Brexit - Business Planning Guide. Chartered Accountants, Tax & Business Advisors.

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Brexit - Business Planning Guide Chartered Accountants, Tax & Business Advisors www.macintyrehudson.com

Welcome to our Brexit Business Planning Guide In this guide we cover: Strategy & Operations VAT & Duty Talent & employment Finance Economy

Introduction It is now common knowledge that it will take 2 years following the UK s notification of Article 50 before we leave the EU. Brexit has already led to considerable volatility in financial markets and there will be a period of economic and business uncertainty as the details of our exit from the EU are worked out. During this period businesses will need to undertake the difficult task of planning for the future and undertaking a strategic review to minimise their risk and maximise the opportunities Brexit presents for them. What happens now? Short-term concerns should be allayed; the Bank of England, working with the Treasury and other central banks made it clear it would do whatever is necessary to provide liquidity to the banking system and preserve financial stability. On August 4th, it cut the base rate of interest to 0.25%, the lowest level in its 322 year history and announced a new round of quantitative easing. The drop in the value of the pound will result in increased import charges however it will also help exports as the price of goods becomes cheaper. The UK has strengths in many industries such as financial and business services, creative industries, tourism, higher education and high value manufacturing. There is scope for the trade agreements that need to be established, to be drafted in a way that is mutually beneficial for both the EU and the UK. In the medium term the UK will remain in the EU and free trade will continue as before within the Single Market. For most UK companies, it will be business as usual however it will be wise for businesses to start considering the impact of Brexit in the short, medium and long term on their businesses and implement plans to mitigate the effects now. What we can do to help wants to reassure clients that while there may be some challenges ahead, our specialists are monitoring developments and we are able to provide advice and guidance on all areas of your business. If this report highlights any concerns, please get in touch. Planning horizon Next 2 months Next 2 years Thereafter Impact assessment Identify the issues that need addressing now and those that can wait Identify opportunities Implementation Implements plans for any mitigation strategies Be first to market with opportunities identified Communications Shareholders Suppliers Customers Staff The press Build confidence Monitor emerging situation Further actions as identified

Strategy & Operations In the face of current uncertainty, engaging in strategic planning can prove to be valuable. Scenario planning is the process by which a business develops pictures of potential future scenarios for the purposes of developing a strategic response. How will Brexit affect business? Trade within Europe Impact on importers Impact on exporters Price inflation Confidence to invest Order books Domestic consumer market Pensions Staff Funding Regulatory divergence is expected to grow over time leading to an increase in the cost of trade in some areas, a potential decrease in volumes and disruption to the supply chain Costs are expected to increase as the pound weakens Invoices in sterling will be cheaper to settle by foreign currency holders Costs linked to the $ (fuel) and the (imports from EU) may increase Major UK companies may cut back on investment which will impact supply chain suppliers in the UK Projects may be delayed in the face of uncertain economic outlook Potential lack of confidence to spend money in uncertain times Fall in value of pension pots may lead to delayed retirement by employees Many sectors have benefited from free movement of labour within the EU. A greater dependence on UK nationals for staff may lead to increased labour costs for business The UK will lose the benefit of any EU funding its sectors have been eligible for although the loss of the EU state aid rules will mean that the UK government will be free to offer new funding as they see fit Scenario planning Scenario planning is useful where a long-term view of strategy is needed and where there are a few key factors influencing the success of the strategy. You will need to assess the validity of your strategy in light of Brexit. The nature of scenario planning means that precision is not possible, but it is important to develop a view of the future against which to evaluate and evolve strategies. The process is as follows: 1. Identify the key forces which might affect your industry or market. 2. Understand historic trends in respect of the key forces. 3. Build future scenarios e.g. optimistic, pessimistic and most likely. What can you do now? Conduct a scenario planning assessment. Consider which of your costs are set to fluctuate in the coming 2 years and plan how you will mitigate them: Can cost increases be passed onto customers? Do you have any escalator clauses? Can the effects of cost increases be viably mitigated with hedging derivatives? Is there a threat to your staff levels? Conduct a review of your supply chain to help understand where there may be weaknesses in light of Brexit. Assess to what extent you expect sales revenue to be affected due to a Brexit backlash. Assess staffing requirements over a period of 2-5 years. Consider how cash gaps can by plugged after a loss in funding. Consider putting in place additional banking facilities now whilst the business has less need, as future lending appetite can not be guaranteed. Consider delaying or bringing forward investments/projects.

VAT & Duty There is short term comfort that, until Article 50 is triggered, businesses can trade as normal, with business to business trade ( B2B ) in the EU being largely VAT and Duty free. VAT VAT is a European tax. Withdrawal from the EU means that UK VAT law will no longer be governed by the EU VAT Directive. VAT raised 115bn revenue for the UK Treasury in 2015. Therefore, it is expected that VAT will remain in place as an important revenue raiser for UK Plc, but the UK will have more freedom to set VAT rates. On the plus side more zero-rating may emerge, whereas on the downside VAT may be raised above 20%, to cope with any economic impact and to generate additional revenue. The biggest VAT impact will be the change to Intra-EU trade. At the moment B2B transactions are zero-rated for VAT purposes. In future such sales will be imports into the EU and subject to EU VAT, which has a number of potential consequences. On the plus side, there will be no more Intrastat or ESL s for UK business to complete. However, we urge you to consider the following points: Will a local EU VAT registration be required? This may particularly be the case if your customer does not want to be the importer of record, when goods are being imported; There will be increased freight agent costs of arranging imports and exports. There will be a requirement to enter and clear goods and is estimated this could cost 4bn for UK business; tariffs. The UK was a member of the EEA before it joined the EU and remains a member today. However, as widely reported in the press, achieving this type of agreement may have a cost both politically and economically. What can you do now? Review WTO tariff codes for their intra-eu supply chains, to consider the worst case scenarios. Review customer contracts for delivery terms i.e. are your goods Delivered Duty Paid (DDP), this means that you as the supplier are responsible for any Duty chargeable rather than the customer. Consider if your customer will act as importer of record. Establish the VAT rate of the countries you trade in. Discuss the future structure of the business could an EU subsidiary be established in the medium term. Review supply chains and look at where goods are sourced from. Review transport costs and providers. Whilst UK businesses should still be able to recover VAT on overseas expenses the system is paper based and is a more onerous and lengthy procedure. Customs Duty This potentially has a major impact and very much depends on the negotiation of a Free Trade Agreement ( FTA ) with the EU. Without an FTA, the normal WTO tariffs apply. For example, for a UK car manufacturer selling cars to its French subsidiary would result in a 10% duty tariff, being imposed on the transaction. Therefore, an FTA is critical to businesses with EU supply chains. Major industries exporting from the UK will be urging the Government to secure free trade to protect the future of these industries. It is hoped that as the UK is a country bordering the EU we may have an agreement similar to Norway which is a member of the EEA. Norway trades tariff free with the EU. It still has the additional cost of the import entry compliance but without the

Talent & Employment In the immediate aftermath of the result, employers will need to concentrate on reviewing the implications for their workforce and then communicating with their employees. Employers are used to EU employees currently having the right to live and work across the EU without restrictions and applying EU regulations on social security coverage and benefits to EU mobile workers. Talent Immigration laws are almost certainly going to be affected, given that one of the major debates as to whether the UK remains within the EU was based on immigration or the lack of control on immigration. It is possible the UK will no longer be subject to EU free movement principles and so thousands of employees, like EU nationals or even UK expatriates and their families, who work in various industries across the whole of Europe will be affected. In the most extreme scenario this may result in many of them having to leave the UK and vice versa, thereby creating an employment nightmare. Whilst the impact may not be immediate because EU nationals already working in the UK should still be permitted to stay in the UK, employers should begin to prepare for potential major changes to their staff and their recruitment as soon as possible. Businesses will need to consider their ability to attract/retain the best talent from within the EU. Some commentators believe that thousands of existing EU workers may no longer qualify to work in the UK if they fail to qualify under the points-based system we currently use for workers from outside the EU. Employers already face big challenges and costs when hiring non-eu workers under UK immigration laws, which makes it hard to find the skills they need. Remuneration If EU workers are forced to leave the UK as a result of Brexit, this could herald a shift in the balance of power in the job market towards employees, with the battle between businesses for the best talent intensifying. The result would be an increase in wages, particularly for those people with skills that are in high demand in the industries that have traditionally depended on migrant workers (healthcare, education, hospitality, construction and manufacturing). If the influx of cheaper labour from Europe is reduced, the bottom quartile of the job market could also see a pay boost. This is not such good news for British businesses that may have to pay more to fill positions and retain staff. If businesses struggle to find the people that they need they may need to turn to outsourcing recruitment, resulting in a further increase in costs. What can you do now? Be ready to address specific employee queries on their position throughout the exit negotiations. Consider how you will choose to approach communication (to the workforce as a whole or just to key individuals that may be affected) and the medium (email, intranet, video or face-to-face contact). Assess staffing requirements over the next 2-5 years. Set up an in-house Brexit team that includes HR; liaise with HR counterparts in other jurisdictions. Conduct a workforce audit to assess what proportion of staff originates from the EU and determine their skill set. Identify options available if this staff base was to be lost. Consider costs of having to train new staff. Assess to what extent staffing costs may increase in the future and whether those costs can be met or if down-sizing may be required.

Finance Business will go on as usual and future financing options will still need to be considered. These will need to be assessed on how appropriate they are and how attainable they are, as they were before, but even more so in light of Brexit. To secure finance/investment businesses will need to ensure that the effects of Brexit have been considered in their business plan. This will give the best possible chance to secure funding. Being open minded is key the funding environment has developed considerably over recent years and there are new options available. Equity finance At this stage it is difficult to assess how investors will react to Brexit. By and large they are likely to be indifferent as the pros and cons on either side cancel out. What we might expect to see is a Government response which will encourage inward investment. This could be through an expansion of the already generous investment tax relief schemes (EIS, SEIS, VCT) or via a lowering of the income tax rates to encourage wealthy individuals to remain in the UK. Indeed foreign investors may find a UK business more attractive due to the weakening of the pound. Debt finance British banks have been told they must keep lending to drive the economy since the vote. The Bank of England is looking to avoid a credit crunch of the type seen in 2007 where lending was restricted and customers were unable to access vital funds. This leads to a deepening of the recession and a delay in recovery. The Bank of England has lowered the base rate from its previous low record of 0.5% to a new record low of 0.25%. This will make borrowing even cheaper and act as a stimulus to the economy. The downside however is that it could drive up inflation. Asset financing might be more attractive in the short term until the full ramifications of Brexit can be determined. Leasing and hire purchase could be a short-term solution for a business to access new equipment which would otherwise be unaffordable because of cash-flow constraints. This will also facilitate some form of cash fund retention in the business. What can you do now? Fully investigate all financing options think more broadly than the traditional financing options that you have stuck to in the past Assess requirements for future capital investment and consider risks involved if faced with economic hardship Consider whether a risky project would benefit from asset financing rather than capital investment so a quick exit option is available If the business is looking to raise finance in the short-term, has the effect of Brexit been factored into any business plan Establish the effect of the fluctuation in the value of the on sales and costs in overseas currency Review and potentially revise previous forecasts Review cash flow predictions Determine whether the life-span of planned projects needs to be adjusted and whether the project is still viable in light of this Consider the possibility of altering the way projects assessed as being no longer viable are structured asset financing rather than asset acquisition

The Economy The one projected outcome of the referendum that was not disputed by either side was that a vote for Brexit would result in a period of damaged growth for at least a period of a year. The prospect of a recession also looms however the Government has been long aware of this danger and appears to have done all it can to reassure global business and the financial community. We have already seen the Government scrap their commitment to a balanced budget by 2020 and more recently the Chancellor announced a possible cut in corporation tax to 15%. Trade within the EU The EU is the UK s main trade partner. EU membership meant that goods and services were cheaper for UK consumers and it allowed UK businesses to export more. Brexit is likely to result in lower EU-UK trade unless the UK manages to negotiate favourable trade agreements with all of the EU member states. Assuming a close relationship with the EU as a whole is desired, then remaining a member of the European Economic Area (EEA) is one option. This is the Norwegian approach. Norway is bound by EU legislation in a number of policy areas, however it retains its own agricultural and fisheries policy and it also has the freedom to negotiate its own free trade agreements with non-eu countries. While this seems attractive, the ability to vote or be involved in any decision making process within the EU is removed in the absence of full EU membership. The alternative model is the Swiss approach. Switzerland vetoed membership to the EEA and its exports to the EU (which constitute 50% of total exports) have been achieved through 120 bilateral agreements with Brussels. It took many years for Switzerland to negotiate its trade agreements so if the UK was to seek this approach, they would be in it for the long haul. Trade outside the EU EU membership has prevented the UK negotiating free trade deals and the EU had negotiated few deals for us: none with China, India, Australia, or Brazil. EU funding Billions of pounds of EU funding had been earmarked for projects to create jobs and growth across the UK over the coming years. The money goes towards subsidising UK farmers, supporting poorer regions of the UK, funding research at UK universities among other things. Part of the Leave campaign s argument was that Brexit would enable the money currently contributed by the UK to the EU to be redirected to these projects thereafter. As it is expected that economic growth will slow, it s likely that funds will need to be directed at holding up the economy thereby reducing the pot available to parties hoping that their funding and subsidies be maintained. What can you do now? Determine how much of your business is from EU/Eurozone markets. Monitor the negotiations of free trade agreements to determine where threats and opportunities lie in the future. Determine what impact uncertainty and change would have on projected growth rates. If the business is in receipt of EU funding, determine how this might be impacted. Establish how any shortfalls in cash as a result of any withdrawal of EU funding will be met. To a certain extent, Britain s links with the EU have held back its focus on emerging markets. Leaving now allows the UK to diversify its international links. That is of course as long as the UK does not vie for membership of the EEA and has the patience to sit through the often lengthy negotiation process it took 9 rounds of negotiations for Switzerland and China to reach an agreement.

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