Categories
Doing business in the UK

Company Formation in the UK: A Step-by-Step Guide

Choosing the UK for establishing your company offers significant benefits, positioning your business for success in a highly competitive global market. The journey of company formation might seem both promising and challenging as it requires careful attention to detail and regulatory standards.

Why Choose the United Kingdom for Your Company Formation?

Establishing a company in the UK offers numerous benefits for foreign businesses. The UK boasts a stable political and economic environment, making it an attractive destination for investment. With a transparent legal system and a business-friendly regulatory framework, the UK provides a conducive environment for companies to grow.

It is strategically positioned as a global business hub, offering easy access to European markets and beyond. The well-developed infrastructure, a skilled workforce, and a robust financial system further contribute to the appeal of the UK for business operations.

Additionally, the UK has a reputation for innovation and commitment to intellectual property rights, making it an ideal location for businesses in technology, research, and development. 

Procedures for Company Registration in the United Kingdom

  1. Understand UK Business Structures:  Before you start forming your business, it’s crucial to understand the different business structures available in the UK. You can choose from a private limited company, sole trader, or partnership, but each structure has advantages and considerations.
  2. Selection of Business Name: When selecting a name for a business, it is important to consider certain criteria. The name should be unique and not already in use. Additionally, the selected name should be free of any unpleasant or offensive words.
  3. A Registered Business Address: As per UK law, a new business is required to have a permanent address, which must be displayed on all internet sites, mailings, terms & conditions, databases, and other corporate papers. The registered address is where all official mail, including those from the HMRC Department, Companies House, and other agencies, will be delivered.
  4.  Articles of Association & A Memorandum: Drafting a set of articles of association & a memorandum are the founding documents of your company, they define how your company will be governed. This document outlines the responsibilities of directors, the distribution of profits, and the overall framework for decision-making within your company.
  5. Appointment of Directors and Company Officers: Selecting directors and other company officers is a significant aspect of company formation. The directors of the firm have a legal obligation to supervise operations and ensure accurate production and presentation of annual statements and accounts.
  6. Shareholders: The owner of your company can also function as the company director. You can incorporate a company with just one person, although you may have more than one shareholder if you prefer.
  7. Share Capital: You must issue at least one share, but there is no limit to the number of shares you can issue. However, the more shares you issue, the greater your liability will be in case your business experiences financial difficulties.
  8. A Standard Industrial Classification (SIC) code: This code is assigned by the government to identify your business based on its industry. You can use up to four SIC codes to describe your business activities. 
  9. Tax Registration: The registration process for various taxes, including Corporation Tax and Value Added Tax (VAT) and other legal documents, allows you to operate within the legal framework and make informed financial decisions.
  10. Registering the company: Company formation lies in registering with Companies House, the UK’s official register of companies, along with all the necessary documents. 
  11. Certificate of Incorporation: Once the company is established, you will receive a certificate of incorporation. This certificate verifies the legitimacy of the business and displays its organisation number and establishment date. 

United Kingdom Business Entities for Company Registration:

When choosing a business entity for company registration in the UK, it’s important to consider the nature of your business, your long-term goals, and the level of liability protection you desire. Let’s look at some of the Business Entities you can choose from here:  

1. Private Limited Company (Ltd)

Characteristics:

  • The most common and popular form of business entity.
  • Limited liability for shareholders, meaning their personal assets are protected.
  • Shareholders own the company, and their liability is limited to the amount unpaid on their shares.
  • Can be limited by shares or by guarantee.

Advantages:

  • Limited liability protects personal assets.
  • Attractive to investors and shareholders.
  • Perceived as a more credible and stable business structure.

Legal Requirements:

  • Must have at least one director and one shareholder.
  • Registered office in the UK.
  • Memorandum and Articles of Association must be submitted to Companies House.

2. Public Limited Company (PLC)

Characteristics:

  • Similar to a private limited company but can issue shares to the public.
  • Requires a minimum share capital of £50,000 before trading.

Advantages:

  • Can raise capital by selling shares to the public.
  • Perceived as more prestigious and established.

Legal Requirements:

  • Must have at least two directors and a qualified company secretary.
  • Must issue a prospectus before shares can be traded publicly.

3. Limited Liability Partnership (LLP)

Characteristics:

  • Combines the limited liability of a company with the flexibility of a partnership.
  • Suitable for professional services firms like law or accountancy practices.

Advantages:

  • Limited liability for partners.
  • No restrictions on the number of partners.

Legal Requirements:

  • Must have at least two designated members.
  • Annual accounts and an annual return must be filed with Companies House.

4. Sole Trader

Characteristics:

  • A business owned and operated by a single individual.
  • The simplest and most straightforward form of business.

Advantages:

  • Complete control and ownership by the individual.
  • Simplicity in terms of administration and reporting.

Legal Requirements:

  • The individual is personally responsible for all aspects of the business.
  • Must register for self-assessment with HM Revenue & Customs (HMRC).

5. Partnership

Characteristics:

  • A business owned and operated by two or more individuals.
  • Partners share profits, losses, and responsibilities.

Advantages:

  • Shared responsibilities and decision-making.
  • Simplicity in terms of administration.

Legal Requirements:

  • Partnerships are not separate legal entities from the partners.
  • Partners are personally responsible for the business’s debts.

6. Community Interest Company (CIC)

Characteristics:

  • A special form of limited company designed for social enterprises.
  • Must have a primary focus on community benefit.

Advantages:

  • Can attract social investment.
  • Limited liability for members.

Legal Requirements:

  • Must include a community interest statement in its articles of association.
  • Must submit an annual community interest report to Companies House.

7. Register as Branch or Subsidiary

Characteristics:

  • Foreign companies can establish a presence by registering as a branch or forming a subsidiary.

Advantages:

  • Allows international companies to operate in the UK, access local markets, and benefit from tax advantages.
  • Branches remain part of the parent company, while subsidiaries are distinct legal entities.

Legal Requirements:

  • Specific legal requirements may vary based on the chosen structure.
  • Both branches and subsidiaries typically need to comply with UK company laws, tax regulations, and reporting obligations.
  • Seeking professional advice is advisable to ensure compliance with local regulations.

United Kingdom Post-registration compliances for company registration

After successfully registering a company in the United Kingdom, there are several post-registration compliances and ongoing obligations that businesses need to fulfill to maintain legal compliance and operational transparency. Here are some of the key post-registration compliances for company registration in the UK:

1. Annual Accounts Filing: All companies (except for dormant companies) are required to file annual financial statements with Companies House. The financial statements consist of the balance sheet, profit and loss account, and notes on the accounts.

  • Timeline: Within nine months of the end of the financial year.

2. Annual Confirmation Statement: Every company must submit an annual confirmation statement (previously known as an annual return) to Companies House. This statement includes information about the company’s officers, registered office address, and share capital.

  • Timeline: At least once a year, within 14 days of the anniversary of the company’s incorporation.

3. Maintaining Statutory Registers: Companies are required to maintain various statutory registers, including the register of members, register of directors, and register of charges. These registers must be kept at the registered office or another location specified to Companies House.

  • Timeline: Ongoing.

4. Company Tax Return: Companies are required to file an annual tax return with HM Revenue & Customs (HMRC). This includes information on the company’s income, expenses, and any tax liabilities.

  • Timeline: Within 12 months of the end of the accounting period.

5. Annual General Meeting (AGM): While not mandatory for private limited companies, public companies must hold an AGM each year. Private companies can still choose to hold AGMs for specific purposes.

  • Timeline: Annually, within six months of the company’s financial year-end.

This is how UK Advisory Services can help you in establishing your company in the UK

Company formations in the UK demand meticulous attention to detail and compliance with regulatory standards. UK Advisory Services serves as your strategic partner in this process, offering expert guidance and support at every step. 

Our team of experts will ensure a seamless entry into the UK market. We will guide you through the registration process, and provide strategic insights, legal assistance, and ongoing support to ensure your business success. 

Contact us today on contact@ukadvisoryservices.com for a thorough consultation with our experts. 

Categories
Doing business in the UK

Customer Profiling in the UK: Understanding Your Target Audience

When entering a new market, foreign business owners and entrepreneurs often find themselves faced with the challenge of effectively connecting with their target audience. A crucial step in this is customer profiling.

What is Customer Profiling?

Customer profiling is a strategic method that involves creating detailed and comprehensive portraits of your ideal customers. It goes beyond basic demographics, diving deep into the behaviors, preferences, and needs of your target audience. 

You can choose to create customer profiles for your general customer base or for specific groups you are interested in, such as high-value customers, customers who are buying a new product or service, or those most likely to buy online versus in-store. By analysing these more detailed groups, your organisation can better understand the wants and needs of the key ‘segments’. This will increase personalisation and engagement, which in turn will help you maximise lifetime returns on customer relationships.

Creating the Base of Customer Profiling

  • Market Research and Competitor Analysis: Thorough market research is fundamental to successful customer profiling. It is important for you as a foreign business to invest time in understanding the industry and your competition. Analysing competitors can provide valuable insights into consumer preferences, helping businesses position themselves effectively.
  • Analysing Demographic Data: A significant component of customer profiling is analysing demographic data. This includes characteristics such as age, gender, income, education level, and more. By dissecting these factors, you can gain insights into the diverse segments of the UK population and have a data-driven approach that allows you to tailor your products and services accordingly.
  • Exploring Psychographic Elements: Going beyond demographics, psychographics delve into the psychological aspects of consumer behavior. This includes attitudes, interests, and lifestyle choices. Customer profiling should encompass an understanding of what motivates and drives your target audience, allowing businesses to connect with them on a deeper, more personal level.
  • Utilising Behavioral Insights: Another crucial aspect of customer profiling is examining behavioral patterns. It involves analysing how customers interact with products or services, purchasing habits, and online behavior. By understanding these nuances, foreign businesses can tailor their marketing messages and strategies to resonate with the specific behaviors exhibited by their target audience in the UK.

The Significance of Customer Profiling for Entering the UK Market 

  • Cultural Adaptation and Relevance: By engaging in customer profiling, businesses gain the insight needed to adapt their products, services, and marketing strategies to align seamlessly with the diverse culture of the UK. Understanding the cultural preferences and behaviors of the target audience enables foreign businesses to resonate authentically, fostering a deeper connection. 
  • Enhanced Marketing ROI through Personalisation: The UK market values personalised experiences, and customer profiling is the key to achieving this level of customisation. By understanding the wants and needs of specific customer segments, you can create tailored marketing campaigns that resonate with individuals on a personal level. This personalised approach not only increases engagement but also maximises the return on investment over the lifetime of customer relationships. 
  • Measure and Benchmark Business Performance: By systematically analysing customer data, businesses can gauge the effectiveness of their strategies, identify areas for improvement, and benchmark their performance against industry standards. As a foreign business, it will help you make informed decisions, refine tactics, and stay agile in the competitive landscape of the UK market. 
  • Compliance with Local Regulations: Customer profiling assists foreign businesses in aligning their marketing strategies with local regulations and ethical standards in the UK. By understanding the legal and regulatory requirements, you can avoid pitfalls and ensure operations comply, establishing trust with the local customer base. 

How to build an effective customer profile for the UK Market?

  • Conduct Comprehensive Market Research: Begin by conducting thorough market research to gather insights into the UK market. Understand the culture, regional variations, and demographic dynamics. This foundational research provides the groundwork for developing accurate and relevant customer profiles.
  • Define Your Target Audience: Clearly define your target audience by identifying specific characteristics such as age, gender, income levels, and interests. Understanding who your ideal customers are is essential for creating profiles that resonate with the preferences of your audience in the UK. 
  • Leverage Data Analytics: Data-driven insights enable businesses to identify patterns, preferences, and trends, forming the basis for creating detailed customer profiles. It includes online behavior, purchase history, and interactions with your brand. Data analytics tools can be used to collect and analyse customer data. 
  • Engage in Surveys and Feedback: Actively engage with your audience through surveys and feedback mechanisms. Direct input from customers provides valuable qualitative data that complements quantitative analytics. By understanding customer opinions, concerns, and expectations, businesses can enhance the accuracy of their profiles.
  • Segmentation Based on Behavior and Preferences: Segment your customer base based on behaviors and preferences. Identify key characteristics that distinguish different groups within your audience. This segmentation allows for more targeted and personalised marketing strategies tailored to the specific needs of each customer segment.
  • Regularly Update and Refine Profiles: The businesses evolve, and customer preferences change over time. Regularly update and refine your customer profiles to stay abreast of shifting trends and behaviors. This iterative process ensures that your strategies remain relevant and aligned with the dynamic nature of the UK market. 

How can we help you?

Our team at UK Advisory Services is well-versed in the intricacies of the UK business landscape and is dedicated to supporting foreign businesses in their market entry strategies. We provide comprehensive data-driven insights to aid the process of customer profiling. We assist you in understanding regional nuances, complying with local regulations, and creating personalised marketing strategies.

UK Advisory Services is your strategic partner for success, helping you build customer profiles that resonate authentically and drive lasting connections with your target audience. Write to us at contact@ukadvisoryservices.com to book a consultation and strategise your business growth with our experts. 

Competitor Analysis Success in the UK 

In the dynamic and competitive UK business landscape, understanding your competitors is crucial for achieving success. A comprehensive competitor analysis provides valuable insights into the strengths, weaknesses, and strategies of your competitor, enabling you to craft a well-informed and effective launch marketing campaign that sets your business apart.

The Significance of Competitor Analysis

Competitor analysis is vital for a winning marketing strategy. By understanding your competitors, you can:

  1. Identify your competitive advantage: Pinpoint your unique selling points and areas where you excel compared to your competitors.
  2. Understand market trends: Gain insights into industry trends, customer preferences, and emerging technologies to stay ahead of the curve.
  3. Refine your positioning: Differentiate your brand and products from competitors, highlighting your unique value proposition.
  4. Develop effective marketing strategies: Craft targeted campaigns that resonate with your target audience and effectively counter competitor tactics.
  5. Pricing and Positioning: Through competitor analysis, you can determine the optimal pricing strategy for your products or services. It also helps you position your business appropriately in the market, whether it’s as a cost leader, niche specialist, or premium provider.

Steps to Effective Competitor Analysis

  1. Identify Your Competitors: Start by identifying who your direct and indirect competitors are in the UK market. This includes businesses that offer similar products or services or target the same customer segments.
  2. Analyse Their Offerings: Examine the products or services your competitors offer, including their features, quality, and pricing.
  3. Understand Their Target Audience: Determine who your competitors are targeting and what customer segments they are most successful with.
  4. Evaluate Their Marketing Strategies: Investigate how your competitors are marketing their products or services. Analyse their online and offline presence, advertising, content, and social media strategies.
  5. Assess Their Online Reputation: Check online reviews, social media comments, and customer feedback to gauge your competitors’ reputation and customer satisfaction.
  6. Track Their Performance: Look into your competitors’ financial performance, growth trends, and market share.

Building Your Marketing Lunch Campaign

Once you’ve gained an understanding of your competitors, you’re better equipped to develop an effective launch marketing campaign in the UK. You can consider these steps as a guide:

  1. Craft a Unique Value Proposition: Utilise the insights from your competitor analysis to create a compelling and unique value proposition that addresses customer needs not fully met by your competitors.
  2. Target the Right Audience: Develop a detailed customer persona based on your competitor analysis to ensure your marketing efforts are directed toward the right audience.
  3. Differentiate your messaging: Craft unique and compelling messaging that highlights your competitive advantage and sets you apart from competitors. 
  4. Choose effective marketing channels: Select the most appropriate marketing channels based on your target audience and budget, considering both traditional and digital platforms.
  5. Set Clear Goals and Metrics: Establish measurable goals for your marketing campaign, such as lead generation, website traffic, or sales conversion rates. Regularly track and analyse performance metrics.
  6. Monitor and adapt: Continuously track campaign performance and adapt strategies based on market trends and competitor actions.

Competitor analysis is the foundation on which you can build a successful market launch campaign for your business. By understanding your competitors, you can identify opportunities, refine your strategies, and create a strong presence.

With UK Advisory Services you get the expertise, support, tools, and resources that you need for a successful market entry in the UK.

Contact us to book a consultation today. 

Categories
Doing business in the UK

Securing Financial Assistance as a Foreign Business in the UK: A Practical Guide to Business Grants and Tax Credits

Expanding your business to the UK as a foreign organisation can be challenging, especially from a financial perspective. However, the UK government offers a variety of business grants and tax credits to help businesses of all sizes overcome these financial hurdles but sometimes it can be difficult to understand the process for making such applications. This is where our experts at UK Advisory Services can assist and guide you.

Our experts can help you in identifying the most relevant funding opportunities for your business, and assess your eligibility so that you can choose what’s best for your business. 

Understanding the Business Grants & Tax Credits for Foreign Businesses

  1. Business grants are non-repayable funds provided by government bodies, local authorities, and private organisations to help businesses achieve specific objectives. These grants are typically awarded to businesses that are engaged in activities that promote economic growth, innovation, and social or environmental good.

  2. Tax credits are financial incentives provided by the government to reduce the amount of tax that businesses owe.

Both of these can vary significantly in terms of eligibility criteria, funding amounts, and application processes.

Types of Business Grants and Tax Credits

There is a wide range of grants and tax credits available to help foreign businesses. Here are some of the most widely-used schemes:

Small Business Research Initiative (SBRI): The SBRI is a government-funded scheme that supports businesses to develop innovative solutions to real-world problems. It works by matching small businesses with public sector organisations that require innovative solutions. The public sector organisations provide the funding for the projects, and the small businesses develop and deliver the solutions.

Innovate UK: Innovate UK is a government agency that provides funding and support to businesses that are developing new products, processes, and services. The agency’s goal is to help businesses to grow and succeed by supporting innovation.

The agency’s goal is to help businesses to grow and succeed by supporting innovation. The agency’s funding programs can help businesses to:

  • Develop new products and services
  • Improve existing products and services
  • Commercialise new technologies
  • Internationalise their businesses

Regional Growth Fund (RGF): The RGF is a UK government-funded scheme that provides grants to businesses that are creating jobs and growing the economy in their region. The RGF has a proven track record of success in helping businesses to create jobs and grow the economy in their region. The fund has helped to create over 100,000 jobs and invest over £10 billion in the UK economy.

Enterprise Investment Scheme (EIS): The EIS is a tax relief scheme for individuals who invest in small, growing businesses. It is designed to encourage investment in these businesses, which can be riskier but also have the potential for higher returns. To be eligible for the EIS, a business must meet certain criteria, such as:

  • Having fewer than 250 employees
  • Having less than £15 million in gross assets
  • Being trading or planning to trade within two years of receiving investment

Investors in EIS-qualifying businesses can claim several tax reliefs, including:

  • Income tax relief of up to 30% of the investment amount
  • Capital gains tax relief on any profits made from the investment
  • Inheritance tax relief on the value of the investment, if it is held for at least two years

The EIS has several benefits for both investors and businesses. For investors, the EIS offers the potential for high returns and tax reliefs. For businesses, the EIS provides access to capital that they may not be able to obtain from banks or other traditional lenders.

Seed Enterprise Investment Scheme (SEIS): The SEIS is a tax relief scheme for individuals who invest in early-stage businesses. It is similar to the Enterprise Investment Scheme (EIS), but it offers even more generous tax reliefs to investors.

To be eligible for the SEIS, a business must meet certain criteria, such as:

  • Having fewer than 25 employees
  • Having less than £200,000 in gross assets
  • Having been trading for less than two years

Investors in SEIS-qualifying businesses can claim several tax reliefs, including:

  • Income tax relief of up to 50% of the investment amount
  • Capital gains tax relief on any profits made from the investment
  • Inheritance tax relief on the value of the investment, if it is held for at least two years

The SEIS is a popular program for investors who want to invest in early-stage businesses with high growth potential. It offers several generous tax breaks and other advantages, making it a very appealing investment opportunity.

Research and Development (R&D) tax credits: R&D tax credits are a tax relief scheme for businesses that are investing in research and development activities. The scheme is designed to encourage businesses to invest in innovation and to help them to commercialise their research findings.

To be eligible for R&D tax credits, a business must meet certain criteria, such as:

  • The research must be new and innovative, and it must have the potential to lead to the development of new products, processes, or services.
  • The research must be conducted at a commercial scale.
  • The business must be able to demonstrate that the research has incurred costs.

If a business is eligible for R&D tax credits, it can claim a percentage of its research and development expenditure back from HM Revenue and Customs (HMRC). The percentage of tax relief that a business can claim depends on the type of research that they are conducting.

Business Grants and Tax Credits Statistics from the last five years

1. Below are the business grants provided to foreign businesses in the last five years.

This data is specifically from the UK government’s Department for Business, Energy & Industrial Strategy (BEIS). 



2. Below are the statistics of Tax Credits granted to foreign businesses by the UK government under Her Majesty’s Revenue and Customs (HMRC).

Steps to Follow when Applying for Business Grants or Tax Credits:

Identify Your Business Needs: The first step in applying for business grants or tax credits is to identify your specific business needs. What areas of your business could benefit from financial support? Whether you are looking for funds, research and development, create new jobs, or implement sustainable practices? Once you have a good understanding of your needs, you can start to research the various grants and tax credits that are available.

Research Available Grants/Tax Schemes: Research the various grants and tax Schemes available in the UK. You can find comprehensive information on government websites, local business support organisations, and through professional advisors. When researching grants and tax credits, it is important to consider the following factors:

  • Eligibility criteria: Make sure that your business meets the eligibility criteria for the grants and tax credits that you are interested in.
  • Funding amount: Consider the amount of available funding and whether it is sufficient to meet your needs.
  • Application process: Familiarise yourself with the application process and the required documentation.
  • Deadline: Be aware of the deadlines for submitting applications.

Eligibility Assessment:  Once you have identified a few grants or tax credits that you are interested in, you should carefully assess your eligibility. This involves reviewing the eligibility criteria and making sure that your business meets all of the requirements. If you are unsure about your eligibility, you should contact the grant or tax credit provider for more information.

Prepare a Strong Application: When applying for business grants or tax credits, it is important to submit a well-prepared application. This includes:

  • Clearly outline your business objectives and how the grant or tax credit will help you achieve them.
  • Providing detailed information about your business, including its financial performance and growth plans.
  • Submitting all of the required documentation.

Professional Advice: Given the complexity of tax credit & grants schemes, it’s advisable to seek advice from professionals who can guide you through the application and claims process. Their expertise can help you maximise your benefits.

The experienced UK Advisory Services team will work with you to identify the most relevant funding opportunities and develop winning market launch strategies for your business. Contact us today to schedule a consultation.

Categories
Employment Law

What are the essentials of an employment contract

In the UK, it is not only a legal requirement that employers have a contract of employment in place for all of their employees but also good business sense as it essentially lays down a set of ground rules between the two parties. Here, we look at what are the essentials of an employment contract.

What is an employment contract?

Employment contracts are largely governed by the same core principles of any contract. There must be an intention between the parties to enter into legal relations. An offer must be made and must be accepted, and there must be consideration.

Under the Employment Rights Order 1996, employers are required to provide an employee with a written statement of certain terms and conditions including for example, the employee’s job title with a brief description of the role, contracted hours, remuneration, notice of termination, and pension arrangements, to name but a few.

This written statement must be provided within two months of the employee commencing their employment with the employer. Terms such as these would typically be found as express terms in a contract of employment. However, contractual terms do not necessarily need to be written down in an employment contract in order to be legally binding.

What should be included in a contract of employment?

1. Names of the Parties

The employer’s organisation details and the employee’s full name and address.

 2. Start Date

This is important as it also includes a brief statement to say that employment with a previous employer does not count towards the various rights gained by employees after one and two years of service. In other words, the employee starts again from zero with the new employer. 

3. Job Title and Description

This usually follows the job title and description specified in any recruitment advertisement and subsequent offer letter. However, to suit the employer, it also allows for flexibility in the employee’s role.

4. Place of Work

Allows the employer to specify the location where the employee will work. However, it also allows the employer to specify any other location in the future. 

5. Hours of Work

The employee’s hours are specified in the contract; however, the employee also agrees to work additional hours if the employer reasonably requests it. However, the hours cannot exceed the 48-hour per week as specified by the Working Time Regulations.

6. Probationary Period

The employer can specify a trial period for the employee with the option of a short notice period at the end of the trial if the employee does not fulfil expectations. The employer can also extend the trial period.

7. Salary

Details the employee’s gross salary before tax, national insurance, and any deductions. It also specifies when payment is made.

8. Assessments

The employer can state when the employee will receive their first work assessment and the timing of all subsequent regular assessments, for example, every 12 months.

9. Deductions

This clause details all the circumstances in which the employer can make deductions from the employee’s salary.

10. Expenses

The employer can agree with the employee on which work-related expenses will be covered and when the employee will be reimbursed. However, to prevent errors and possible fraud, the clause makes it clear that proof of payment is required.

11. Holidays

This clause specifies when the holiday year will run from. It allows the employer to specify the number of days per year that an employee can take (subject to a statutory minimum of 28 days) and whether bank and public holidays are included or excluded from this. 

12. Sickness & Disability

This clause states by what time the employee must inform the employer that they will be unable to attend work (it does allow for a third party to contact the employer on the employee’s behalf). The clause also states when a doctor’s certificate is required and whether the employee will receive statutory or contractual sick pay. It is recommended that organisations have a separate Sickness & Absence Policy.

13. Pension

This clause states the pension provision provided by the employer; all employers have a duty to provide a pension scheme.

 14. Notice

The notice period to be given by either the employer or the employee. However, this clause also provides a detailed list of actions that constitute gross misconduct allowing the employer to dismiss without giving notice.

15. Grievance and Disciplinary Procedure

This clause refers to the detailed separate Grievance and Disciplinary Policy. A disciplinary procedure is used by an employer to address an employee’s conduct or performance. A grievance procedure is used to deal with a problem or complaint that an employee raises.

16. Retirement

Refers to a separate Retirement Policy – which every organisation should have in place. This clause and the retirement policy ensure compliance with the Equality Act 2010.

17. Particulars of Employment

Under Section 1 of the Employment Rights Act 1996, all employee contracts must set out the main terms of the contract in a separate schedule. This is so that the employee (and the employer) can easily refer to this schedule when they wish to remind themselves of the main terms.

We hope you have found this post on What are the essentials of an employment contract useful.  Should you have any questions, please do not hesitate to contact a member of the team here.

Categories
Doing business in the UK Tax

A Guide To EIS and SEIS Investments

The Government’s SEIS and EIS investment programmes offer investors generous tax breaks to invest in new businesses. They invest, you get the funding, and they get a tax break. It’s an immensely successful idea, with more than £23 billion raised for more than forty thousand companies since 1993. Here, we provide a guide to EIS and SEIS Investments.

What is the difference between EIS and SEIS?

The key difference between SEIS and EIS is that SEIS is explicitly targeted at start-ups and early-stage businesses, whereas EIS can be used by larger companies.

Seed Enterprise Investment Scheme; SEIS targets investment for early-stage companies – those with less than two years trading history and 25 employees. Individual investors (no companies) can invest up to £100,000 in an SEIS business per tax year. SEIS companies can accept no more than £150,000 SEIS funding total.

Enterprise Investment Scheme: EIS supports larger and more established businesses – those with up to seven years of trading history and 250 employees. Individual or corporate investors can invest up to £1 million per tax year. The company can accept up to £5 million per tax year and no more than £12 million in EIS funding total. Corporate investors in EIS do not receive tax relief on their investments.  

EIS has different criteria for Knowledge Intensive Companies (KIC) – which are typically those with high research/development costs and requirements. These companies can accept EIS funding within ten years of trading and may have up to 500 employees. They can also accept up to £10 million per tax year and up to £20 million EIS funding total.

Note: from April 2023 the amount a business can receive in SEIS funding is going up to £250,000, the amount an investor can contribute is going up to £200,000, and the maximum age of the business able to take advantage of the scheme is increasing from 2 yrs to 3 yrs.

Who is eligible?

Businesses wishing to participate in SEIS or EIS must meet the following criteria –

SEIS:

  • Be new or trading for less than two years
  • Be a qualifying trade or business (see more here)
  • Be established in the UK
  • Not trading on a recognised stock exchange at the time of the share issue
  • Not be preparing to become a quoted company or a subsidiary of one at the time of the share issue
  • Not be in control of another company unless that company is a qualifying subsidiary
  • Not be controlled by another company since incorporation
  • Not have gross assets over £200,000 when the shares are issued
  • Not be a member of a partnership
  • Have less than 25 full-time equivalent employees in total when the shares are issued.

EIS:

  • Be new or trading for less than seven years, (ten for KIC)
  • Be a qualifying trade or business (see more here)
  • Be established in the UK
  • Not trading on a recognised stock exchange at the time of the share issue
  • Not be preparing to become a quoted company or a subsidiary of one at the time of the share issue
  • Not be in control of another company unless that company is a qualifying subsidiary
  • Not be controlled by another company or does not have more than 50% of its shares controlled by another company
  • Not have gross assets over £15 million when the shares are issued
  • Have less than 250 full-time equivalent employees in total when the shares are issued (500 employees for KIC).

Note: Businesses that have already received investment through the Enterprise Investment Scheme (EIS) or from a venture capital trust, cannot use SEIS.

How much can my business raise?

To qualify for tax relief, there are maximum investments companies can accept in SEIS or EIS:

  • SEIS – up to £150,000 total
  • EIS – £5 million in one year and up to £12 million total, or £20 million for KIC

What can the funds be used for?

SEIS and EIS have rules for the use of raised funds:

  • SEIS – funds must be spent within three years of investment
  • EIS – funds must be spent within two years of investment.

Funds must be spent on either:

  • A qualifying trade
  • Preparing to carry out a qualifying trade
  • Research and development that’s expected to lead to a qualifying trade
  • SEIS investments cannot be used to buy shares, unless the shares are in a qualifying 90% subsidiary that uses the money for a qualifying business activity. EIS investments cannot be used to buy shares in any company.

We hope you have found this post on A Guide To EIS and SEIS Investments useful.  Should you have any questions, please do not hesitate to contact a member of the team here. 

Corporation Tax in the UK

When a business commences trading in the UK, they will soon discover that corporation tax is one of the most important taxes they’ll have to calculate and pay. Here, we explore corporation tax in the UK.

What is Corporation Tax

Corporation tax is paid by UK limited companies and some other organisations. It is based on the annual profits that a company makes. All profits are taxable however, certain specific expenses can be deducted, and there are allowances you can make use of to help reduce your tax liability.

Corporation tax specifically applies to the following for a limited company:

  • Trading profits – earnings generated from doing business
  • Investments
  • Selling assets such as land, property, shares, and machinery for a chargeable gain

Corporation tax has to be paid by all UK limited companies. Sole traders and partnerships don’t pay corporation tax, instead, they have to fill out a tax return and apply income tax to their earnings.

There are, however, other organisations that may need to pay corporation tax despite not being incorporated as limited companies. These include:

  • Housing associations
  • Membership organisations
  • Clubs and societies
  • Co-operatives

The corporation tax main rate in the UK is set at 19% for all business profits. The rate will remain at this level for the next 2 years.

How to register for corporation tax and responsibility

When starting up through a limited company, you’ll need to register for corporation tax. You can do this through HMRC on the Gov.uk website. Details you’ll be asked to fill in include:

  • Company name
  • Registration number
  • Your business start date (the start date on your company’s accounting period)
  • The main address
  • Type of business
  • Name and home addresses of the directors

You have to do this within 3 months of commencing trade. It’s the duty of the company director to fill in the company tax return, file it, and then pay the bill. You can hire an accountant to do this on your behalf however, responsibility from a legal perspective still rests with a director. 

When does corporation tax have to be paid?

The corporation tax filing deadline is different to other taxes. It has to be paid before you file your company tax return. This means the date it needs to be paid depends on your corporation tax accounting period.  

You have to settle your corporation tax bill nine months and one day after the end of your accounting period from the previous financial year. If your accounting period ends on 31 December then your bill will be due on 1 October.

Tax Reliefs

The following are things you can explore to help you potentially reduce an organisations corporation tax bill.

1. Expenses

There are certain specific business expenses that help keep your business running, this means you can claim them by deducting them from your income when calculating your company profit. Consequently, you don’t pay tax on these items. Check out this post for a full list of HMRC allowable business expenses. 

2. The Super Deduction

In the Budget 2021, the Chancellor announced the Super Deduction. If your business is allocating funds for investment then you could be entitled to this tax allowance. If that investment is in qualifying plant and machinery from April 1 2021 then you’ll benefit from a 130% write-off against your taxable profits for that expenditure.

3. R&D tax relief

If you develop new products, processes or services, or improve those that are already in existence whereby they lead to an advance in science or technology you could qualify for R&D tax relief.

Where this is the case and depending on if you qualify under the SME scheme, tax relief is provided in one of two ways. If your business is profitable then tax relief is provided in the form  of an enhanced deduction from taxable profits at a rate of 130% of the qualifying R&D expenditure.

In instances where your business is loss-making, you can surrender all or part of the loss for a 14.5% repayable tax credit from HMRC. This means you can receive a cash payment from HMRC.

4. The patent box

If your business generates profits from patented products, services, or processes then you could reduce your tax liability. The Patent Box Tax Regime works by allowing you to lower your corporation tax liability to 10% for profits that can be attributed to patents that generate income in the UK and Europe. 

5. The Annual Investment Allowance (AIA)

The AIA is a tax allowance for capital expenditure, namely the purchase of equipment in the form of tools and machinery. It works whereby you can deduct this specific expenditure, subject to a limit, from your taxable profits for the tax year.

6. Capital allowances on property

Capital allowances ensure capital expenditure can be expensed against your annual pre-tax income. You should therefore review the expenditure you’ve incurred on your commercial property to determine whether you qualify for capital allowances. This allows you to look back historically too as the claim doesn’t have to be made when the costs were incurred. This means you could claim missed allowances dating back several years.

7. Employee share schemes

You may be able to obtain a deduction in corporation tax if you make use of a qualifying employee share scheme. Be sure to seek advice on which schemes this applies to and which one is best suited to your business circumstances.

8. Training

Training and related subscriptions that are relevant to your business can be paid for by the company. This ensures your employees don’t then incur an income tax charge on this cost. For the company these costs are tax deductible.

9.  A staff party

If you provide an annual staff party, say during the Summer or at Christmas, at a cost of up to £150 per head then this is tax free for your staff and tax deductible for the company. Such events are a reward to staff for their efforts, helping to build up employee brand loyalty.

10. Losses 

Be sure to make use of loss reliefs where this is relevant. Depending on the losses, these can potentially be carried back to a previous year which generates a tax refund, or even used against future profits.

To learn more about Corporation Tax in the UK, contact one of our experts here.  

The material contained on this website contains general information only and does not constitute legal or other professional advice and should not be relied upon as such. While every care has been taken in the preparation of the information on this site, readers are advised to seek specific legal advice in relation to any decision or course of action.

Categories
Doing business in the UK

‘I’m setting up a business in the UK – what visa do I need?’

If you are thinking of setting up a business in the UK from abroad, there are a number of things you need to consider. In this post, we discuss the fundamentals of setting up a business in the UK from abroad, and seek to answer the question: ‘I’m setting up a business in the UK – what visa do I need?’

Who can start a business in the UK?

If you to start a business in the UK as a foreigner, you’ll need to firstly determine your legal status.

EU citizens who lived in the United Kingdom before January 1, 2021, may be eligible for the EU Settlement Scheme, however, most foreign people will need to apply for a work visa before they’re able to start a business in the country. As long as you have the right to work and live in the United Kingdom, you can work as a freelancer, be self-employed, or start a business. 

Which Visa do you need to start a business in the UK?

There are several types of UK visas that can be of use to individuals who are looking for a route to starting their own business in the UK.

Innovator visa

Innovator visas have similar rules to the now-defunct entrepreneur visa and are for people who desire to start a new business in the United Kingdom. If you want to apply for this visa type, you have to make sure your business idea is unique and it’s endorsed by an approved body.

You must have at least £50,000 in investment capital, or have invested this sum already in the previous year. If you haven’t invested the money yourself, it must come from a government-endorsed funding competition, a venture capital fund registered with the Financial Conduct Authority, or a UK government department.

You must also adhere to some other rules too, such as demonstrating you are from a majority English-speaking country or have taken an accredited English language examination.

Visas are £1036, or £1292 if outside the UK, and last for three years. You can extend your visa by a further three years if you meet the criteria.

Start-up visa

You can apply for a start-up visa if you have an endorsement from a UK higher education institution or an organization with a history of supporting UK entrepreneurs.

You’ll need to prove your business idea is new, innovative, and with potential for growth. Applications for Start-up visas can be made from outside the UK, but it is also possible to switch into the Start-up visa category from within the UK provided you do not have, or were not last granted, permission as a Visitor, Short-term Student, Parent of a Child Student, Seasonal Worker, Domestic Worker in a Private Household or outside the Immigration Rules. Fees are £308 for someone applying from outside of the UK, and £508 for someone switching.

You can stay in the UK for two years with a start-up visa. You can’t extend a start-up visa, but they can switch to an entrepreneur visa upon expiry in some circumstances.

Global talent visa

If you’re a leader either in academia or research, arts and culture, or digital technology, you can apply for a Global Talent Visa in the UK. The application cost is £608. 

Under this category, you can work in the UK for up to five years.

UK Expansion Worker Visa

The UK Expansion Worker visa is a new sponsored route for established overseas businesses who wish to set up a branch or subsidiary in the UK. It allows eligible businesses to sponsor an existing senior manager or specialist worker when being assigned to the UK for a temporary period of time to undertake work related to the expansion of a business in the UK.

Applicants must be at least 18 to qualify for a UK Expansion Worker visa. The applicant must also already be working for a linked overseas business on the date of application and, unless they fall within an exception, have worked for that business for a prescribed minimum period. The UK Expansion Worker visa requires the worker to have a UK sponsor.

To apply for a UK Expansion Worker visa, there are various costs involved. In addition to needing funds of at least £1,270, where applicable, the applicant will need to pay an application fee of £259 and the annual immigration health surcharge of £624.

High Potential Individual Visa (HPI)

The High Potential Individual Visa is available to recent graduates of top global universities who wish to work or look for work, in the UK.  

The High Potential Individual route does not lead directly to settlement in the UK. However, before your leave expires, you may be able to apply from within the UK to switch to another immigration route which does lead to settlement. Applicants may be joined or accompanied by a partner and dependent children.

The cost of the HPI visa is £715.

How can UK Advisory Services help?

UK visas and immigration are complex, so it can be difficult to navigate the visa application process by yourself. If you make a mistake in your application, your visa may be refused. This is why it is highly recommended that you seek the complete assistance of a professional immigration lawyer.

At UK Advisory Services, we can connect you with a team of expert business immigration solicitors who have had success with thousands of visa applications and will work tirelessly to give your application the best chance of a successful outcome. Contact us today to learn more.

Categories
Doing business in the UK

Why your business should invest in the UK

Are you thinking of setting up a business in the UK? Are you a foreign national wanting to expand your reach? Establishing a UK business will provide your business with access to one of the largest start-up communities in the world. The UK has long been recognised as a leading global business centre with a world-class regulatory and legal system. Here, we explore Why your business should invest in the UK.

Businesses that invest in the market can access a market of more than 60 million consumers, diverse suppliers, and partners, and benefit from a range of programmes to help businesses of all shapes and sizes grow.

The UK is one of the most innovative countries in the world – ranked in the top 5 countries in the Global Innovation Index 2019. Many of the world’s biggest and most dynamic companies – including Google, Facebook, Amazon, Coca-Cola – have chosen the UK as their European headquarters.

Here, we look at why your business should invest in the UK.

Low business operating costs

The UK has relavitely low taxes, fair but competitive tax rules, and generous tax relief for innovation. These conditions are essential for businesses to establish themselves successfully and profitably.  

Access to a highly skilled workforce

When you set up to the UK, you’ll gain access to graduates from four of the world’s top ten universities, combined with the skill, commitment, and flexibility of the country’s workforce are recognised as proven commercial assets by the thousands of international companies that have already invested in the UK.

With a labour force of 32 million and an employment rate of around 75%, the UK is one of the top European economies for attracting, cultivating and retaining global talent. With such a mobile labour force in a geographical area half the size of France, businesses can access the skills they need from anywhere in the UK.

A robust infrastructure

The UK has a digital infrastructure that supports a tech sector larger than the rest of Europe combined and is home to the largest air transport system in Europe connecting the UK globally.

With over 70 airports, 40 major ports, excellent rail links and toll-free motorways, the UK has the ideal combination of infrastructure components to move goods and people around the country in simple, affordable ways.

How can we help?

UK Advisory Services is a carefully selected global network of SME independent professionals who can help you establish a solid foundation for your business in the UK. We also support UK businesses looking to expand into new markets. Contact us to learn more.

The key things you need to know when setting up a business in the UK: Part One

Starting a business in the UK can be complex, especially if you’re from outside of the European Union. You need to consider the different types of company structures, tax, administration, and whether you need a visa. In this post, we look at the key things you need to know when setting up a business in the UK: part 1.

Know the market

In the UK, there are around six million private sector businesses, according to official government data, and this figure is growing. Since 2000, the number of businesses in the UK has increased by 2.4 million.

Three-quarters of UK businesses don’t have any employees, meaning they’re owned by self-employed sole-traders or partnerships. Around five million UK residents are registered as self-employed, amounting to 15% of the overall workforce.

Data from the Office for National Statistics show the most common sectors for self-employed workers are as follows: construction (920,000), scientific or technical activities (643,000), vehicle sales or repairs (396,000), administration and support services (361,000), and health and social work (349,000).

At the time of writing this post, anyone from within the EU, with the exception of residents from Bulgaria and Romania, can set up a business in the UK without special permission.  However, as the terms of Brexit are currently being negotiated, this is likely to change in the immediate future.  If you’re from a country outside of the EU or EEA, you may need a visa.

How to Obtain a UK Visa

There are several different types of visa those looking to break into the UK market may require:

Innovator visa

To obtain an innovator visa, you must have at least £50,000 in investment capital or have invested this sum already in the previous year. If you haven’t invested the money yourself, it must come from a government-endorsed funding competition, a venture capital fund registered with the Financial Conduct Authority, or a UK government department.

You must also adhere to some other rules too, such as demonstrating you are from a majority English-speaking country or have taken an accredited English language examination.

Visas cost £1,021 and last for three years. You can extend your visa by a further three years if you meet the criteria.

Start-up visa

You can apply for a start-up visa if you have an endorsement from a UK higher education institution or an organization with a history of supporting UK entrepreneurs. You’ll need to prove your business idea is new, innovative, and with potential for growth. Fees range from £308 to £363.

You can stay in the UK for two years with a start-up visa. You can’t extend a start-up visa, but they can switch to an entrepreneur visa upon expiry in some circumstances.

About us

At UK Advisory Services, we specialise in helping overseas businesses and ambitious entrepreneurs across the globe helping to set up and establish a presence in the UK. Our advisors have decades of experience in helping businesses set up in the UK, specialising in end-to-end market entry.

We hope that you’ve found this post on ‘The key things you need to know when setting up a business in the UK: Part One’ useful.  If you have any questions or if you’re looking to set up business in the UK get in touch today to see how we can help you.