed at the same time and be subject to Class 1 NIC. This article, however, only considers aspects of Class 2 NIC, which will be changing in April 2015. Current Regime Liability to Class 4 NIC is determined by reference to the taxpayer’s profit and is collected via the self assessment tax regime. Class 2 NIC is currently administered very differently. The contributions are a flat rate amount determined by reference to how many weeks in a tax year the taxpayer is a self employed earner (currently at the rate of £2.75 per week). Class 2 NIC is collected via direct debit at monthly or six monthly intervals. Whilst the six monthly collection dates are 31 January and 31 July, their collection is administered entirely independently of income tax and Class 4 NIC. In certain circumstances, Class 2 NIC will be collected by the issuing of a demand for payment where liability to pay has been notified late to the Contributions Agency, or profits have exceeded the Small Earnings Exception (“SEE”). Where a taxpayer’s self employment profits are regularly below the NIC lower profits limit (£7,956 in 2014/15) they may apply for SEE. Conversely, taxpayers may make voluntary contributions of Class 2 NIC if they are below the lower profits limit, to continue to benefit from contributory benefits. Changes with effect from April 2015 The 2014 Budget announced changes to the existing Class 2 NIC regime which will take effect in April 2015. These announcements comprise 1.Changes to the way Class 2 NIC is structured, 2.Changes to the way Class 2 NIC is collected, and 3.Changes to the way Class 2 compliance is enforced. Structure From April 2015, liability to Class 2 NIC will cease to arise on a weekly basis. Liability will be determined after the end of the tax year and will be assessed by reference to the taxpayer’s profits as calculated for Class 4 NIC purposes. The `lower profits limit’ is to be replaced by a `small profits threshold’. This will be set at £5,965 for 2015/16. Where profits fall below the small profits threshold, it will no longer be necessary to apply in advance for exception from payment of Class 2 NIC. From that date, the taxpayer will have an option to voluntarily pay Class 2 NIC, or not, at the end of the tax year. Collection Whilst liability to Class 2 NIC will no longer arise on a weekly basis, the actual amount of Class 2 NIC due will continue to be calculated based upon the number of weeks of self employment in the year. The amount due for a tax year will be determined via the taxpayer’s self assessment tax return and paid alongside any income tax and Class 4 NIC on taxable profits on the 31 January following the end of the tax year. Taxpayers who are within the payments on account regime will, in effect, pay part or all of the liability before that time (payments on account being due on the 31 January within the tax year and the following 31 July). Presumably, the self assessment return will, from 2015/16 onwards, incorporate a box for taxpayers to tick, to indicate whether they want to opt out of paying Class 2 NIC, or make voluntary payments of Class 2 NIC, where profits fall below the small profits threshold (to preserve their access to contributory benefits).