In June 2016 the UK took the decision to leave the EU, but how is this likely to affect you and your business?
Since the referendum, our team at Haslers has had a number of common queries regarding Brexit, including:
While it is true that the country has chosen to leave the European Union, the act required to actually begin this process is yet to take place.
Article 50 of the Lisbon Treaty must be triggered in order to commence the formal arrangements for a member state to leave the Union.
Once triggered, the UK will have two years to negotiate the terms of its future with the EU, although this period can be extended with the approval of the other 27 member states.
This is yet to happen for a couple of reasons. Firstly, it is not yet clear whether the Government can trigger Article 50 without the approval of Parliament, this is currently under judicial review; and secondly because the Prime Minister has indicated that she doesn’t wish to begin the process until the start of 2017.
In fact, several members of the Government have indicated that we may not actually Brexit until 2020, during this period we will remain a member and are bound by the same legislation and agreements as other members.
It is not clear whether the UK will remain in the Single Market. It will be up to the UK Government to articulate whether it wishes for the UK to remain a part of it, although the evidence suggests that the current Government does.
It will then be for the remaining EU Member States to decide whether they wish the UK to remain in the Single Market.
At present, the only way to be in the Single Market is to be part of the European Economic Area (EEA), either as a member of the EU or a member of the European Free Trade Association (EFTA).
Alternatively, the UK may decide to choose to trade by the rules stipulated by the World Trade Organisation (WTO). This would avoid the complexity of creating a new free-trade agreement, but would also remove any favourable relationships Britain has with the EU or any other trading bloc.
The economic impact of Brexit is difficult to accurately assess. However, the strong consensus amongst the majority of economists and research institutes suggest that Brexit will negatively impact the British economy, at least in the short-term.
A lot still remains unclear about the future of UK trade and much will rely upon the Government’s ability to maintain a relationship with the Single Market, either by remaining a part of it or establishing a close partnership with it.
If they fail to reach an agreement on this issue before the UK leaves the EU, the country may find itself in a position where it has to re-affirm or renegotiate trade agreements with all 27 member states.
In the meantime, the lower price of the pound against the euro and the dollar means that there may be an opportunity to make British goods and services more competitive.
While exports will benefit from the weakened pound, the opposite is true for imports and businesses reliant on the import of raw materials or components from foreign suppliers may find that their costs increase as a result.
If the UK leaves the EU without securing an agreement on a new relationship, UK trade relationships with the EU would be governed by WTO rules, under which EU member states would be obliged to charge tariffs on UK goods at the rates agreed for WTO members that do not have a preferential scheme or trade agreement in place with the EU.
If the EU were to waive those rates for the UK, it would also have to waive them for the same products for other countries.
The UK would also have to charge WTO rates on goods it imports from the EU. However, it could waive tariffs on imports from the EU, but would also be obliged to waive the same tariffs for products for all countries in the world with which it does not have a trade agreement under the WTO’s rules.
Much was promised in the run up to the referendum about businesses seeing a reduction in red-tape and bureaucracy following a vote to leave. However, many of these issues may persist after Brexit, especially if businesses wish to trade with other EU member countries.
Many of the strict guidelines will still need to be adhered to if a company wishes to sell its product into the member states. Do not forget products sold into any nation around the world must meet those countries guidelines, so many of the processes and administration will still need to take place.
If freedom of movement is curtailed then those that have non-domicile status may face issues when trying to seek advantages from living overseas.
Their ability to switch residence between the UK and overseas tax havens may be hindered, although in reality not to any great extent.
Most of the UK’s Double Tax Treaties, which are extremely important to overseas investment in the UK, contain their own provisions that prohibit a country from imposing tax measures that may discriminate against a person or company from another state. So these are likely to be unaffected by Brexit.
It is unclear yet what rules will be negotiated regarding freedom of movement and the continued residence of European member state residents in the UK.
However, it is unlikely that current citizens living in the UK or the rest of the EU would be forced to leave and the measures would likely only apply to future movement.
As the negotiations on Britain’s exit begin we may begin to see some discussion about the future of VAT, which is a Europe wide tax that is bound by the EU VAT Directive.
This set of European rules has limited the UK’s ability to set its own VAT rates and reliefs. However, post-Brexit the Government may find that they are free to decide their country’s own rates of VAT and we are likely to see a divergence from EU practices.
Many businesses will be focusing on their own business when it comes to the issues raised by Brexit, but it is important to consider how it will affect your suppliers.
If part of your supply chain is reliant on businesses that import raw materials and components from overseas then you need to be prepared for an increase in costs that may be passed on to you and your business as a result of the weaker pound.
Businesses are likely to be under stress over the next few years due to the uncertainty they are facing, the collapse or financial difficulties of a supplier are often passed up the supply chain, so it is best to prepare your business for this.
Over the last few decades the EU has provided a significant amount of funding in the form of grants and subsidies, particularly in areas such as farming and manufacturing.
During the next two years these arrangements should remain in place. However, whether all of these arrangements will be maintained once the UK is ‘independent’ is not clear. If you are unsure whether you will lose funding, it may be beneficial to explore whether leaving the EU will allow the funder to terminate the agreement you hold with them.
If it does allow them to end the funding then it may be best to seek alternative finance elsewhere or adapt your plans to adjust for a decline in income.
Our general advice is to seek assistance as and when changes occur. Ensuring you have the right professional adviser on your side that understands your needs should be your first priority.
For many the best approach may be to carry on with ‘business as usual’ but with an eye on unfolding events.
We aim to regularly amend this FAQ list to keep you up to date with the latest issues affecting British businesses.
If you have any immediate concerns our team at Haslers is available to discuss the issues you are facing, please call 020 8418 3333 or email email@example.com.