Pro Installer November 2018 - Issue 68 | Page 18

18 | NOVEMBER 2018 News Read online at www.proinstaller.co.uk IS MTD THE NEW GDPR? This last year was “the year of GDPR”. Much was made of GDPR in the news. That included the fact that the size of fines for abusing data had gone through the roof. Many companies climbed on the band-wagon and there was a lot of noise, some from people who frankly knew little about the subject. Once the May deadline had passed, it all seemed to go very quiet. Now, the big hairy regulatory development is MTD (Making Tax Digital) from HMRC and which we can all expect to hear a lot more about in the near future. Benjamin Dyer, CEO of Powered Now, looks at MTD and asks whether it is more or less significant than GDPR. When we look at Mak- ing Tax Digital it would be easy to think it will be a damp squid a little like GDPR turned out to be. That was particularly true for any smaller businesses not engaged in question- able data practices. It has certainly had little impact on installers. However, the bad news, at least in the short term, is that MTD is going to have a large impact on installers, even though MTD has had several false starts. In this article I will try to explain why. What is Making Tax Digital MTD is HMRC’s attempt to drag themselves, and us, into the 21st Century. It’s all about moving to computerised record keeping for all tax affairs. In the future we will be expected to communicate with HMRC electronical- ly both for business and with our personal affairs. We will also be expected to justify submissions to HMRC with electronic records that show how the numbers were put togeth- er. There is a rolling pro- gram of implementation over several years and some parts have already been implemented al- though there is currently a pause in the rollout of MTD for individuals. The next deadline for businesses is April 2019 when all VAT registered businesses are required to, for their first VAT period starting on or after April 2019, submit quarterly VAT returns electronically. An audit trail of transactions must be held electronically which justifies the VAT to- tals. This is different from submitting the VAT return online. There must be a direct connection from the new VAT return and the transactions that went into it. This information must be held on a computer. Then in April 2020 there is a requirement for all businesses with sales greater than £10k to submit a quarterly profit and loss statement for corporation tax reasons. Again, this must be backed up with electronic records that justi- fy the submission. The two deadlines mean effectively that all installers will have to keep electron- ic records of their sales and purchases. The dead- lines are April 2019 for businesses with sales over £85,000 and April 2020 for installers with sales over £10,000 i.e. pretty much everyone. There are a few exemp- tions from MTD based on religious objections, insol- vency, or practical issues like no internet connection available, disability and age. It is highly unlikely any of these will apply to a typical installer. Of course, HMRC have their own reasons for moving to MTD. One can speculate but the biggest driver seems to be to close the “tax gap” i.e. tax avoid- ance. What about the deadline Making Tax Digital is ex- pected to be the most fun- damental change to the tax administration system for more than 20 years. HMRC have already put various deadlines back a couple of times and it’s possible that they will again. Having said that, this now seems unlikely given that we are less than 6 months from the next deadline. After all, the provisions have already been put into law. Alongside the debate about whether the current deadlines will stay in place, it’s clear that enforcement will start very low key and then build up, with only warnings given for non-compliance in the first instance. Overall there is no point in wasting energy bemoan- ing the arrival of MTD. A number of countries have already implemented some- thing similar and there is no chance that it won’t happen here. Despite all of this, many installers remain unaware of MTD. Given that a re- cent survey by accounting software company Xero found that 25% of account- ants hadn’t heard of MTD, it’s hardly surprising that the rest of us are in the dark. The customer survey conducted by my company Powered Now found that awareness had dropped from 2017 to 2018, probably because of the delays. Only 15% knew about MTD. All this is probably because HMRC have been poor at communicating MTD. And with several deadlines already slipped, the accountants that do know about it are loathed to tell their clients until they are 100% sure of no further slippage. The impact on installers Despite the likely slow start in enforcement, all in- stallers will eventually have to comply with fines and the big stick. There has been a lot of discussion, particularly among accountants, of how compliance can be achieved. As a result of pressure from the accounting profession, HMRC have changed some of their guidance, particu- larly in relation to spread- sheets. The bottom line for installers is that records of sales and purchases must be kept in electronic form from April 2019 for those turning over more than £85,000 and from April 2020 for those turning over more than £10,000. VAT returns and quarterly profit and loss statements must be derived directly from these electronic records and submitted electronical- ly to HMRC.