Berkeley Townsend Chartered Accountants
  • Welcome
  • Our Team
  • Tax Tips
  • Business Advisory
  • Accounting Services
  • Financial Services
  • Personal Tax
  • Other Services
  • Privacy Notice
  • Welcome
  • Our Team
  • Tax Tips
  • Business Advisory
  • Accounting Services
  • Financial Services
  • Personal Tax
  • Other Services
  • Privacy Notice

Client Services

We provide a wide range of services to our clients.

We have many different types of clients, and we aim to provide each client with the very best service for their particular circumstances. Our clients range from sole traders to large international firms.

We represent charities, residents' associations, IT consultants, doctors and a large number of different trades and professions.

Accountancy Services

Annual Accounts - every business needs to prepare annual accounts both for tax purposes, and for the regulatory purposes of the Companies' Acts in the case of limited companies. At Berkeley Townsend we can provide a highly competent accountancy service, whereby your annual accounts will be prepared efficiently and economically.

Audit work - as a practice Berkeley Townsend is authorized by the Institute of Chartered Accountants in England and Wales to carry out audit work. We can provide this service in an efficient and cost effective manner.

Management Accounts - we can provide management accounts to provide your business with the necessary regular financial information it needs to be a success. We can review these accounts with you, and make suggestions for improving your business efficiency and profitability.

Cash Flow and Profit Projections - as part of our business package we can provide you with cash flow projections to enable you to get the most from your business, and to ensure smooth financial operation. We can provide profit forecasts, and generally provide you with the kind of detailed financial information and forecasts you need to plan the future of your business.

Financial accounts and Business Plans - at various stages in the development of your business you may need to make financial decisions regarding expansion or business borrowing, for example. The professional or financial institutions you deal with may require financial accounts, forecasts or business plans, and we have the experience to assist in the preparation of all the financial information and accounts that might be necessary.

Payroll Service - we provide a comprehensive, efficient and cost effective pay roll service for businesses of all sizes. Whether you employ one employee or a hundred, let us handle your payroll and PAYE headache for you.

Book Keeping Services / Accounting Systems Service - let us advise you on the necessary software for your business I.T. system. We can help you set up and maintain your own electronic records, or if you prefer, we can provide you with a book - keeping service ourselves.

Forensic Accountancy - we have considerable forensic accounting experience. We have acted as expert witnesses, and can provide investigative and valuation reports for a wide range of forensic or legal purposes.

Taxation Services

Tax advice and consultancy - we are able to advise our clients, both businesses and individuals about the most tax efficient ways of managing your affairs. We can assist you with tax planning, and our attention to detail ensures you will receive up to date and individual tax advice. We will minimise your tax liability in as far as the law permits, and our aim is to make absolutely sure you never overpay the taxman.

Revenue or Customs and Excise Investigations - if you encounter a problem with the tax authorities, then we have the experience, expertise and talent to ensure that the investigation is handled in as professional and satisfactory way as possible. Self Assessment will mean that increasing numbers of tax payers and businesses will face routine investigations. We can help you or your business through what might otherwise be a worrying time. From supplying answers to questions, to handling wholesale in depth investigations we have the ability to help you. We have considerable experience in dealing with both theInland Revenue and Customs and Excise, and we are respected for our professionalism in handling these cases.

Tax returns - we are able to provide you with assistance in the completion and submission of personal and business tax returns. We will deal with any queries and concerns you may have, and ensure that you are only required to pay the correct amount of tax. Recent studies show that a staggering percentage of people pay too much tax - don't find yourself in that category!

Vat returns - we can deal with the preparation and submission of VAT returns to Customs and Excise. We can advise on VAT problems and liase with Customs and Excise on your behalf.

Company Secretarial & Set Up Services

Company set up - Berkeley Townsend provides a cost effective company formation package. We can obtain an off the shelf company for you, or else we can tailor make a company for your specific needs.

Shareholders' Agreements - we can draft and advise on the kind of shareholders' agreements that best protect your interests and promote the success of your company.

Company Secretarial Service - one of the disadvantages of operating as a limited company can be the amount of paperwork and formalities that need to be complied with. We can maintain the statutory records for you, or give you the right advice and assistance if you maintain them yourself. We provide a registered office facility, whereby you can use our address as your company registered office. This will mean that legal documents and statutory notices would be delivered to the Berkeley Townsend address, and we can advise you on the steps you need to take in respect of them.

Partnership Agreements - if you decide to operate as a partnership we can help draft partnership agreements that properly reflect how the partnership will operate, how profits will be shared and what will happen on dissolution of the partnership.

Business Consultancy Services

Management Advice and Consultancy - When you run your own business there will be times when you will be grateful for a second opinion. Whether it relates to how to manage a problem or how to capitalise on your success, the old adage of two heads being better than one certainly holds good. We can give you the benefit of our many years of experience, and you can be sure we will be independent, professional and do our utmost to further your interests and those of your business. We also have access to free- lance management consultancy advice if necessary.

Expansion - If your business is doing well you may be considering expansion, taking on new commitments, encouraging enterprise and commitment from your employees. We can advise on all aspects of expansion, from feasibility to financing it, from acquisition of new contracts, markets or premises, to rewarding employees with share initiatives. We can help you achieve the maximum advantage from new ventures and opportunities,

Business Rescue - every business will face times of hardship or difficulty. We can help with managing and improving cash flow, restructuring, turnarounds, recoveries and re-financing. Our quality advice and proven talent will make a big difference to your prospects and the ability of your company to develop a successful future.

Financial Services

You need to be sure that whoever advises you on financial matters is well qualified to give you the best independent and impartial advice.

We are regulated and are approved to provide advice on a wide range of financial services, and we can have access to a wide range of financial institutions and their products. Not only can we help with new investment, we can review your existing investments to ensure they are suitable for your needs in an ever - changing world.

Together we can develop a financial strategy that covers all the important financial areas in your life, such as mortgages, pensions, life insurance and a range of investment products.

Savings - we can assist in developing both short term and long term tax efficient savings plans suited to your needs. Whether you are interested in saving for school fees, retirement or a potential rainy day - we can recommend the financial services product that suits your requirements.

Investments - we can help you build up your portfolio of investments in stocks and shares, and advise you on the best kind of investment for your circumstances. We can introduce you to advisers well versed in the complexities of the equity markets.

Pensions - Building up a good pension is vital, especially given the unlikelihood of state retirement pensions keeping pace with the needs of tomorrow's pensioners. We can help with planning your pension; reassessing the suitability of your current provision, and we can advise employers on the provision of new stakeholder pensions for employees.

Mortgages - For most people the single most important financial decision they will make relates to their mortgage. We can help, whether you need a simple mortgage, or whether your circumstances are more complex. We can access a wide range of different mortgage products from reputable mortgage lenders, and will help ensure that the choice you make is not a choice you will live to regret.

Legal and Employment Department

Both business and private clients may want to use our legal department for legal advice on a wide range of legal issues.From contract and company law to employment and family law, we are here to help. We can help you with the drafting of contracts, both for employees and independent contractors, and if you provide personal services through a company we can obtain IR 35 clearance from the Inland Revenue.

We can advise on and draft a wide range of legal documentation, from confidentiality agreements, through to shareholder's agreements, partnership agreements and commercial contracts.

Many of our clients are employers, and need advice and assistance in employment law issues. From the initial drafting of employment contracts, to advice on redundancy, disciplinary matters, and dismissal, our legal department can help. For our clients who are employees, we can give advice from an employee's perspective.

Employee or Independent Contractor?

If you are paying another person to assist you in your business it is vital to determine whether that person is an employee or independent contractor.

Their status affects:
  • Your obligations regarding PAYE and NI contributions
  • Their employment rights and protection
  • Your responsibility for their safety
  • Your legal liability if they do something wrong whilst carrying out their job.Tests Used
The courts and the Inland Revenue use a number of different tests to determine whether a person is an employee or independent contractor. No one test is conclusive - instead the overall situation will be examined to see what category best describes the worker's true situation.

A starting point will be to look at the contract between the parties, and to see how they describe and treat the relationship. However, this is not conclusive - the advantages to both sides of inaccurate labelling are well known! Does the contract talk of independent contractor or employee? Is the worker left to make his own tax and NI provision, or is this done by the employer? Where the case involves health and safety issues the courts are more reluctant to hold that a worker was an independent contractor, as they lose a great deal of protection for their physical welfare.

The degree of control exercised by the employer is also important. The greater the amount of control, the more likely someone is an employee. Independent contractors have greater freedom to decide how and when to do the task, whereas employees are likely to be restricted to working certain hours, and are subject to greater regulation on other matters, such as holidays, reporting sick etc. Employees tend to form part and parcel of their employer's organisation, whereas independent contractors can be regarded as being in business on their own account.

Mutuality of obligations is a key concept. In ordinary language this means that an employer is obligated to continue to provide work and pay, and the worker is obligated to continue to provide labour, unless the contract can be lawfully terminated. If there is mutuality of obligation, then the relationship is that of employer/ employee. If there is no mutuality of obligation it means that once the contractual task is completed the employer does not have to continue to use the worker, and is free to use others if he wishes. Similarly the worker can work elsewhere, and does not have to continue to work for the employer.

Finally the economic reality of the situation will be looked at. If the worker is using his own equipment, and is taking a financial risk then they are more likely to be an independent contractor. If they are able to work harder and benefit from their efficiency this will point to an independent contractor, whereas an employee tends to use the employer's equipment, and takes no financial risk. If an employee is efficient and gets the job done more quickly than expected, the employer benefits, and the employee just gets given more to do!

Employers and their Obligations to their Employees -Written Statement of Initial Employment Particulars and Employment Contracts

If you employ someone to work for you, then it is important to work out at the beginning what the terms of your agreement are. This agreement or employment contract is vital, as it will govern any disputes between you and your employee. It pays to set out the basis of your relationship clearly, as it can help you have a more productive employment relationship, and protect you if things go wrong. In theory you do not need to put your agreement in writing, but this is usually the safest way of proceeding. In any case, the law requires you to provide all employees with a written statement of their employment particulars within 8 weeks of starting work. This can be in a written contract or as a document in its own right.

Written Statement of Initial Employment Particulars

This must contain the following -
  • The names of the employer and employee
  • Employer's address
  • The date of the beginning of the employment
  • The date when continuous employment began ( this may not be the same as the beginning of this employment, as it could include earlier employment where a business has changed hands)
  • The amount and method of calculating pay
  • The intervals at which payment is made
  • The hours of work
  • Holiday entitlement
  • Job title or description
  • Place or places of work
  • Details of sickness procedure and sick pay
  • Details of any pension entitlement
  • Period of notice required to end the contract
  • If temporary employment - how long for - or if fixed term
  • If there are any collective agreements affecting the contract
  • Disciplinary rules ( unless small employer)
  • Grievance Procedures
  • Any details of work abroad if for a period exceeding one monthContracts of Employment
Written employment contracts contain express terms that govern the relationship between the parties. As well as covering the matters stated above under Initial Employment Particulars, it is usual to insert other clauses relating to matters such as confidentiality, and in some cases, restrictions on what the employee can do when his employment ends. These clauses need to be carefully drafted to protect the employer's business without being an unlawful restriction on the employee's freedom.

As well as express terms, the law will imply other terms in the contract, for example that the employer will pay wages, without making improper deductions, that he will take reasonable care of the employee's safety, and will co-operate with the employee so as not to destroy the relationship of mutual trust between them. In addition the law implies that an employee has a duty to co-operate with the employer, that he will obey reasonable and lawful instructions, take reasonable care and abide by his duty of fidelity. This duty is a duty not to compete with the employer, not to disclose confidential information, not to benefit from the work done for the employer, and not to be dishonest.

Restrictions - The National Minimum Wage and Working Hours
Whilst the parties have a great deal of freedom in relation to the terms of an employment contract, the law sets down minimum rates of pay and controls the number of hours most employees can work. In addition there are special rules about Sunday working. As an employer you must take care to ensure that you do not breach these rules.

Discrimination
You must also take great care to ensure that the terms on which you employ people are not discriminatory. There must be no discrimination on the grounds of race or sex, and there are important rules relating to disability discrimination.

To Marry or Not?

It is a common misconception that persons living together as husband and wife have the same legal rights and responsibilities as a married couple.

The law makes some very critical distinctions between a married couple and a couple who are cohabiting. There is no automatic parcel of rights that attach to being what is commonly called a " common law wife" and there are serious consequences for both parties to the relationship from a decision to marry or not.

Private Client Service

No two people's personal financial affairs are ever the same.We will make sure you receive the individual private client service you need and deserve. You will always be seen by the partner assigned to your affairs, ensuring a one-to-one service, and a relationship you can depend on.

We can assist you with your tax affairs and tax planning.
In the event of your tax affairs being the subject of an Inland Revenue investigation, we will be able to help minimise the distress and disruption to your affairs. We can help with financial advice and services, and our legal department is available to you.

Business Client Service

If you are in business, then we can do much more for you than a set of annual accounts!

Obviously we can provide you with an excellent accountancy service, offering efficiency and value for money. We can provide all the statutory accounts, both audited and unaudited that your business needs, as well as other types of financial and management accounts.

We provide tax advice for businesses, and ensure that your business tax affairs are handled properly in the most tax efficient way. We can liaise with the Inland Revenue and Customs and Excise, producing VAT returns and other tax returns as may be necessary. We have considerable experience in assisting businesses that are undergoing Inland Revenue investigations, and we can help reduce any trauma and achieve a satisfactory outcome for your business.

In addition we can provide business advice, assist in business start-ups, and help you search for better business performance and profitability. We can prepare business plans, assist in business expansion and provide an independent analysis of the strengths and weaknesses of your business.

Our practice can support the day-to-day operation of your business with our bookkeeping, payroll and company secretarial services.

Our legal department can assist with advice, the drafting of any legal documents you may need, and can provide in-valuable help with negotiating the minefield of employment law.

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Hunter House,150 Hutton Road, Shenfield, Essex, CM15 8NL
​Tel: 01277 227070
Regulated by the Institute of Chartered Accountants in England & Wales (ICAEW)
Authorised and regulated by the Financial Conduct Authority.