HMRC have published their latest letter to UK businesses that trade only with the EU, with details of important actions they need to take and changes to be aware of in the event of the UK leaving the EU without a deal. It is their third letter to businesses on preparing for the UK leaving the EU.

The letter asks businesses to take a number of actions to prepare for no deal. These include:

• registering for a EORI number at Get a UK EORI number to trade within the EU
• deciding if they want to hire an agent to make import and/or export declarations for them or if they want to make declarations themselves using relevant software
• registering for Transitional Simplified Procedures (TSP), which is a new process to make importing easier than it otherwise would be for the initial period after the UK leaves the EU, should there be no deal – registration opens from 7 February on GOV.UK.

There are also important updates on the way businesses trading with the EU pay import VAT and use EU VAT IT systems if the UK leave with no deal. You can read the full letter at Letters on 'no deal' Brexit advice for businesses only trading with the EU.

These changes do not apply to trade across the Northern Ireland-Ireland land border. HMRC will set out information about the arrangements for trading with Ireland as soon as they can.

New guidance

HMRC have also published new guides on GOV‌.UK on:

• Customs procedures
• Moving goods to and from the UK
• VAT IT systems rules and processes

The guides provide further information explaining what these changes mean for UK businesses that trade with the EU. You can find the guides at Trading with the EU if the UK leaves without a deal.

New ‘Prepare your business for the UK leaving the EU’ tool

HMRC have also published a ‘Prepare your business for the UK leaving the EU’ tool to help UK businesses find out:

• what they need to do to prepare for the UK leaving the EU
• what’s changing in their industry
• information on specific rules and regulations.

From April 2019, an amendment to section 8 of the 1996 Act t requires particulars within an itemised pay statement to also contain information regarding the number of hours worked by the employee for which they are being paid, but only in situations where the employee’s pay varies as a consequence of the time worked. The amendment states: 

“…where the amount of wages or salary varies by reference to time worked, the total number of hours worked in respect of the variable amount of wages or salary either as: 

(i) a single aggregate figure, or

(ii) separate figures for different types of work or different rates of pay.”

The amendments made by the order do not apply in relation to wages or salary paid in respect of a period of work which commences before the date the order comes into force.

In addition, the Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No.2) Order 2018 (https://goo.gl/8BSgMx) provides for an additional change that extends the right to receive an itemised pay statement, together with the ‘associated enforcement provisions’, to all workers and not just employees who work under a contract of employment.

HMRC have published a comprehensive online guide to help employers ascertain which employee benefits and expenses must be declared on forms P11D.

Employers can complete forms P11D online using:

Detailed information about expenses and benefits can be found in the HMRC 480 expenses and benefits guide.

Employers do not need to submit P11Ds for payrolled expenses and benefits.

View the guidance.

HMRC have published a comprehensive list of income tax and NIC rates and thresholds relevant to employers for 2019/2020.

The rates, which can all now be accessed from a single web page, will be useful for payroll and calculating employee expenses. Details include:

View Rates and thresholds for employers: 2019 to 2020.

The upholding of an earlier judgment by the Court of Appeal means that two former Uber drivers should have been treated as permanent staff and were entitled to receive the national minimum wage and holiday pay, with significant implications for the gig economy.

This is a very complicated area of law and specialist advice should be sought before deciding if self emplyment or employments rights are applicable.

The Court of Appeal judgement click here.

The Court of Appeal has given Uber permission to appeal to the Supreme Court.