There is a huge amount of disinformation being spread by people who are trying to 'drum up business' in this area of H.R./taxation, but who don't really understand the forthcoming changes (the same sort of people who were masquerading as 'GDPR Consultants' a year or so ago).
In summary - In July 2019, H. M. Government published draft legislation implementing the Autumn 2018 Budget announcement that, with effect from April 2020, medium and large companies in the private sector that contract with personal service companies (PSCs) for the provision of workers' services will have to account for tax and national insurance through PAYE in the same way as the public sector has been required to do since April 2017 ("Off-Payroll Working Rules").
Consequently, 'IR35' (an informal shorthand for a historic [2000] HMRC press release) WILL NO LONGER APPLY to such contracts, as the OFF-PAYROLL WORKING RULES will apply instead.
It is important to understand the interplay between the two sets of rules, and not use (or listen to those - who use) 'IR35' as an erroneous shorthand for issues arising under the separate Off-Payroll Working Rules.
I suggest that to begin to understand the forthcoming changes - Please adjust your web-search term(s) on Google etc.!
Should you need further legal advice or assistance - Please do not hesitate to make contact.
Regards
Dan.Johnson@EquitableLaw.com - Principal & Business Law Solicitor
+44 (0) 7788 537 187 : U.K. Cellular (& e-Telephone)
www.EquitableLaw.London - Solicitors For Business
Thursday, 23 January 2020
Tuesday, 3 December 2019
Consumer Rights Act - Goods - Guidance for Business from H.M. Govt.
Advising consumers in this area of law (which has changed in the last few years) is extremely difficult to do (cost-effectively), although we have more experience of advising businesses.
This is a field in which we tend to guide our business clients towards a well-written H.M. Govt. guide:-
This is a field in which we tend to guide our business clients towards a well-written H.M. Govt. guide:-
Regards
contact@EquitableLaw.com
www.EquitableLaw.London
+44 (0) 20 8780 3319 - Landline and e-Voicemail
Friday, 15 November 2019
Incentivisation Arrangements for Staff - Designed For Business Success
Following a flurry of recent instructions, all upon similar themes - Equitable Law has recently updated its 'Note' - On the methodologies for efficient and cost-effective ways for business ventures to incentivise their staff (including a detailed discussion of Enterprise Management Schemes (EMI) and alternative participating 'Growth Shares' arrangements.
An extract from that 'Note' is as set out below:-
You'll forgive us if we 'don't want to give our prior-art away for free' - but - if you 'ask us nicely' we would be delighted to discuss the same with you.
If you are interested in learning further about the options available, please do not hesitate to contact:-
Dan.Johnson@EquitableLaw.com
+44 (0) 7788 537 187 = U.K. Cell. (& e-Tel.)
http://www.EquitableLaw.London
An extract from that 'Note' is as set out below:-
If you are interested in learning further about the options available, please do not hesitate to contact:-
Dan.Johnson@EquitableLaw.com
+44 (0) 7788 537 187 = U.K. Cell. (& e-Tel.)
http://www.EquitableLaw.London
Monday, 11 November 2019
How To Approach A Solicitor With A Business Law Issue
Many entrepreneurial, growing businesses are unfamiliar with the process of approaching a professional advisor (so as to potentially help them).
I accordingly thought that I would write this (relatively detailed) note for their (and my) benefit - seeking to set out how I suggest they should go about approaching me (for maximum mutual benefit).
I believe that firstly, you need to be clear that you are inclined to seek to use the professional legal advice and assistance services of a highly experienced, fully qualified and legally trading 'English Solicitor' (such as myself), who is working through my own (London based) Solicitors practice (= a professionally authorised and regulated firm of British lawyers) which specialises in business matters.
There is going to be a potential cost to such action, but if you are ready to commit to some financial outlay - we would hope to provide input which 'pays back' multiple times over periods to come.
If you do have legitimate commercial budgetary constraints - please be upfront about it, and allow us to understand underlying circumstances so that we can help you to set what should be reasonable legal spend.
Skilled solicitors are well versed in 'cutting cloth to suit a budget', so have that discussion (in early course) - and you may well be pleasantly surprised to discover your situation is a circumstance where with careful planning, a sensibly prepared scope of work may well meet your budget expectations.
Some of this firm's best and regular ongoing clients, were the subject of approaches to us at very early stages in their development (when budgets were 'tight'), but the efficient and cost-effective input we were able to provide - when those businesses' obtained 'maximum bang-per-buck', (in part) allowed them to 'blossom' into the significant enterprise they are today.
What I would (generally) NOT recommend is to 'buy a document online' or approach any of the numerous laymen - and (potentially) much, much worse - who seek to sell business advice and assistance (of a legal nature) over the internet - and whose abilities vary widely.
Please 'Be Warned' = Absolutely anyone can use the title 'Lawyer' (or 'Legal Advisor' etc.) with impunity in the U.K. (in relation to most areas of advising business on legal matters), whatever the relevant person's lack of qualifications, experience or expertise, absence of appropriate professional indemnity insurance cover, and/or potential history of grossly-negligent, non-competency etc.
If you are dealing with what I envisage are likely to be relatively material matters (as regards the ongoing business activities in which you are involved etc.) - I'd strongly suggest that you do use a Solicitor - So as to ensure that you receive the best possible legal advice and assistance in terms of dealing with your current legal requirements (and all future developments) - in an appropriately practical and effective manner (and most importantly - in a manner that you can rely upon as your business might develop further).
If you choose not to (or simply don't) take sensibly appropriate legal advice and assistance (now) in relation to the circumstances you wish to address - you potentially risk 'making a false economy', as I fear you may well spend time, effort (and financial resources) in a manner which risks being 'sub-optimal' (to put it mildly) - both in terms of the immediate effect of the initial advice and assistance that you might receive (and the relevant advice and assistance's ongoing legal effectiveness in the future - i.e. it's 'worth' in 'real world' practical use - when 'it comes to be tested').
Compared with (say) buying software - when you generally will become aware (fairly rapidly) if it is of poor quality and/or doesn't meet your needs - with legal work, such a position often only becomes apparent when you are involved in (say) a court action, the tax authorities are pursuing you or you have some other problem which adversely impacts upon your business and/or its worth.
Then try finding and/or obtaining redress from the person who 'messed up'!
While I fully understand the financial pressures involved in business - I trust you would agree that it is always wise to be wary of buying (solely) on price – as (generally) 'in life', you ‘tend to get what you pay for’.
There is a reason why the word ‘cheap’ - is generally followed by the words ‘and nasty’ (as an English expression).
If you wanted to (initially) approach me, it would generally be extremely helpful for me - if you were able to provide me (ideally - before we might 'talk' in material detail) - with any (relevant further) information it would be sensible for me to be provided with - (I suggest) by providing some early details of the parties interested in the relevant matter, and sight of any appropriate copy correspondence and/or documentation already in existence (e.g. any and all relevant 'emails' and other 'papers' which are readily available) - so as to assist my understanding of the background, and (in particular) my understanding of all aspects and issues relevant to your matter.
Alternatively, a brief (if fuller to that which might already have been provided) synopsis of the background would generally be gratefully received.
I confirm that any and all information and 'papers' provided will be kept fully in accordance with my regulator enforced, professional obligations of strict confidentiality
I then generally suggest that we potentially advance matters - by us arranging to have an initial, entirely no-obligation, exploratory conversation (by telephone or other 'real-time' communication method) - aiming to concisely discuss the underlying situation that you are seeking to address (in appropriate detail) - so as to seek to outline the possible approaches and options available for you - hopefully, formulating a sensible course of action to be taken.
Following the above-suggested approach, I should be able - by virtue of my approach of working efficiently, effectively and in a timely fashion - to limit professional fees (in due course) - to a highly cost-effective sum, reflecting appropriate time budgeted assistance at sensible charging rates in accordance with your reasonable fees budget.
The aim is always to produce legal advice and assistance of an extent and for a fee that would objectively be considered appropriate - on a basis of 'what the legal advice and assistance is worth' to the recipient.
I believe you will find the above stated suggested initial approach to preparing to address matters to be the best way of seeking to deal with such a situation as you have identified would potentially benefit from a professional advisor's input.
Much background information on me (i.e. my qualifications, experience and expertise etc.) is available via my firm's website (and related web-links therefrom) - so please feel free to read the same at your leisure
I hope that (having read this 'Blog' post) you will take the opportunity to make direct contact with me in the near future (following the approach I outline) - so that we can advance such matters as you are seeking to address.
Regards
Dan.Johnson@EquitableLaw.com
+44 (0) 7788 537 187 = U.K. Cellular (& e-Telephone)
www.EquitableLaw.London
I accordingly thought that I would write this (relatively detailed) note for their (and my) benefit - seeking to set out how I suggest they should go about approaching me (for maximum mutual benefit).
I believe that firstly, you need to be clear that you are inclined to seek to use the professional legal advice and assistance services of a highly experienced, fully qualified and legally trading 'English Solicitor' (such as myself), who is working through my own (London based) Solicitors practice (= a professionally authorised and regulated firm of British lawyers) which specialises in business matters.
There is going to be a potential cost to such action, but if you are ready to commit to some financial outlay - we would hope to provide input which 'pays back' multiple times over periods to come.
If you do have legitimate commercial budgetary constraints - please be upfront about it, and allow us to understand underlying circumstances so that we can help you to set what should be reasonable legal spend.
Skilled solicitors are well versed in 'cutting cloth to suit a budget', so have that discussion (in early course) - and you may well be pleasantly surprised to discover your situation is a circumstance where with careful planning, a sensibly prepared scope of work may well meet your budget expectations.
Some of this firm's best and regular ongoing clients, were the subject of approaches to us at very early stages in their development (when budgets were 'tight'), but the efficient and cost-effective input we were able to provide - when those businesses' obtained 'maximum bang-per-buck', (in part) allowed them to 'blossom' into the significant enterprise they are today.
What I would (generally) NOT recommend is to 'buy a document online' or approach any of the numerous laymen - and (potentially) much, much worse - who seek to sell business advice and assistance (of a legal nature) over the internet - and whose abilities vary widely.
Please 'Be Warned' = Absolutely anyone can use the title 'Lawyer' (or 'Legal Advisor' etc.) with impunity in the U.K. (in relation to most areas of advising business on legal matters), whatever the relevant person's lack of qualifications, experience or expertise, absence of appropriate professional indemnity insurance cover, and/or potential history of grossly-negligent, non-competency etc.
If you are dealing with what I envisage are likely to be relatively material matters (as regards the ongoing business activities in which you are involved etc.) - I'd strongly suggest that you do use a Solicitor - So as to ensure that you receive the best possible legal advice and assistance in terms of dealing with your current legal requirements (and all future developments) - in an appropriately practical and effective manner (and most importantly - in a manner that you can rely upon as your business might develop further).
If you choose not to (or simply don't) take sensibly appropriate legal advice and assistance (now) in relation to the circumstances you wish to address - you potentially risk 'making a false economy', as I fear you may well spend time, effort (and financial resources) in a manner which risks being 'sub-optimal' (to put it mildly) - both in terms of the immediate effect of the initial advice and assistance that you might receive (and the relevant advice and assistance's ongoing legal effectiveness in the future - i.e. it's 'worth' in 'real world' practical use - when 'it comes to be tested').
Compared with (say) buying software - when you generally will become aware (fairly rapidly) if it is of poor quality and/or doesn't meet your needs - with legal work, such a position often only becomes apparent when you are involved in (say) a court action, the tax authorities are pursuing you or you have some other problem which adversely impacts upon your business and/or its worth.
Then try finding and/or obtaining redress from the person who 'messed up'!
While I fully understand the financial pressures involved in business - I trust you would agree that it is always wise to be wary of buying (solely) on price – as (generally) 'in life', you ‘tend to get what you pay for’.
There is a reason why the word ‘cheap’ - is generally followed by the words ‘and nasty’ (as an English expression).
If you wanted to (initially) approach me, it would generally be extremely helpful for me - if you were able to provide me (ideally - before we might 'talk' in material detail) - with any (relevant further) information it would be sensible for me to be provided with - (I suggest) by providing some early details of the parties interested in the relevant matter, and sight of any appropriate copy correspondence and/or documentation already in existence (e.g. any and all relevant 'emails' and other 'papers' which are readily available) - so as to assist my understanding of the background, and (in particular) my understanding of all aspects and issues relevant to your matter.
Alternatively, a brief (if fuller to that which might already have been provided) synopsis of the background would generally be gratefully received.
I confirm that any and all information and 'papers' provided will be kept fully in accordance with my regulator enforced, professional obligations of strict confidentiality
I then generally suggest that we potentially advance matters - by us arranging to have an initial, entirely no-obligation, exploratory conversation (by telephone or other 'real-time' communication method) - aiming to concisely discuss the underlying situation that you are seeking to address (in appropriate detail) - so as to seek to outline the possible approaches and options available for you - hopefully, formulating a sensible course of action to be taken.
Following the above-suggested approach, I should be able - by virtue of my approach of working efficiently, effectively and in a timely fashion - to limit professional fees (in due course) - to a highly cost-effective sum, reflecting appropriate time budgeted assistance at sensible charging rates in accordance with your reasonable fees budget.
The aim is always to produce legal advice and assistance of an extent and for a fee that would objectively be considered appropriate - on a basis of 'what the legal advice and assistance is worth' to the recipient.
I believe you will find the above stated suggested initial approach to preparing to address matters to be the best way of seeking to deal with such a situation as you have identified would potentially benefit from a professional advisor's input.
Much background information on me (i.e. my qualifications, experience and expertise etc.) is available via my firm's website (and related web-links therefrom) - so please feel free to read the same at your leisure
I hope that (having read this 'Blog' post) you will take the opportunity to make direct contact with me in the near future (following the approach I outline) - so that we can advance such matters as you are seeking to address.
Regards
Dan.Johnson@EquitableLaw.com
+44 (0) 7788 537 187 = U.K. Cellular (& e-Telephone)
www.EquitableLaw.London
Saturday, 12 October 2019
A Lawyer Writes To One Of Their Service Providers . . .
Dear [Redacted],
By way of (belated) confirmation of our conversation of last month – I confirm that my firm’s cash-flow is expecting NOT to include any payments to [your employer] for period(s) after 1st November 2019 (by virtue of the termination of my firm’s subscription to the [relevant] service - by reference to / after the relevant date).
This is NOT in any way a reflection of your personal performance – but rather, the sad (for [your employer]) result of your employer’s (frankly) greed (as rather arrogantly communicated to me by automatic systems).
As a working private practice lawyer, I have to habitually ensure that I am not ‘priced out of my market’ - by virtue of a small claimed fee leading to my potentially losing many multiples of such sum over years to come.
The analogy for your employer is that an attempt to gain an additional GBP £x00 in one year – has led to their losing an established multiple-year client, who has historically been prepared to pay GBP £x,000 p.a.
I hope that it is a useful lesson for both of our businesses . . .
With best wishes for your working week
Regards
Dan.Johnson@EquitableLaw.com
+44 (0) 7788 537 187 = U.K. Cell. (& e-Tel.)
www.EquitableLaw.com
By way of (belated) confirmation of our conversation of last month – I confirm that my firm’s cash-flow is expecting NOT to include any payments to [your employer] for period(s) after 1st November 2019 (by virtue of the termination of my firm’s subscription to the [relevant] service - by reference to / after the relevant date).
This is NOT in any way a reflection of your personal performance – but rather, the sad (for [your employer]) result of your employer’s (frankly) greed (as rather arrogantly communicated to me by automatic systems).
As a working private practice lawyer, I have to habitually ensure that I am not ‘priced out of my market’ - by virtue of a small claimed fee leading to my potentially losing many multiples of such sum over years to come.
The analogy for your employer is that an attempt to gain an additional GBP £x00 in one year – has led to their losing an established multiple-year client, who has historically been prepared to pay GBP £x,000 p.a.
I hope that it is a useful lesson for both of our businesses . . .
With best wishes for your working week
Regards
Dan.Johnson@EquitableLaw.com
+44 (0) 7788 537 187 = U.K. Cell. (& e-Tel.)
www.EquitableLaw.com
Social Media Posts = THINK!
Dear All,
I've been thinking (quite hard) recently about the concepts and practice of online communications.
Something quite strange happens to people (I acknowledge - occasionally including me), when 'one' is presented with a keyboard as a means of certain types of remote communication - With 'one's social media etc. posts habitually being formed in a quite different manner and content (generally) from (say) business emails.
I'll leave the psychologists in my life to explain the detail to me - but it's a resultant effect of something akin to the difference between communications between two vehicle drivers (= often snarling rage) -v- two pedestrians (= frequently over-done politeness) - often in much the same set of circumstances (save for the disassociation arising from the physical 'separation' of the relevant individuals) .
It was brought to my attention recently that many schools now use a 'THINK' acronym to teach appropriate communications to young people (not least for the purposes of avoiding bullying behaviour).
There are a number of variations to the acronym, but I'm going to record (not least, for my own assistance - in terms of easy reference):-
Is it Truthful?
Is it Hateful?
Is it Immoral?
Is it Necessary?
Is it Knowledgeable?
Why am I talking about this now?
The answer is that over the last few years, the tone and language of online discourse has become increasingly nasty, and many of us (for example - whether supporting leave or remain in the Brexit debate ) have been targeted by trolls of the worst kind, who use language to harass and intimidate us.
Personally, I was mainly helped by realising that most of my worst abusers were 'bots' (or possibly that they were completely unable to inter-react with a reasoned argument for some other reason?)!
If you follow THINK, you can still comment upon your the appalling state of British (& American) public life (and the inadequate nature and abilities of too many of the individuals involved) - while hoping to do good / no evil.
I hope that the above helps you - It has me . . .
Regards
Dan.Johnson@EquitableLaw.com
+44 (0) 7788 537 187 = U.K. Cell. (& e-Tel.)
www.EquitableLaw.com
I've been thinking (quite hard) recently about the concepts and practice of online communications.
Something quite strange happens to people (I acknowledge - occasionally including me), when 'one' is presented with a keyboard as a means of certain types of remote communication - With 'one's social media etc. posts habitually being formed in a quite different manner and content (generally) from (say) business emails.
I'll leave the psychologists in my life to explain the detail to me - but it's a resultant effect of something akin to the difference between communications between two vehicle drivers (= often snarling rage) -v- two pedestrians (= frequently over-done politeness) - often in much the same set of circumstances (save for the disassociation arising from the physical 'separation' of the relevant individuals) .
It was brought to my attention recently that many schools now use a 'THINK' acronym to teach appropriate communications to young people (not least for the purposes of avoiding bullying behaviour).
There are a number of variations to the acronym, but I'm going to record (not least, for my own assistance - in terms of easy reference):-
Is it Truthful?
Is it Hateful?
Is it Immoral?
Is it Necessary?
Is it Knowledgeable?
Why am I talking about this now?
The answer is that over the last few years, the tone and language of online discourse has become increasingly nasty, and many of us (for example - whether supporting leave or remain in the Brexit debate ) have been targeted by trolls of the worst kind, who use language to harass and intimidate us.
Personally, I was mainly helped by realising that most of my worst abusers were 'bots' (or possibly that they were completely unable to inter-react with a reasoned argument for some other reason?)!
If you follow THINK, you can still comment upon your the appalling state of British (& American) public life (and the inadequate nature and abilities of too many of the individuals involved) - while hoping to do good / no evil.
I hope that the above helps you - It has me . . .
Regards
Dan.Johnson@EquitableLaw.com
+44 (0) 7788 537 187 = U.K. Cell. (& e-Tel.)
www.EquitableLaw.com
Wednesday, 9 October 2019
'IR 35' - Forthcoming Changes From April 2020 - Don't Get Caught Out!
The 'IR35 legislation', was introduced by HMRC to crack down on a particular form of perceived tax avoidance - whereby individuals would seek to avoid paying employee income tax and national insurance contributions by supplying their services through an intermediary (usually a limited company) and paying themselves in dividends.
'IR35' may have started life as a simple press release in 2000, but it has since become a notorious and difficult area of law for businesses to understand (and hence comply with).
What is colloquially known as ‘IR35’ - generally refers to various separate (and quite 'inelegantly' drafted) legislative provisions – designed to deal with perceived inequality in taxation treatments of certain remuneration related payments - which position (in turn) arises from H.M. Govt.’s own (arguably illogical) taxation approaches to how businesses and individuals are taxed.
The relevant legislation habitually changes over time (as what are seen as ‘tax loopholes’ are ‘closed’); and the U.K. taxation system is about to undergo quite a significant ‘tightening’ in that regard (as I envisage many of you are aware and which may affect your businesses - operating in the private sector).
Specifically, in July 2019, H.M. Government published draft legislation implementing the Autumn 2018 Budget announcement that, with effect from April 2020, medium and large companies in the private sector that contract with personal service companies (PSCs) for the provision of workers' services will have to account for tax and national insurance through PAYE in the same way as the public sector has been required to do since April 2017. The legislation will be included in the 2020 Finance Bill - scheduled for the Autumn of 2019.
Accordingly, if you (and/or your businesses) are involved with PSCs - Now would be a good time to review your arrangements - If you wish to avoid HMRC scrutiny.
For further information, please do not hesitate to contact:-
Regards
Dan.Johnson@EquitableLaw.com
+44 (0) 7788 537 187 = U.K. Cell. (& e-Tel.)
www.EquitableLaw.com
'IR35' may have started life as a simple press release in 2000, but it has since become a notorious and difficult area of law for businesses to understand (and hence comply with).
What is colloquially known as ‘IR35’ - generally refers to various separate (and quite 'inelegantly' drafted) legislative provisions – designed to deal with perceived inequality in taxation treatments of certain remuneration related payments - which position (in turn) arises from H.M. Govt.’s own (arguably illogical) taxation approaches to how businesses and individuals are taxed.
The relevant legislation habitually changes over time (as what are seen as ‘tax loopholes’ are ‘closed’); and the U.K. taxation system is about to undergo quite a significant ‘tightening’ in that regard (as I envisage many of you are aware and which may affect your businesses - operating in the private sector).
Accordingly, if you (and/or your businesses) are involved with PSCs - Now would be a good time to review your arrangements - If you wish to avoid HMRC scrutiny.
For further information, please do not hesitate to contact:-
Regards
Dan.Johnson@EquitableLaw.com
+44 (0) 7788 537 187 = U.K. Cell. (& e-Tel.)
www.EquitableLaw.com
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