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Setting up a business involves complying with a range of legal requirements. Find out which ones apply to you and your new enterprise.

Every business needs to be aware of its obligations under minimum wage and equal pay laws, as well as recent pensions auto-enrolment changes.

What particular regulations do specific types of business (such as a hotel, or a printer, or a taxi firm) need to follow? We explain some of the key legal issues to consider for 200 types of business.

While poor governance can bring serious legal consequences, the law can also protect business owners and managers and help to prevent conflict.

You must comply with legal restrictions on employees' working hours and time off, or risk claims, enforcement action and even prosecution.

The right employment policies are an essential part of effective staff management. Make sure any policy is clear and well communicated to employees.

Whether you want to raise finance, join forces with someone else, buy or sell a business, it pays to be aware of the legal implications.

While sick employees need to be treated fairly, you need to ensure that 'sickness' is not being used as cover for unauthorised absence.

Marketing matters. Marketing drives sales for businesses of all sizes by ensuring that customers think of their brand when they want to buy.

Most pregnant employees are entitled to maternity leave and maternity pay, while new fathers are entitled to paternity leave and paternity pay.

Commercial disputes can prove time-consuming, stressful and expensive, but having robust legal agreements can help to prevent them from occurring.

As well as undermining morale, illegal discrimination can lead to workplace grievances. Employee discrimination is covered by the Equality Act 2010.

Whether your business owns or rents premises, your legal liabilities can be substantial. Commercial property law is complex, but you can avoid common pitfalls.

Home, remote and lone workers are becoming increasingly commonplace. Key issues include communication and how to manage and motivate people remotely.

With information and sound advice, living up to your legal responsibilities to safeguard your employees, customers and visitors need not be difficult or costly.

The right approach to consulting with and providing information to your employees can improve employee motivation and performance.

As information technology continues to evolve, legislation must also change. It affects everything from data protection and online selling to internet policies for employees.

Disciplinary and grievance issues can be a major burden to employers. Putting in place and following the right procedures is essential.

Following the right dismissal and redundancy procedures helps protect your business and minimise the risk of a legal dispute at tribunal.

Intellectual property (IP) isn't solely relevant to larger businesses or those involved in developing innovative new products: all products have IP.

Employment tribunal claims are a worrying prospect for any employer. A tribunal case is a no-win situation – even if the claim is unjustified.

Knowing how and when you plan to sell or relinquish control of your business can help you to make better decisions and achieve the best possible outcome.

From bereavement, wills, inheritance, separation and divorce to selling a house, personal injury and traffic offences, learn more about your personal legal rights.

HMRC asks businesses to pay back R&D tax relief

12 March 2024

Thousands of small businesses have been asked to pay back the R&D tax relief they received in recent years as part of an HMRC crackdown on error and fraud.

The BBC is reporting that HMRC is "reassessing past research and development (R&D) tax relief claims, after underestimating the level of error and fraud over many years". According to the BBC, thousands of businesses have been asked to pay back the tax relief they were given under the R&D scheme because HMRC has now reassessed their original claim.

"These retrospective challenges on R&D tax relief are widespread in the start-up community and crippling." Dom Hallas, executive director, Startup Coalition.

R&D tax credits were introduced in 2000 to incentivise companies to innovate by giving them tax relief on investment in new technologies. However, HMRC estimates that more than £1bn was lost to error and fraud in tax relief to smaller businesses in 2020/21 alone.

HMRC told the BBC: "We recognise the importance of R&D in driving innovation and economic growth and we are determined to ensure that the claims process is straightforward for genuine claimants. We have to make sure that claimants are entitled to the reliefs they claim and will only seek to recover money where it hasn't been claimed in accordance with the law."

Last year, chancellor Jeremy Hunt announced reforms to the R&D tax relief scheme as part of a crackdown on fraudulent claims. According to research conducted by R&D claims platform EmpowerRD, 59% of R&D claims were either challenged or declined by HMRC in 2023.

Now, it seems that HMRC is seeking to recoup some of the tax relief from businesses that benefited from the scheme in the past few years. The BBC has highlighted the case of optometrist and entrepreneur Dhruvin Patel who has been asked to return £49,000. Patel, the founder of Ocushield, received the money in 2022 for work during 2020/21 on a new lighting product. In January 2023, HMRC sent him a "notice of enquiry", informing him that a compliance check on his claim found similar products already in existence. The dispute is now going to arbitration.

"It's very clear that HMRC is mishandling its approach to past and present R&D claims in a way that undermines the innovative small firms who are needed if we are to grow our economy. The tax authority needs to recognise the importance of a predictable and supportive tax environment for those businesses at the cutting edge of technological change, which are increasingly small firms." Tina McKenzie, policy chair, Federation of Small Businesses (FSB).

Written by Rachel Miller.

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