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HMRC/Tax

When speaking with clients we are often asked to source invoice discounting facilities on their behalf. When I press the prospect on why they want invoice discounting it is often because they feel the facility is confidential and they want to retain control of their credit control.

I think traditionally invoice discounting was confidential but I am seeing more and more lenders insisting upon disclosure and disclosed invoice discounting seems to be more common.

If you are looking to retain control of your credit control then invoice discounting whether confidential or disclosed will meet your needs. You may also consider a CHOCS facility which is essentially factoring but allows you to do your own credit control. CHOCS stands fo Client Handles Own Collections and just to confuse matters it can also be disclosed or confidential. Typically a CHOCS facility will be more readily available than an invoice discounting facility because the criteria are less stringent.

If you are looking for a confidential facility then obviously a confidential invoice discounting facility will meet your requirements. However, you may also wish to consider confidential CHOCS which is more readily available and also confidential factoring where credit control is done by the factoring company but in the name of your business.

Well the new year has only just started and already we have seen a VAT increase. While we have all been aware of this for some time I wonder how many businesses are ready for this?

There are implications for businesses both in terms of administration and also in terms of cashflow.  Businesses across the UK will be looking at adjusting invoices to reflect the VAT increase and in the retail sector the VAT inclusive prices need changing on everything.

There is however a cashflow issue that is caused by the increase. Businesses will typically be collecting in invoices with a VAT rate of 17.5% but will be paying out on invoices at a VAT rate of 20% if their credit management is not up to scratch.

If cashflow is expected to be an issue in 2011 for whatever reason it is worth being proactive about it. Establishing relationships with suitable funders such as invoice factoring companies is worth doing well in advance of cash flow becoming a major issue. It allows you time to source the right facility but also gives lenders comfort that you know what is going on in your business.

Businesses should also ensure that any cash flow forecasts are updated accordingly to avoid any unexpected suprises.

HMRC are trying to agree 9 month repayment plans with businesses for PAYE and VAT arrears. However, it is possible to negotiate better and more reallistic terms.

In my dealings with businesses as an Invoice Factoring broker I come across a lot of businesses who have some form of arrears with HMRC. Often the invoice finance company will put a condition in their offers that the business must have a time to pay agreement in place for these arrears.

A time to pay agreement is a formal repayment plan that has been agreed by HMRC.

Unfortunately HMRC in recent months have been very aggressive when negotiating these and have been advising everyone that the maximum term is 9 months. This is often unreallistic and in most cases simply postpones the winding up petition.

So why do businesses agree to these repayment schedules that they can’t meet? I think often they are feeling the pressure. They are typically not used to dealing with the big beast that is HMRC and are worried they will wind them up. The requirement from the invoice finance company to have a repayment plan in place also adds to this pressure. A delay in obtaining the finance could mean business failure and as such there is relief in agreeing to any repayment plan.

I was speaking to a company that specialise in negotiating better terms for these agreements and they are negotiating between 18 months and 3 years. Their emphasis is in proving the repayment plan is what will work and is reallistic. Their track record helps as they have a relationship with HMRC but it can be done by individual businesses. It is important to have cash flow forecasts to support your argument but it is well worth standing your ground to reach a conclusion that is ultimately more beneficial to both parties.

Tax issues are becoming more and more common. Certainly among my invoice factoring clients I have seen a recent rise in clients with HMRC arrears and no repayment plans in place.

12-18 months ago HMRC seemed more than happy to support SME’s during the credit crunch. HMRC were to many businesses the lender of last resort. However, there seems to have been a change in their attitude and when negotiating a repayment plan they are being aggressive and unfortunately in many instances unreallistic.

One of my invoice finance clients had been hit with a bad debt for £150,000. Although the business was and is profitable they racked up arrears on VAT and PAYE of £100,000. They survived the bad debt and were able to maintain their current HMRC liabilities once out of the rut but the arrears remained. In negotiating a repayment plan HMRC wanted full repayment within 9 months. Our client is in the haulage business and oprates on small margins – this repayment plan was simply impossible.

That said our client was happy to agree this because he had enough money to make the first payment and would worry about the balance later. HMRC had given him the alternative of a 9 month repayment plan or the would wind them up. Of course he wanted to accept the offer.

A lot of these people have never had arrears before and as such are inexperienced with dealing with HMRC. In talking to a business associate who specialises in negotiating with HMRC he believes businesses should stand their ground and demonstrate what is achieveable. He has managed to negotiate time to pay agreements over 5 years but accepts the average is about 3 years.