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Co-operatives UK Practitioners Forum KPMG Update: Accounting, reporting and governance Tax Cyber 2
Accounting and reporting update Nicola Quayle
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Agenda New UK GAAP
Companies Act
IFRS
The new UK accounting framework
FRS 100 Application of financial reporting requirements
FRS 101 Reduced disclosure framework
FRS 102 FRS applicable in the UK and ROI
■ Which standards to apply
■ Application of SORPs ■ Effective date ■ Meaning of ‘equivalence’ ■ Disclosure exemptions for ‘qualifying entities’ applying recognition and measurement requirements of EU-IFRS ■ Individual financial statements only
■ Operational standard derived from IFRS for SMEs ■ Disclosure exemptions from this FRS for ‘qualifying entities’
■ FRS 103 Insurance Contracts ■ FRS 104 Interim Financial Reporting ■ FRS 105 The Financial Reporting Standard applicable to the Micro-entities Regime
■ Individual and consolidated financial statements
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Timeline for adoption
UK and Irish entities will be required to prepare their 31 December 2015 financial statements under either EU-IFRS, FRS 102 or FRS 101, requiring a transition balance sheet as at 31 December 2013 The mandatory timeframe
Transition date
Comparative balance sheet date
First reporting date
31 December 2013
31 December 2014
31 December 2015
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Which framework can I apply?
Consolidated or individual accounts? Consolidated
Individual A qualifying entity is a member of a group that prepares publicly available consolidated financial statements which are intended to give a ‘true and fair’ view
EU-IFRS is mandated for listed entities EU-IFRS mandated? Yes
No
Qualifying entity? No
Yes
No reduced disclosure in consolidated accounts
EU-IFRS (with full disclosure)
FRS 102 with full disclosure
FRS 102 with reduced disclosure
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FRS 101 (EU-IFRS with reduced disclosure)
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Key GAAP differences
■ Goodwill Business combinations
■ Intangibles ■ Group reorganisations
■ Derivatives and hedge accounting
Financial instruments
■ Net investment hedging NOT allowed in individual company accounts ■ Intercompany balances
■ Different approach Deferred tax
■ More deferred tax assets e.g. business combinations and revalued assets
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Key GAAP differences (cont.)
■ Pension deficit/surplus on at least one entity’s balance sheet Defined benefit pension schemes
■ Discount rate applied to net surplus/deficit ■ Deferred tax on pension deficit/surplus presented separately
■ Treatment of plan admin costs ■ Cost only if valuation unobtainable (FRS 102)
Investment properties
■ All changes in fair value through P&L ■ No exemption for group arrangements
Foreign exchange
■ Functional currency
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Which accounting changes may affect current tax?
Tax deductible goodwill
Rent free periods and increases
Software
Functional currency
Permanent as equity foreign currency loans
Some financial instruments
Interest-free term loans
No amortisation under FRS 101
Spread over a different period Reclassify to intangibles? May change under new GAAP Retranslate to profit and loss (individual)
Fair values are recognised Recognised initially at fair value
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Amendments to FRS 101 and 102 ■ Removal of requirement to present a third balance sheet on first time adoption of FRS 101
FRS 101 Reduced disclosure framework
■ Increased flexibility in the format of financial statements – allowing a presentation more consistent with IFRS ■ Goodwill impairments no longer permitted to be reversed ■ Accounting for contingent consideration aligned with IFRS 3 (measured at fair value with changes to profit and loss)
FRS 102 FRS applicable in the UK & ROI
■ When the useful life of goodwill or an intangible asset cannot be reliably estimated, the maximum permitted life is 10 years (previously 5)
■ Goodwill impairments are no longer permitted to be reversed ■ Increased flexibility in the format of financial statements – allowing a presentation more consistent with IFRS
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New small companies regimes vs FRSSE
Format of financial statements
Accounting policies
FRS 102 Section 1A vs FRSSE
FRS 105 vs FRSSE
•
Preparation of only two primary statements required (balance sheet and profit and loss)
• Preparation of only two primary statements required (balance sheet and profit and loss)
•
Reduced number of mandatory disclosures
•
Section 1A of FRS 102 uses terminology consistent with the rest of FRS 102 such as ‘statement of financial position’ rather than ‘balance sheet’.
• Significantly condensed formats of statements
•
•
•
FRS 102 will require recognition of some financial instruments that the FRSSE did not e.g. derivatives such as options, swaps and forward contracts at fair value.
• Reduced number of mandatory disclosures • FRS 105 uses terminology consistent with FRS 102 such as ‘statement of financial position’ rather than ‘balance sheet’. • FRS 105 has simplified the accounting treatment for some transactions e.g. microentities shall not account for deferred tax.
• Fair value and revaluation accounting not FRS 102 requires small entities to recognise permitted deferred tax arising on revaluations of fixed • No accounting policy choices assets. FRS 102 requires that gains and losses on investment properties must be recognised in profit or loss, rather than in reserves as previously required by the FRSSE.
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Commercial/practical implications What New UK GAAP means for you Area
Potential Impact
Tax implications
■ What are the effects of adoption on cash tax and are any elections required to be made?
Forecasts and budgets
■ What will the effects of transitioning be on forecasts and budgets?
Accounting systems
■ Are existing systems suitable – e.g. can they accommodate postings required for derivatives?
Staff training
■ Will staff require training on the requirements of new UK GAAP? ■ How will this training be delivered, by whom and when?
Financial covenants
■ How does transitioning impact existing covenants – will these require renegotiation?
Distributable reserves
■ Position will likely be altered as a result of adoption so groups may need to consider strategies to avoid a dividend block
Remuneration schemes (including share based payments)
■ KPIs underpinning these schemes may change
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Agenda New UK GAAP
Companies Act
IFRS
IFRS – Future accounting developments
Current and proposed IFRS changes Exposure drafts
Annual Improvements 2010-2012 Defined Benefit Plans: Employee Contributions Sale or contribution of Assets between Investor and its Associate or JV
Annual Improvements 2011-2013
2015/16
Investment entities: Applying the consolidation exemption
IFRS 16 – Leases
Disclosure initiative
IFRS 15 – Revenue
Equity Method in Separate Financial Statements
IFRS 9 – Financial instruments
Agriculture: Bearer Plants
Phase I – classification and measurement (amendments)
IFRS 14 Regulatory Deferral Accounts
Phase II – impairment methodology
Accounting for Acquisitions of Interests in Joint Operations
Phase III – general hedge accounting
Clarification of Acceptable Methods of Depreciation and Amortisation
Phase III – macro hedging
Annual improvements 2012-2014
Insurance Contracts
2016/17
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2017/18 and later
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IFRS 15: Revenue from contracts with customers The five step model
Identify the contract with a customer
Identify the performance obligations in the contract
Determine the transaction price
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02
03
Allocate the transaction price to the performance obligations in the contract
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Recognise revenue when (or as) satisfy a performance obligation
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Do you have…
…multiple goods and services in a contract? … contracts that span a period greater than one year?
… contracts with variable consideration? … licences or royalty arrangements? … costs to obtain a contract?
… frequent changes to contracts? … compensation linked to revenue? … a clear plan for transition? © 2015 KPMG LLP, a UK limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.
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Effective date
Effective Date
Issue Date
2014
2015
2016
2017 2018
Early adoption permitted prior to the effective date Effective for periods beginning on/after 1 January 2018
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IFRS 15 Revenue from contracts with customers
Why think about this now?
Responsiveness to stakeholder questions
Be prepared
Revise budgets/ forecasts for decision making
Identify potential unfavourable results
Manage the unknown
Don’t get left behind
Be involved in development of industry practice
Harmonisation of group policies
Changes to IT systems or programs
Identify commercial opportunities
Modify service or product offerings
Consider comparability to peers
Determine implementation time, effort, cost
Changes to KPIs, bonus schemes
Sufficient time to respond
Modify contract terms
Evaluate current practices
Improved data collection/ monitoring
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New leasing standard
Topic
IASB (now diverged from FASB)
Lessee accounting model
■ Single lease accounting model (i.e. all leases are financing-type leases) ■ All leases on balance sheet: – lessee would recognise a right-of-use (ROU) asset and lease liability – treated as the purchase of an asset on a financed basis
Scope exemptions
■ Optional lessee exemption for short-term leases – i.e. leases for which the lease term as determined under the revised proposals is 12 months or less ■ Portfolio-level accounting permitted if it does not differ materially from applying the requirements to individual leases ■ Optional lessee exemption for small-ticket leases – even if material in aggregate
Project added to Boards’ agendas
Discussion Paper Issued
First Exposure Draft Issued
Second Exposure Draft Issued
Permission to Ballot
Earliest likely effective date
Final standard expected
? July 2006
March 2009
August 2010
May 2013
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March 2015
Q4 2015/Q1 2016
? January 2018
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Leases project update
This time around, changes to lease accounting are really on the way.
The new standard is likely to impact your ■ Timing of P&L expense – front loaded interest expense ■ EBITDA – will increase – lease cost now split into interest and amortisation ■ Credit rating – will the agencies use the new liability in their calculation? ■ Net debt – lease liability to be included ■ Interest cover – ratios will be impacted ■ Net assets – the lease asset and liability will not equal each other after day 1, may be a net asset or liability position depending where a lease is in its lifecycle ■ Bank covenants
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Agenda New UK GAAP
Companies Act
IFRS
Disclosure of related undertakings ■ Removal of exemption to disclose only principal ‘related undertakings’ ■ Disclosure required of all ‘related undertakings’ in accounts approved after July 2015 ■ ‘Related undertakings’ include – Subsidiaries – Significant holdings (greater than 20% interest) – Associated undertakings
– Joint ventures
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Applies to all who adopt the Combined Code
Viability statement – Overview Risk management and internal control
Key questions
A new long term viability statement
■ What period to chose? (the Guidance says it should be significantly longer than 12 months (but the longer the period the lower degree of certainty)
C.2.2. Taking account of the company’s current position and principal risks, the directors should explain in the annual report how they have assessed the prospects of the company, over what period they have done so and why they consider that period to be appropriate. The directors should state whether they have a reasonable expectation that the company will be able to continue in operation and meet its liabilities as they fall due over the period of their assessment, drawing attention to any qualifications or assumptions as necessary.
■ The period chosen should be significantly longer than 12 months
■ What are your comparators doing? ■ Are your business plans (budgets and forecasts) sufficient to support the statement? ■ Are process changes required?
■ Qualifications should be specific to the company’s circumstances
■ Do you have sufficient assurance over the budget and forecast processes?
■ Qualifications/assumptions should not include matters that are unlikely to arise or have a significant impact
■ Is your IAS1’information about the future’ sufficient? ■ Stress testing and sensitivity analysis – is it fit for purpose?
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Viability statement – General trends ■ Very few companies have early adopted – only six or seven! ■ Period selected for the viability statement likely to reflect one of existing forecast horizons ■ If multiple planning horizons (say 2.5 and 20 years) – consider appropriate balance of longer term outlook and a ‘reasonable expectation’ over something that is inherently uncertain. ■ It’s about what will ‘break’ the company – not about hitting growth targets or maintain earnings profile etc. ■ According to FRC and investor community, getting the risk management piece right and articulating the process by which the prospects of the company are assessed is the most important bit!
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Changing Landscape: Employment Taxes
November 2015
kpmg.co.uk
INTRODUCTION •
• • • • •
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Employment tax is currently a principal area of focus for HMRC. HMRC have committed to reduce an estimated tax gap of just under £4 billion. Greater focus on process and controls and how these are managed A team of ‘Employer Compliance Champions’ have recently been recruited by HMRC HMRC meetings now occurring Forming part of a wider agenda Within this environment, there is a challenge for employers to ensure that they are managing compliance against strategic decisions
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AREAS OF FOCUS A ‘top-dow n’ approach to assessing Employment Tax governance – building on HM RC’s approach to Business Risk Review s and SAO Certification
Focus on ability to go w rong rather than quantum initially Discussion are extensive and w ide-ranging in their scope, typically covering the follow ing areas:
BUSINESS’ REWARD STRUCTURE
COMPOSITION OF THE WORKFORCE
LOCATION OF THE WORKFORCE
EMPLOYMENT TAX GOVERNANCE AND DOCUMENTATION
Salary and bonus
Directors
UK-based, domestic
Risk registers
Pensions & Auto
Senior employees
employees Site-based w orkers International assignees (UK-inbound and UKoutbound) Business Travellers
Policy documents
Enrolment Shares EBTs Salary sacrifice arrangements National M inimum Wage/Living Wage
Other full-time and
part-time staff Contractors and freelancers
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Scheme rules Process maps Payroll parameters Application of process
WHO DOES WHAT? WHERE, WHEN AND HOW? Establishing an
understanding of the processes and systems to ensure effective oversight of all areas of Employment Tax risk
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CHANGING LANDSCAPE Finance, HR and Rew ard directors face an increasingly challenging people agenda as they deal w ith: ● Increased regulatory activity from HM RC and the Pensions Regulator ● Evolving case law , legislation & consultation around pay and operational tax issues ● M anaging costs of employment, statutory minimum pay rate increases and the impact of case law ● Attracting talent w hilst securing the most cost effective labour supply chain ● Evolving changes and numerous consultations
Confirmed ● IR35 Officeholder guidance ● Removal of employer Class 1 NIC for employees under 21 ● Onshore intermediaries legislation ● Abolition of forms P9D & P11D reporting dispensation ● Voluntary payrolling of benefits ● Removal of salary sacrifice for expenses ● Introduction of NLW for over 25s ● Employer NIC exemption for apprentices aged under 25 ● New 490 booklet on employee travel ● Scottish rate of income tax
Pending ● Trivial benefits exemption ● CIS online improvements ● Restriction on T & S relief for intermediary companies ● PSA changes ● Childcare vouchers to be abolished ● Pension auto-enrolment minimum employer contribution 3%
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Ongoing ● CIS review ● OTS competitiveness of UK tax administration ● Information on remuneration practises ● Review of travel and subsistence rules ● OTS recommendations submitted for accommodation benefit and termination payments ● Employment status review ● Holiday pay ● Apprenticeship levy
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QUESTIONS TO CONSIDER
“
Has HM RC contacted your business to arrange a risk review meeting?
“ “
?
Who is responsible for each of these areas?
?
? “
To w hat extent do you have documentation in place supporting your business’ employment tax strategy and governance?
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Are you aware of changes coming in and how these may impact your business?
“
What does ‘auditreadiness’ look like for your business?
How do you monitor and maintain the accuracy of your business’ PAYE/NIC payments and returns?
?
?
?
Which parts of your business make decisions affecting employment tax compliance and reporting?
?
“
Has employment tax guidance or training been given to key decisionmakers involved in each process?
?
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KEY MESSAGE KEY TAX CONSIDERATIONS Rapidly changing landscape Set against a backdrop of w ider people based
change Change in HM RC approach means employers
need to consider process and controls not just reporting obligations Wider than finance and HR, the w hole
business may need to be considered Best tact is considered planning and review
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CONTACT DETAILS
Patrick Crookes Patrick Crookes
OUR TEAM
Manager, People Manager, Services People andServices Payroll and Payroll Advisory Advisory E:
[email protected] E:
[email protected] Kathryn Jackson T: 0161 246 T: 4853 0161 246 4853 Business Development Manager, People Services and Payroll Advisory Patrick Crookes Kelly Edwards-Hughes
E:
[email protected]
Manager, People Assistant Services Manager, and Payroll People Services T: 0161 and 246 4389 Advisory Payroll Advisory E:
[email protected] E:
[email protected] T: 0161 246 T: 4853 0113 231 3615
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FEEL FREE A NEW APPROACH TO CYBER SECURITY
Sion Lloyd-Jones Cyber Security
AGENDA
THE changing landscape
THE EMERGING THREATS THE Response
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HOW BIG IS THE PROBLEM
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CYBER FIRMLY ON THE AGENDA
2013
2011 1
LOSS OFCUSTOMERS/CANCELLED ORDERS
HIGH TAXATION
1
2
TALENT AND SKILLS SHORTAGE
LOSS OFCUSTOMERS/CANCELLED ORDERS
2
3
REPUTATIONALRISK
4
CURRENCY FLUCTUATION
PRICEOFMATERIALINPUTS
4
5
CHANGINGLEGISLATION
EXCESSIVELY STRICT REGULATION
5
6
COST AND AVAILABILITY OFCREDIT
CHANGINGLEGISLATION
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7
PRICEOFMATERIALINPUTS
INFLATION
7
8
INFLATION
COST AND AVAILABILITY OFCREDIT
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9
CORPORATELIABILITY
RAPID TECHNOLOGICALCHANGES
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10
EXCESSIVELY STRICT REGULATION
INTEREST RATECHANGES
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CYBER RISK 3
Source: Lloyd’s board risk index – http://w w w .lloyds.com/new s-and-insight/risk-insight/lloyds-risk-index
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CHANGING LANDSCAPE
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EVOLVING THREAT
HACKTIVISM
MALICIOUS INSIDER
THREAT ACTORS
ORGANISED CRIME
STATE-SPONSORED
THE INSIDER
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WHO IS BEING TARGETED?
AUTOMOTIVE
AEROSPACE
ENERGY PROVIDERS
BANKS
PROFESSIONAL& LEGAL SERVICES
DEFENCE
ADVANCED MANUFACTURING
RENEWABLE ENERGY
BUILDINGSOCIETIES
RESEARCH INSTITUTES
PHARMACEUTICALS& BIOTECHNOLOGY
MINING& NATURALRESOURCES
COMMUNICATIONS
WIDERFINANCIALSERVICES
ACADEMIA
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WHAT DO THEY WANT
CUSTOMER / EMPLOYEE DATA CORPORATE DATA
INTELLECTUAL PROPERTY
DENIAL OF SERVICE
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…AND MORE REGULATION
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PROPORTIONATE RESPONSE
UNDERSTAND YOUR ASSETS
MANAGE THE RISK
UNDERSTAND THE THREAT
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FUTURE TRENDS
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THE RIGHT APPROACH
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KEY QUESTIONS
1 2 3
Do you have the right level of protection for your crown jewel assets?
4
How are you managing your suppliers to ensure they are not a weak point in your security?
5
How do your cyber security capabilities compare to your peers?
What would the impact be on your business if you suffered a cyber security breach? How do you know you haven’t already suffered one?
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Recap THE LANDSCAPE IS CHANGING THE THREATS ARE REAL PROPORTIONATE RESPONSE NECESSARY
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THANK YOU! Sion Lloyd-Jones Cyber Security team
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Thank you
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