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IMS StratNews – IMS StratNews | Financial Services https://www.imsstratnews.com Financial Services News Sun, 14 Oct 2018 16:44:34 +0000 en-GB hourly 1 https://wordpress.org/?v=6.6.5 Research and Development tax relief – confused? Catax’s Mark Tighe explainshttps://www.imsstratnews.com/research-and-development-tax-relief-confused-cataxs-mark-tighe-explains/ https://www.imsstratnews.com/research-and-development-tax-relief-confused-cataxs-mark-tighe-explains/#respond Sat, 13 Oct 2018 10:57:07 +0000 https://www.imsstratnews.com/?p=1022 Notice: Trying to access array offset on value of type null in /homepages/35/d733154868/htdocs/imsstratnewscom/wp-content/plugins/seo-image/seo-friendly-images.class.php on line 713

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Mark Tighe, the CEO of specialist tax relief firm Catax, talks to IMS StratNews about Research and Development tax relief.   Let’s start with the basics of Research and Development. Despite Research and Development (R&D) tax relief being introduced at the turn of the Millennium, the reality is that significant confusion remains over which businesses are eligible and […]

The post Research and Development tax relief – confused? Catax’s Mark Tighe explains appeared first on IMS StratNews | Financial Services.

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Mark Tighe, the CEO of specialist tax relief firm Catax, talks to IMS StratNews about Research and Development tax relief.
 

Let’s start with the basics of Research and Development.

Despite Research and Development (R&D) tax relief being introduced at the turn of the Millennium, the reality is that significant confusion remains over which businesses are eligible and what they can actually claim for: R&D tax relief is a form of government subsidy, designed to encourage greater investment and economic growth in the UK, by stimulating innovation.
 
Research and Development
Catax’s Mark Tighe says, “significant confusion remains” about eligibility around Research and Development tax relief. Photo by Nguyen Minh Chien
And to put it simply, any business of any size and in any sector can qualify for Research and Development tax relief.
 
 
So long as a firm has developed a new product, service or business process in the past two years, they could be unknowingly missing out on these lucrative government tax breaks on work they’ve already done.
 
 
The time taken, materials used and other money spent are all potentially eligible.
 
 
Crucially, the innovation does not need to be successful for it to qualify for the relief.
 

When executives aren’t up to speed on Research and Development

If I had a penny for every time a CEO bet me their firm wouldn’t qualify for Research and Development tax relief, I would be at least £50 richer. This relief should not be seen as some mythical pot of gold at the end of a rainbow that only large corporations, employing a retinue of workers dressed in white coats, can reach.
 
 
The truth is SMEs are just as likely to qualify, and are even able to claim a higher rate of relief than larger companies.
 
 

Research and Development innovation is a wonderful varied bag

It’s worthwhile examining a few successful claims to demonstrate just how varied they can be.
 
 
How about developing a process to increase the speed at which doughnuts can be filled with jam?
 
 
The design and development of an improved hydraulic system which deploys counter-terror bollards more quickly?
 
 
Or, something as simple as a bespoke staff planning tool, developed by an in-house HR team.
 
 

Awareness of Research and Development tax relief is growing

The Government’s latest annual Research and Development Tax Credit Statistics show claims have risen by 52.2% year-on-year, with their value now reaching 3.5 bln stg.
 
 
However, the reality is that too many businesses are still missing out, and Catax’s own research, published earlier this year, suggests firms are missing out on 84 bln stg of this relief.
 
 
Make no mistake, this under-claiming harms our economy at a time where we can least afford it.
 
 
Innovation and creativity cannot be allowed to be stifled, and it is essential that accountants and finance professionals are aware that Research and Development tax relief exists.
 
 
Not only that, but, given, reputable consultancies don’t charge any upfront fees, there is nothing stopping a business from putting in for it. 
 
 

Grasping the best of Research and Development opportunities

For SMEs in particular, the value of this relief can really turbocharge growth.
 
 
In our experience, claim values skyrocket year-on-year when firms work with specialists to identify the most cost-efficient way of conducting Research and Development. 
 
 
Encouraging investment in Research and Development has never been a more prominent issue than it is now. The Government is keen to promote Britain as an innovative centre of excellence and Research and Development tax relief is a major part of the plan.
 
 
As uncertainty linked to Brexit continues, ministers hope that this regime will encourage companies of all sizes to establish roots on British soil.
 
 
The fact that the Government has pledged to increase current Research and Development investment by 50% by 2027 shows just how seriously it should be taken.
 
 
Any company not claiming what they are owed will effectively be gifting competitors — both here and across Europe — a huge commercial advantage.

The post Research and Development tax relief – confused? Catax’s Mark Tighe explains appeared first on IMS StratNews | Financial Services.

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Self employed tax requirements’ guidehttps://www.imsstratnews.com/self-employed-tax-requirements-guide/ https://www.imsstratnews.com/self-employed-tax-requirements-guide/#respond Fri, 12 Oct 2018 17:34:54 +0000 https://www.imsstratnews.com/?p=1059 Notice: Trying to access array offset on value of type null in /homepages/35/d733154868/htdocs/imsstratnewscom/wp-content/plugins/seo-image/seo-friendly-images.class.php on line 713

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A Quick Guide: Freelance & Self employed Tax and Accounts:  Entering the world of the Freelance & Self employed means having to deal with annual accounts and tax returns, whatever the size or structure of your business. It can all seem daunting and overwhelming at first, but following a few simple rules and processes will make keeping […]

The post Self employed tax requirements’ guide appeared first on IMS StratNews | Financial Services.

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A Quick Guide: Freelance & Self employed Tax and Accounts: 

Entering the world of the Freelance & Self employed means having to deal with annual accounts and tax returns, whatever the size or structure of your business. It can all seem daunting and overwhelming at first, but following a few simple rules and processes will make keeping your accounts up to date as straightforward as it can be.

Freelance & Self employed
Coconut digital accounting for the freelance & self employed
 
Coconut’s Elaine Clark – who is also the Managing Director for CheapAccounting.co.uk – provides IMS StratNews with this exclusive and excellent quick guide, which will take you on a whistle-stop tour through the maze of rules and regulations for Freelance & self employed workers, giving you a taste of what you need to know to get started!

 

Starting to trade

As soon as you start to trade you need to register your business with HMRC. However it’s not always clear when your business formally starts, as you may have some pre-launch tasks to do, stock to buy or contracts to secure.  Unfortunately HMRC isn’t much help either as they provide no guidance on the definition of starting to trade. The best approach is to register with HMRC sooner rather than later and, in particular, before you make your first sale.
 
 
 
For more valuable details on tax and accounts requirements for freelancers and the self employed read the full guide from Elaine Clark via our Gold Membership at https://www.imsstratnews.com/freelance-self-employed-tax-requirements-coconuts-elaine-clark/#.W8DVfRNKhTY
 
Main image by Dmitry Ratushny

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Freelance & self-employed tax requirements – Coconut’s Elaine Clarkhttps://www.imsstratnews.com/freelance-self-employed-tax-requirements-coconuts-elaine-clark/ https://www.imsstratnews.com/freelance-self-employed-tax-requirements-coconuts-elaine-clark/#respond Fri, 12 Oct 2018 17:00:25 +0000 https://www.imsstratnews.com/?p=1019 Notice: Trying to access array offset on value of type null in /homepages/35/d733154868/htdocs/imsstratnewscom/wp-content/plugins/seo-image/seo-friendly-images.class.php on line 713

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A Quick Guide: Freelance & Self-employed Tax and Accounts:  Entering the world of the Freelance & Self-employed means having to deal with annual accounts and tax returns, whatever the size or structure of your business. It can all seem daunting and overwhelming at first, but following a few simple rules and processes will make keeping your accounts […]

The post Freelance & self-employed tax requirements – Coconut’s Elaine Clark appeared first on IMS StratNews | Financial Services.

]]>

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A Quick Guide: Freelance & Self-employed Tax and Accounts: 

Entering the world of the Freelance & Self-employed means having to deal with annual accounts and tax returns, whatever the size or structure of your business. It can all seem daunting and overwhelming at first, but following a few simple rules and processes will make keeping your accounts up to date as straightforward as it can be.

Freelance & Self-employed
Coconut digital accounting for the freelance & self-employed
Coconut’s Elaine Clark – who is also the Managing Director for CheapAccounting.co.uk – provides IMS StratNews with this exclusive and excellent quick guide, which will take you on a whistle-stop tour through the maze of rules and regulations for Freelance & self-employed workers, giving you a taste of what you need to know to get started!

 

Starting to trade

As soon as you start to trade you need to register your business with HMRC. However it’s not always clear when your business formally starts, as you may have some pre-launch tasks to do, stock to buy or contracts to secure.  Unfortunately HMRC isn’t much help either as they provide no guidance on the definition of starting to trade. The best approach is to register with HMRC sooner rather than later and, in particular, before you make your first sale.
 
 
 
You can of course claim for pre-launch costs incurred through your business even if they were paid out of your own funds. Keep receipts and invoices then record the amounts spent in the accounts once you register it for taxes, showing the total spent as an amount that the business owes to you.
 

Sole Trader or Limited Company

The taxes that you’ll register for with HMRC will depend on what structure you choose for your business, in a freelance & self-employed capacity.
 
By far the simplest of structures is that of a sole trader.
 
 
A self-employed person working on their own is a sole trader.
 
 
There is no formality to setting up as a sole trader as there is no distinction between you and your business; basically you just get started.
 
 
A sole trader is an unincorporated business structure meaning that you have unlimited liability (responsibility). This means that you are personally liable or responsible for the debts of the business should it fail. Creditors (people or businesses that you owe money to) could attempt to recover any amounts owed to them from your personal assets including your house.
 
 
A limited company is an incorporated business established through a formal process and registered at Companies House. A limited company has its own separate identity in the eyes of the law; a company can trade, own assets, incur liabilities and be sued.
 
 
Ownership of a limited company is by way of shares allocated to and purchased by shareholders. The shareholder(s) appoint director(s) to run the business on their behalf. Directors have legal obligations bestowed on them when they are appointed, including keeping accounting records and filing accounts. Of course, the shareholder and director can be one and the same person, as is often the case in an owner managed business.
 
 
The distinction to remember is that shareholders own the business while directors are appointed to run it. The clear advantage of setting up a limited company and trading through such a business structure is the protection of limited liability; if the company fails the debts remain with the limited
company and aren’t passed on to its directors – unless there has been some wrongdoing.
 
Simply put, the shareholders (business owners) liability is limited to their investment in the company i.e. how much they agreed to pay for the shares unless of course they give personal guarantees on the debts. Hence the term limited liability.
 
 

The taxes you pay

The business structure that you operate under will determine the taxes that are paid.
 
 
In the past the attraction of a limited company has been enhanced due to lower taxes on the profits extracted from the business. That tax advantage has been eliminated for many with the introduction of the dividend tax. So, unless you have large profits, then operating as a sole trader might be the preferred route.
 

Sole Trader

Depending on profit levels a sole trader will pay:
● Class 2 National Insurance – a fixed weekly amount
● Class 4 National Insurance – a percentage based on profit
● Income tax
 
Class 2 and 4 National Insurance is explained at https://www.gov.uk/self-employed-national-insurance-rates
 
Income tax is explained at https://www.gov.uk/income-tax
 

Limited Company

A limited company pays corporation tax on its profits. The directors of the limited company may need to account for any salary paid on their self-
assessment. If they are also a shareholder and in receipt of dividends, these need to go on to the self-assessment as well.
 

Employer

If either a sole trader or limited company employs anyone then they will, subject to conditions, have to run a payroll and pay PAYE.
 
A director of a limited company can pay themselves a salary or wages but a sole trader cannot pay themselves.
 

Deadlines and Filing

It’s really important to keep on top of your deadlines and filing responsibilities. Generally HMRC and Companies House, for limited companies, will write to you about your deadlines.
 
 
Of course the correspondence will only reach you if you have told the authorities about any changes in address or if you have mail forwarding when using a registered office service.
 

Limited Company

For limited companies the accounts will generally be due at Companies House 9 months after the year end. Special rules do apply in the first year, with the accounts being due 9 months after the date of registration of the company. The corporation tax has to be paid 9 months and 1 day after the end of the year with the accounts and corporation tax return being filed with HMRC 12 months after the end of the year, although in practice this is usually done at the same time as filing at Companies House.

Sole Traders

  • If you are self-employed as a sole trader you will need to file a self-assessment by 31st January following the end of the tax year (31st October if you are filing a paper return).
  • Tax is also due by 31st January and you may have to make a payment on account towards your tax bill for the current year.
  • Payments on account are due on 31st January and 31st July.

What you can claim

Often it is obvious if the cost can be claimed by following what is known as the “wholly and exclusively” rule. Wholly and exclusively incurred for the purposes of the trade, profession or business is the tax term which is used by HMRC:
 
 
It means any costs that are incurred while attracting more customers or performing the tasks of the business. So things like stock, website costs, hosting, advertising, stationery, software etc would usually all be allowable costs.
 
 
However, there are some exceptions to this straight forward rule which can trip you up.
 
 
For example, you cannot claim for clothing unless they are uniforms or protective clothing; HMRC says we need clothes for warmth and decency. Entertaining clients is also not an allowable cost for tax purposes; that’s just the rule!
 
 
There are specific rules for claiming travel and subsistence costs; generally you have to be travelling for business and not just going to your usual place of work. If you work at home then you can claim for use of home as office, which requires a calculation by reference to the amount of space you use in your home and the time that you use it for.
 
 
If in doubt then the gov.uk web site is a good place to check out the specific rules on what you can claim
 

Expenses paid out of your own pocket

If you do pay for costs out of your own pocket then you can claim these back from your business.  That said, it is much easier to set up and pay all business costs from a separate business bank account. New apps to the market, such as Coconut , allow you to open up a bank account online,
store receipts against bank transactions, and add in the bookkeeping, making keeping up to date in your accounting much simpler.
 

Capital Costs

Given their almost throw away nature, small items of equipment such as laptops, printers and tablets would generally not be treated any differently to other costs being recorded as equipment in your accounts.
 
 
However if you spend money on large items of plant or equipment you would record the items as a capital cost, then claim depreciation in the accounts, thereby adjusting the profit to claim “capital allowances” on your tax return.
 
 
Sounds complicated?
 
 
Yes it can be, and this might be an area where you would want to get help from an accountant to make sure you get things right!

 

Registering for VAT

Any business with a turnover over the VAT registration threshold must register for VAT.
 
 
Under the threshold businesses can register voluntarily, although it is worth stressing that careful consideration should be given to registration before you do it. Once registered for VAT the business claims back the VAT on its outlays (input tax). However the business must charge VAT on its sales (output tax).
 
 
The net of the two is paid over to HMRC if the output tax exceeds the input tax, which is usually the case in business.
 
 
A refund will be due if the business incurs more VAT than it collects.
 
 
Realistically, this means that if you sell to non-VAT registered businesses or consumers your price will be higher by the amount of the VAT, which could have a detrimental impact on your business when your prices are compared to the competition. So it’s worth thinking this through before you jump into VAT registration.
 
 
The VAT Flat Rate Scheme may be a viable alternative to look at (further VAT Flat Rate Scheme details), although this has become less attractive with the Low-Cost Trader Rules. Under the scheme the business must still charge VAT at 20% on all sales.
 
 
Here is a list of the percentages paid for each type of business.
 
 
Being VAT registered does place an administrative burden on businesses through the quarterly reporting regime, and businesses with turnovers over £85,000 will fall into Making Tax Digital from April 2019.

 

Making keeping the books easier

For the freelance & self-employed an optional scheme called Simplified Expenses exists aimed at making the recording of costs easier.
 
 
This scheme can be used by sole traders and partnerships but not companies.
 
 
The rules allow for a flat rate to be used for certain expenses rather than recording actual costs incurred.
 
The types of expenses covered by this scheme are:
● Business costs for vehicles
● Working from home
● Living in your business premises
 
Full details of the rules can be found at https://www.gov.uk/simpler-income-tax-simplified-expenses

 

Making things simple for very small businesses

In April 2017, HMRC introduced the Trading Allowance. This allowance exempts the self-employed with a total annual gross trading income of £1,000 or less from registering for self assessment.
 
 
If self-employed income is over £1,000 then the amount can be offset against income, rather than claiming all costs, which can of course make bookkeeping simpler.
 

 

So do you need an accountant?

This is a question often asked by those starting out in business. Strictly speaking there is no requirement for you to engage an accountant, although, if numbers are not your thing or you are too busy running your business then you may want to use one.
 
 
The benefits of having a good accountant on board are that they will ensure you meet your deadlines and they will keep you up to date with tax changes as they happen.
 
 
There will also be no need to spend hours searching the internet for answers to tax and accounting questions (unless you want to): Forums, searches, articles and blogs can be great sources of information but they are general and may just not be right for your specific needs.

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Automation & Robotics, the pros and cons – TML’s Mario d’Aragonahttps://www.imsstratnews.com/automation-robotics-the-pros-and-cons-tmls-mario-daragona/ https://www.imsstratnews.com/automation-robotics-the-pros-and-cons-tmls-mario-daragona/#respond Fri, 12 Oct 2018 13:58:07 +0000 https://www.imsstratnews.com/?p=1024 Notice: Trying to access array offset on value of type null in /homepages/35/d733154868/htdocs/imsstratnewscom/wp-content/plugins/seo-image/seo-friendly-images.class.php on line 713

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The proliferation of Automation & Robotics within the financial services sector attracts obvious attention, especially from those interested in disruptive innovations.   Mario d’Aragona is the Managing Partner at TML Venture Ltd and supports companies in finding tailor-made investment solutions. His industry focus is on renewable technology, energy and food companies.   He is a […]

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The proliferation of Automation & Robotics within the financial services sector attracts obvious attention, especially from those interested in disruptive innovations.

 

Mario d’Aragona is the Managing Partner at TML Venture Ltd and supports companies in finding tailor-made investment solutions. His industry focus is on renewable technology, energy and food companies.

 

He is a seasoned finance executive who serves as CFO for fire & security, food, energy and clean-tech global companies; has ‘turn-around’ experience and has been involved in the management of re-financing growing businesses:  TML Venture Ltd supports companies in finding tailor-made investment solutions.

 
 
Speaking exclusively to IMS StratNews, the executive offers his views on the relevance of Automation & Robotics.
 
 

Navigating trendy Ai phrases

Artificial intelligence’ (Ai) and ‘Robotic Accounting’ (RA) have emerged as some of the most popular phrases when considering innovation within the world of business and, specifically, financial services.  As phrases go, they sit at the top of many companies ‘must-have’ operational lists – but what do they really mean?
 
 
From my perspective, the definition of Ai’s power is the ability to perform tasks requiring Human Intelligence characteristics, such as visual and speech recognition.
 
 
Examples of  this are seen with the Mercedes 2014 S-Class, which is capable of driving semi-autonomously in stop and go
city traffic, or the 3D Kinetic movement recognition add-on to the Xbox360.  There are, of course, also those  chatbots applications – which are becoming almost ubiquitous – such as Siri, Alexa, and Google Assistant.
 
 
Designers of RPA (Robot process Automation) software aim to mimic human actions. These tasks can have a variegated level of intelligence content, from a basic ATM machine providing cash, to an unsupervised autonomous driving vehicle: Think about Amazon’s Kiva robot, designed to move materials within their warehouse; as well as robots utilised in other factories.
 

Why everybody’s talking about Automation & Robotics

There’s really nothing surprising about the emergence of automation – think about the British Industrial Revolution which led to innovations around the mechanisation of agriculture and textile manufacturing in the early 1800s, or the production of the Ford Motor Car  in the 1900s,  when engines took over the production activities of humans and transport activities of animals, such as horses.
 
 
Admittedly, the transition to new technology was difficult for some existing workforces, and led to the emergence of protest movements including the Luddites, who represented textile workers.
 
 
But, innovation is inevitable, which is why the robotic era is exploding now – because it’s technically possible!
 
 
New software tools like ROS (Robot Operating System), python language, Arduino programmable robots, and new sophisticated Ai algorithms have opened the way to an exponential development in the AI/Automation space. This trend is currently estimated to grow according to Moore’s law.  The same principle applied in relation to the growth of semiconductors.
 
 
As a result, costs related to these products/applications have dropped, making them accessible to the mass market.
 

The weak signals from Automation & Robotics

In my opinion, the transition to a robotic world isn’t only a source of competitive advantage for a limited number of lucky companies to gain market share – it’s a large scale phenomenon capable of redesigning the outlook for the global economy, and wider society.
 
 
However, it hasn’t produced totally positive results:  US productivity has almost tripled since the 1970’s but real hourly compensation has stayed flat.  Salaries, which previously contributed to 67% of US GDP,  now account for only 58% only.
 
 
Other trends include an increase in inequality of 95% relating to income gains, which have been hoovered up by the wealthiest 1% of society.  In addition, the advancement of Automation & Robotics, has played a significant part in the explosion of interim and part-time jobs (the Gig Economy).
 
 
Similar insights have been seen in the UK and in EU countries, with work conventionally performed by humans being seen to reduce, and be carried out by machines.
 

Where Automation & Robotics are most prevalent in ‘real-life’ business

Automation & Robotics are pervasive and perhaps even unavoidable within may areas of both business and private life.
 
 
In the world of industry. advanced agricultural drones have the ability to manage crops at a level of granularity that would be inconceivable for human workers, with a swarm of robots be able to manage the maintenance of crops.
 
 
Meanwhile, in the world of E-retail and entertainment, companies like Amazon, eBay and Netflix have overshadowed the importance of  traditional brick and mortar companies like Blockbuster.
 
Examples of superseding Automation & Robotics (Ai):
  • Quill Narrative Science’s technology which provides automated written articles
  • Amazon’s and Netflix’s capability to generate automated book and movie recommendations
  • Workfusion’s provision of RPA (Robotic Processes Automation)
  • Computerised unsupervised Algorithms like blockchain
  • Watson – the ‘cognitive’ computing analytics provider for the trading floor,
 
all of which play a part in the diminution of both manually skilled and professional skilled jobs .
 

Automation & Robotics versus a singularity

Back in 2014, the late Professor Stephen Hawking penned an article about the perils as he saw them connected to rapidly advancing artificial intelligence, which he described as  “potentially our worst mistake in history”.
Automation & Robotics
Professor Stephen Hawking viewed the advancement of Automation & Robotics as “potentially our worst mistake in history”
 
 
He intimated that, whoever achieves fully cognitive self-enhancing Ai first, will effectively be uncatchable; and ultimately no one will be able to derive income from work. In addition, income from capital ownership of machines will become concentrated in the hands of a few: And the rational owner will not want to hire more workers than necessary; meanwhile, machines are evolving and becoming, already in many cases, autonomous workers.
 
 
The question is, what will be the response of governments to this scenario?
 
 
It is of course hard to say, but it is possible that governments will react to these changes within their economies by instituting aggressive income redistribution. Possibly, they will introduce a minimal salary for their citizens  equatable to the Reddito di Cittadinanza in Italy.

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UK individual penalties at their lowest since financial crisis – Duff & Phelpshttps://www.imsstratnews.com/uk-individual-penalties-at-their-lowest-duff-phelps/ https://www.imsstratnews.com/uk-individual-penalties-at-their-lowest-duff-phelps/#respond Sat, 06 Oct 2018 14:28:35 +0000 https://www.imsstratnews.com/?p=999 Notice: Trying to access array offset on value of type null in /homepages/35/d733154868/htdocs/imsstratnewscom/wp-content/plugins/seo-image/seo-friendly-images.class.php on line 713

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UK individual penalties have dropped to their lowest level since the 2008 financial crisis, according to a report from the global compliance and regulatory consulting practice, Duff & Phelps.   In its Global Enforcement Review, complied for the financial services industry, the regulatory advisor presents analysis highlighting that the degree penalty amounts against individuals have dropped to […]

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UK individual penalties have dropped to their lowest level since the 2008 financial crisis, according to a report from the global compliance and regulatory consulting practice, Duff & Phelps.

 

In its Global Enforcement Review, complied for the financial services industry, the regulatory advisor presents analysis highlighting that the degree penalty amounts against individuals have dropped to new lows.

 

The 2018 review, a long-running annual report which is now in its fifth year, states that between 2016–2017, the  fall in UK penalty amounts against individuals can be attributed to global financial regulators switching their focus from imposing large fines against firms to making individuals more accountable; pushing those individuals to improve their ability to detect misconduct earlier through both data and technology.

 

Takeaways

  • UK penalty amounts against individuals dropped from £18.8m to £970,000 from 2016 to 2017, its lowest since the financial crisis.
  • U.S., European (excluding UK) and Hong Kong penalty amounts against individuals rose over the same period.
  • Hong Kong, Singapore and Australia had a greater proportion of their total penalty amounts against individuals than northern hemisphere markets from 2013-2017.

 

Regulatory risk insights on global & UK penalty levels

Duff & Phelps’ analysis of large enforcement cases, which has been collated by Corlytics – a global provider of insight analysis into regulatory risk –  shows total penalty amounts globally climbed 30% between 2015 and 2017 to 26.5 bln usd.

However, total penalty amounts globally are forecast to be lower this year (2018), reaching just 8.1 bln usd in the first six months of 2018 compared to 18.35 bln over the same period in 2017.

The data shows this decline is particularly evident in the U.S., UK and Europe.

 

Of the total global penalties in 2017, the U.S. remains the dominant force, levying penalties accounting for 94% (24.4 bln) of the global total against firms and 99% (621.3 mln) individual penalties: In the U.S., total penalty amounts against firms and individuals rose by 2% and 23% respectively from 2016 to 2017.

 

UK individual penalties

Total UK individual penalties rose markedly to 866 mln stg in 2017 from 71 mln stg in 2016, though this can be explained in part by two large penalties issued separately by the Serious Fraud Office (SFO) and the Financial Conduct Authority (FCA) totalling 673.3 mln stg, Duff & Phelps’ data shows.

 

However, UK individual penalties dropped significantly from 18.8 mln stg to £970,000 over the same period; the lowest amount on record since the financial crisis in 2008, the data shows.

 

In line with the global picture, total penalty amounts in the UK are forecast to be lower this year, having reached just 175 mln stg in the first six months of 2018.

With the introduction of the Senior Managers and Certification Regime (SM&CR) for banks in 2016, which is being rolled out to all firms by December 2019, enforcement cases and penalties against individuals can reasonably be expected to rise in the UK over the next few years, according to Duff & Phelps.

Importantly, individuals holding senior management positions within the banking sector should note, the FCA published changes to the SM&CR (effective from 4 July 2018), stating:

 

‘The most senior people (‘senior managers’) performing key roles (‘senior management functions’) need FCA approval before starting their roles’.

 

Individual penalties in Europe excluding the UK

In Europe (excluding the UK), total penalty amounts from enforcement action against firms fell significantly, from 527.5 mln eur in 2016 to 109 mln eur in 2017 – however, it should be noted the 2016 total is skewed by three large benchmark cases totalling 485 mln eur.  

According to the data, activity in Europe has been bolstered by more active enforcement from regulators such as the European Commission, Central Bank of Ireland and France’s Autorité des Marchés Financiers.

 

Penalty amounts against individuals in Europe, whilst still modest, grew from 1.6 mln eur in 2016 to 2.9 mln eur in 2017.

 

Globally, according to the data, the trend from 2013 to 2017 shows on average a notably larger proportion of total penalty amounts being levied against individuals in southern hemispheres compared to northern hemisphere jurisdictions: Hong Kong (34%), Singapore (62%) and Australia (32%) – all recorded higher proportions than the United States (2%), UK (7%) and Europe (1%).

 

What the expert says

Managing Director of Regulatory and Compliance Consulting at Duff & Phelps, Nick Bayley, commented for IMS StratNews on the findings:

 

“Massive fines on firms have lost their power to shock, not just in the industry but also among the public. The declining penalty amounts from previous years in the UK point to the end of the big benchmark manipulation cases – but also potentially suggests a change in regulators’ enforcement approach and their faith in the ability of big fines alone to change culture: Regulators globally are also using a wider range of enforcement tools in an attempt to improve conduct.

 

Specifically on UK individual penalties …

“The UK regulators have led the way in promoting the importance of individual accountability through the SM(&)CR, something which has been subsequently mirrored in Australia (‘BEAR’), Hong Kong (‘MIC’) and Singapore (‘Individual Accountability and Conduct’).  As a result, we can expect the FCA to increasingly focus on enforcement action against individuals, as it seeks to make the new regime bare its teeth. However, as the majority of UK financial services firms will not be in scope of the SM(&)CR until 2019, combined with the time for regulators to investigate and conclude cases, we expect it could be up to three years before a significant increase in penalties against individuals start[s] to come through.

 

And his wider view …

“While regulators are revising and updating their priorities, we saw the potential for unforeseen issues such as the LIBOR and FX cases to arise or new market developments and risks [to] emerge, which inevitably will shift regulators’ attention and their resources.

 

“Regulators globally are investing in their technology capabilities, which in conjunction with more granular regulatory reporting, should enable them to detect misconduct more quickly and [make] greater use of early intervention and disruption techniques,” Nick Bayley concludes.

                                                                      

More about Duff & Phelps

UK individual penalties at their lowest since financial crisis - Duff & Phelps
UK individual penalties at their lowest since financial crisis – Duff & Phelps

Duff & Phelps is a global advisor that aims to protect, restore and maximise value for clients in the areas of valuation, corporate finance, investigations, disputes; cyber security, compliance and regulatory matters, and other governance-related issues. The firms works with clients across diverse sectors, focused on mitigating risk to assets, operations and people.

 

Following its acquisition of Kroll, a division of Duff & Phelps since 2018, the firm has has expanded its work force to include nearly 3,500 professionals in 28 countries around the world, it reported. For more information, visit www.duffandphelps.com.

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