THE LAPADA CONFERENCE 2017 … · encrypted if you experience a ransomware attack. • Ensure you...

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THE LAPADA CONFERENCE 2017

Transcript of THE LAPADA CONFERENCE 2017 … · encrypted if you experience a ransomware attack. • Ensure you...

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THE LAPADA CONFERENCE 2017

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CONTENTS

• Understanding cyber threats and how to protect your business

– Dan Sloshberg, Cyber Resiliency Expert, Mimecast

• Legal pitfalls of online selling

– Philip James & Danielle Spiers, Partners, Sheridans

• An audience with Christopher Marinello

• Making tax digital – what you need to know

– Craig Davies, Partner, Rawlinson & Hunter

• Establishing trust with clients

– Toma Clark Haines, CEO, The Antiques Diva & Co

• The day in pictures – lunch & networking

Lord Chadlington, LAPADA Chairman, opening the Conference

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Understanding Cyber Threats and how to Protect Your Business – Dan Sloshberg

• DAN SLOSHBERG, CYBER RESILIENCY EXPERT, MIMECAST

• Dan spoke convincingly on the ubiquity of cyber-attacks, showing that small businesses are also targeted. Having made his audience “scared enough”, he gave practical tips on how to spot hacker tactics and how best to protect your business.

Some facts about hacking

• 91% of incidents start with an email

• Hackers try to plant a virus or malware on your system by getting you to click links in emails or open attachments.

• 1 minute 40 seconds is the median time it takes for someone receiving such an email to click on the link or open the attachment

• Often these ‘phishing’ emails can appear to come from people or organisations that you know or a trusted source.

• Targeted attacks are well researched, with hackers gaining information about you from your website, Companies House and other sources.

• 70% of attacks lead to a secondary target. This is because large firms tend to have better defences against hackers, so the hackers first target small firms, such as suppliers or contractors, and then gain access to the large firms using their initial victims as a conduit.

• Ransomware. This is virus software that encrypts the contents of your computer, denying you access to it unless you pay a ransom, usually in Bitcoin.

• Often, even those who pay the ransom do not gain access again.

• 50-60% of victims in the UK pay up. Less than 10% in the US do.

• Ransomware is a $1 billion annual business now, says the FBI.

• Hackers are sophisticated and use social engineering to target the vulnerable and to seem more convincing.

• Online hacking software is relatively easy to acquire at low cost and means that hackers don’t even need to know how to write code these days.

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Understanding Cyber Threats and how to Protect Your Business – Dan Sloshberg

How do you defend yourself against hacking?

• When you receive a suspicious email, click on the display name and check the actual email address it comes from. If it doesn’t look right, delete the email without opening any attachments or clicking on any links in it.

• What regular back-up systems do you have in place for your system contents?

• What additional back-up system do you have beyond The Cloud? If none, you should ensure that you do and use it regularly, on a weekly basis if possible.

• This is especially important because if your files automatically sync to the cloud, this could mean that your cloud files are also encrypted if you experience a ransomware attack.

• Ensure you can easily access any files that you back up.

• It is safer to set up a guest WiFi in your shop/gallery/office than allow people to access your main WiFi.

• Sandboxing: useful software that allows you to isolate a suspicious email and open it safely… however, even this is not foolproof.

• Also beware of Word/Office notifications prompting downloads or asking you to enable macros as these can be malware.

Actual email address: tell-tell sign it’s not from HMRC

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Understanding Cyber Threats and how to Protect Your Business – Dan Sloshberg

How do you defend yourself against hacking?

• If advertising for staff, be wary of opening email attachments such as CVs from respondents as these can be malware.

• Make sure your anti-virus software is always up to date.

• Use a password management tool that will help you to retain and use more complex and safer passwords, such as Lastpass - https://www.lastpass.com/; 1 Password - https://1password.com/ and Ascendo - http://ascendo.co/.

• Regularly change your passwords and don’t use the same password across different accounts.

• If possible, use two-factor authentication. This is a much safer system that sends a confirmation code to your mobile phone when you attempt to log in using a password (similar to banking pin sentry ). This helps with protection against bad URLs and ‘impersonation’ attacks, such as emails that appear to come from banks.

• Ensure you have a crisis plan in place so that if you are hacked or fall victim to ransomware, you can access all your information from your back-up and continue trading uninterrupted.

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Understanding Cyber Threats and how to Protect Your Business – Dan Sloshberg

Key points to remember

• Think before you click on a link. If you are uncertain, use your computer mouse to hover over the link and the check the URL. Does it look ok? Also look for grammatical errors in the email: often English is not the hacker’s first language.

• Don’t enter your log-in details on any site that pops up from an email link. It could be a ghost site set up by hackers, for instance to gain access to your bank account. Always go direct to the site via your own internet search and then enter your details there instead. If still suspicious, contact the organisation (such as your bank) directly first to check.

• For sites requiring a password, look for URLs with a prefix of https rather than just http. The ‘s’ means that it is a secure site.

• Don’t enable macros as these can give access to malware.

• Be careful about opening attachments or clicking on links within emails.

• Look at who is actually sending you an email rather than just the display name of the email: be especially careful when accessing emails through your mobile, where only the display name shows.

• Train and retrain yourself and your staff to keep alert and up to date.

• You can get insurance policies that will protect you against cyber attacks – but be sure to read the small print regarding exclusions.

[email protected] dansloshberg Mimecast email security: 0333 920 4422; [email protected]

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Legal Pitfalls of Online Selling – Philip James & Danielle Spiers

PHILIP JAMES & DANIELLE SPIERS, PARTNERS, SHERIDANS

• Philip James and Danielle Spiers, Partners at Sheridans, gave an informative

• run-down of how current legislation affects art and antiques dealers in their

• day-to-day business. Whether you transact online or simply connect with

• customers via email, there is probably more due diligence required than you

• realise. Philip and Danielle gave practical advice on how to safely manage

• clients’ data and on compliance with Distance Selling Regulations.

Managing you liability and protecting your interests is essential using terms and conditions, contracts and insurance policies, building in specifications for security and cyber security. For example, if your system is hacked because of a client’s mistake, your T&Cs should ensure that any subsequent claim is made on their insurance and not yours.

Contracts

• A contract can be an oral agreement or an agreement sent via email, not just a fully drawn up legal document. However, it is preferable to have a fully drawn up legal document as this ensures all eventualities are covered.

• Establish standard terms that will help avoid disputes with buyers and sellers. It is astonishing how many dealers do not have these in place.

• Get both parties to sign written agreements that include acknowledging that they have read and understood the terms & conditions.

• Include variations in your T&Cs to cover different selling conditions: whether you are selling direct to a client or acting on behalf of someone else.

• Use separate insurance to cover cyber security.

• Your T&Cs should include a maximum liability cap.

• You should exclude lost opportunities from your liabilities – e.g. Loss of future profits.

• Keep rigorously to due diligence protocols to avoid invalidating your insurance.

• Your insurance policy should cover loss of profit.

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Legal Pitfalls of Online Selling – Philip James & Danielle Spiers

Contract and security specifics when using a web developer

• Always take references and check testimonials when using a web developer.

• Check their T&Cs to make sure they do not include unreasonable clauses. For example, a severance clause should allow you to take control of your website and its source code and not allow the developer to hold you to ransom.

• Specification. The contract should be clear about what they are building for you.

• Copyright and who owns it. While the developer will probably retain copyright to the back end structure of the site, you should own the copyright to the graphic user interface (GUI) and how the website’s look is designed.

• Treat the development contract as you would a building contract: pay in instalments in arrears and keep back 15-20% of the fee to cover last-minute snagging.

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Legal Pitfalls of Online Selling – Philip James & Danielle Spiers

Online selling platforms

When you sign up to use one of these as a dealer:

• Check the T&Cs and make sure you understand what the risks are.

• What rights does the contract give the platform to bump up the subscription or other fees?

• How portable is your data? Can you remove it easily from the platform if you decide to leave it?

• What are your rights to terminate the contract? What rights does the platform have to terminate your subscription?

• Can you back up or download your data easily from the platform?

Data Protection

• Ensure you follow strict due diligence at all times.

• Check your responsibilities under The Data Protection Act (see http://goo.gl/FZ3nB)

• Ensure you have clear written contracts with suppliers and clients.

• Ask what you want to use personal data for.

• Ensure you secure the necessary consents for using personal data. This may be through contract T&Cs.

• Use two-factor authentication to improve data security. This is a much safer system that sends a confirmation code to your mobile phone when you attempt to log in using a password (similar to pin sentry with banks). This helps with protection against bad URLs and ‘impersonation’ attacks, such as emails that appear to come from banks.

• Ensure that data is properly protected when being transferred outside of the European Economic Area (EEA), for instance to the USA.

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Legal Pitfalls of Online Selling – Philip James & Danielle Spiers

Cyber Risk Trends

• The ICO’s latest quarterly Cyber Risk Trends Infographic is here: https://ico.org.uk/action-weve-taken/data-security-incident-trends/

• In short, there has been a 42% increase in cyber security incidents in Q2. The risk of being subject to an incident is greater than ever and directors may be personally liable if they have not taken sufficient steps to protect an organisation.

GDPR

• In addition, the new EU data protection regulation (or GDPR) comes into force on 25 May 2018; we are advising clients to prepare now (achieving compliance is project based and it is best started earlier than so as to allow for implementation and to build in time in and around daily operations).

• Under the new law, fines for serious breaches under the regulations will be increasing from the current £500k max to the greater of 4% of global annual turnover or EUR 20m.

• Sheridans’ data privacy team has prepared the following Client Briefing note on the GDPR: http://bit.ly/2gNs361 and 10 things you need to know - http://bit.ly/2hebXTO on the new law.

• In addition, we can provide clients with a GDPR Preparedness Audit – see details here: http://bit.ly/2h2k6bb to help prepare for the new law

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Legal Pitfalls of Online Selling – Philip James & Danielle Spiers

Consumer contracts

Your rights and responsibilities vary depending on where and how you sell:

• ‘On premises’

• ‘Off premises’

• At a distance

These rights only apply when you sell to a consumer, not to another trader. They mostly concern your obligations to provide information to buyers at the point of sale. The regulations give the consumer the right to cancel the sale without reason or incurring any costs. There are some grey areas under the law.

• Where dealers are selling on consignment, they need to supply the buyer with the seller’s identity and address.

• Where dealers are selling on consignment, they should protect themselves by including T&Cs that delay payment to the consignor until after the buyer’s cooling off period has expired and the sale is confirmed.

• Selling ‘on premises’. This is defined as not at a distance or ‘off premises’. As well as meaning selling in your gallery/shop, under certain circumstances this can also mean selling from your stand at a fair, provided you are a regular exhibitor at that event. However, it may be best to err on the side of caution when selling at fairs as it could be argued that it is off premises.

• The Regulations do not apply to public auctions which is where: “goods or services are offered by a trader to consumers through a transparent, competitive bidding procedure run by an auctioneer. The consumer attends or are given the possibility to attend in person. The successful bidder is bound to purchase the goods or services”.

• The sale is usually concluded when a final agreement has been reached regarding price and delivery. In most instances, this is likely to determine the location of the deal as ‘on premises’, ‘off premises’ or at a distance. In short, if the final deal is negotiated face to face in the dealer’s shop or gallery, it is likely to be considered ‘on premises’. In some other circumstances it may fall under ‘off premises’ or ‘at a distance’. For example, if a deal is negotiated face to face in the dealer’s gallery, and a final offer made, but not accepted until the buyer later confirms by email or phone, it is likely to remain an ‘on premises’ sale unless the buyer subsequently varies the terms of the deal or delivery.

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Legal Pitfalls of Online Selling – Philip James & Danielle Spiers

What information should a dealer provide to their buyer?

‘On premises’ (See: http://goo.gl/jMtX7Y):

• A clear description of the main characteristics of the items being sold.

• Your identity (such as your trading name), geographical address and telephone number.

• The total price of the goods, including all taxes, such as VAT.

• Details of any additional delivery charges or, where this cannot be calculated in advance, an indication that a delivery charge will be payable.

• Where applicable, arrangements for payment and delivery and the time by which you will take to deliver the items.

• Your complaint-handling policy.

• If you are selling goods, you should remind consumers that the goods you sell must be in conformity with the contract – for example, you might say: 'It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us'.

The Regulations do not specify how this information has to be made available, but printed on the back of the invoice is a good idea. However, be sure to draw the attention of the buyer to them and get them to sign your copy of the invoice acknowledging that you have drawn their attention to them. The information must be clear and comprehensible to the buyer before they enter the contract. So all this must be done before they sign off the final deal and pay.

If you need to change any of this information before entering into a contract, or at a later stage, you must agree this with the consumer. Failure to do so will mean that the consumer is not bound by the change of information.

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Legal Pitfalls of Online Selling – Philip James & Danielle Spiers

‘Off premises’ (See http://goo.gl/gnvb6f):

• Written information about the right to cancel the sale within a period of 14 days, commencing after the day on which the property comes into the physical possession of the consumer/their agent and how to exercise this right.

• A clear description of the items being sold.

• Your identity (such as your trading name), geographical address, email and telephone number.

• If you are acting on behalf of another trader, you must supply their identity and address.

• The total price of the goods, including all taxes, such as VAT.

• Details of any additional delivery charges or, where this cannot be calculated in advance, an indication that a delivery charge will be payable.

• Arrangements for payment and delivery and the time that you will take to deliver the items.

• Your complaint-handling policy, including an address where complaints may be made.

• The conditions, time limits and procedures for exercising a right to cancel, notifying the customer that they have 14 days after receiving the items to return them without penalty. They may return the goods without having to give a reason for doing so and you may not reclaim any standard delivery costs.

• If you are expecting consumers to pay the costs of returning the goods after cancellation you must tell them, or if the goods cannot normally be returned by post (they are too large, for example) you must advise consumers of the cost of returning them. This information may be provided by correctly filling in and providing the 'Model instructions for cancellation' (http://www.legislation.gov.uk/uksi/2013/3134/schedule/3/made )

• If you are selling goods, you should remind consumers that the goods you sell must be in conformity with the contract – for example, you might say: 'It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us'.

• If you are a member of a code of conduct organization (like LAPADA) you must inform consumers how they can obtain a copy of the code - for example, by providing a link to the code sponsor's website.

• If consumers are required to give deposits or other financial guarantees you must inform them of this obligation and any applicable conditions.

• The existence of any alternative dispute resolution schemes that you are subject to and how to access them.

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Legal Pitfalls of Online Selling – Philip James & Danielle Spiers

The Regulations do not specify how this information has to be made available, but printed on the back of the invoice is a good idea. However, be sure to draw the attention of the buyer to them and get them to sign your copy of the invoice acknowledging that you have drawn their attention to them. The information must be clear and comprehensible to the buyer before they enter the contract. So all this must be done before they sign off the final deal and pay. With ‘Off premises’ sales, you may need them to email you a scanned copy of the signed document.

If you need to change any of this information before entering into a contract, or at a later stage, you must agree this with the consumer. Failure to do so will mean that the consumer is not bound by the change of information.

Failure to provide the information set out above would allow a consumer to claim that you have a breached your contract with him and seek an appropriate remedy.

In addition, failure to notify the consumer about the 14-day cooling off period automatically adds a year to the cooling off period. During that time, the consumer may return the goods without giving a reason and without financial penalty, even if the goods are worn or damaged. They are entitled to a full refund.

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Legal Pitfalls of Online Selling – Philip James & Danielle Spiers

‘Distance selling’ (See: http://goo.gl/g2u3WZ)

The following must be provided on a durable medium, such as email.

• Written information about the right to cancel the sale within a period of 14 days, commencing after the day on which the property comes into the physical possession of the consumer/their agent and how to exercise this right.

• A clear description of the items being sold.

• Your identity (such as your trading name), geographical address, email and telephone number. An online email form is not sufficient.

• If you are acting on behalf of another trader, you must supply their identity and address.

• The total price of the goods, including all taxes, such as VAT.

• Details of any additional delivery charges or, where this cannot be calculated in advance, an indication that a delivery charge will be payable.

• Arrangements for payment and delivery and the time that you will take to deliver the items.

• Your complaint-handling policy, including an address where complaints may be made.

• The conditions, time limits and procedures for exercising a right to cancel, notifying the customer that they 14 days after receiving the items to return them without penalty.

• If you are expecting consumers to pay the costs of returning the goods after cancellation you must tell them, or if the goods cannot normally be returned by post (they are too large, for example) you must advise consumers of the cost of returning them. This information may be provided by correctly filling in and providing the 'Model instructions for cancellation' (available via link above).

• If you are selling goods, you should remind consumers that the goods you sell must be in conformity with the contract – for example, you might say: 'It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us'.

• If you are a member of a code of conduct organisation you must inform consumers how they can obtain a copy of the code - for example, by providing a link to the code sponsor's website.

• If consumers are required to give deposits or other financial guarantees you must inform them of this obligation and any applicable conditions.

• The existence of any alternative dispute resolution schemes that you are subject to and how to access them.

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Legal Pitfalls of Online Selling – Philip James & Danielle Spiers

‘Distance selling’ continued (See: http://goo.gl/g2u3WZ)

The Regulations do not specify how this information has to be made available, but including it in full on your website as part of your T&Cs and drawing it to the attention of the buyer prior to the sale is one option, provided you obtain clear confirmation in recordable format from them prior to the sale that they have been made aware of the T&Cs and accept their conditions.

The information must be clear and comprehensible to the buyer before they enter the contract. So all this must be done before they sign off the final deal and pay. With ‘Off premises’ sales, you may need them to email you a scanned copy of the signed document.

If you need to change any of this information before entering into a contract, or at a later stage, you must agree this with the consumer. Failure to do so will mean that the consumer is not bound by the change of information.

Failure to provide the information set out above would allow a consumer to claim that you have a breached your contract with him and seek an appropriate remedy.

In addition, failure to notify the consumer about the 14-day cooling off period automatically adds a year to the cooling off period. During that time, the consumer may return the goods without giving a reason and without financial penalty, even if the goods are worn or damaged. They are entitle to a full refund.

Cancellations

• Where a consumer cancels the order, you must supply a refund within 14 days of receiving the goods back. You must reimburse them using the same payment method, unless they agree to an alternative.

• You are not be able to make any deduction for diminishing the value of the goods if you have not provided consumers with the information about their right to cancel.

• You must collect goods from a consumer, following cancellation, if you have offered to do so. Otherwise it is their responsibility to return them. They are responsible for the cost of returning the goods as long as you told them that this was the case prior to the sale.

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Legal Pitfalls of Online Selling – Philip James & Danielle Spiers

For further information and details of how we can help your business or providing training for your team in relation to Distance Selling, Commercial Contracts or Data Protection and preparing for the implementation of the General Data Protection Regulations, please contact Danielle Spiers or Philip James:

DANIELLE SPIERS, Partner +44 (0)20 7079 0126 [email protected] or

PHILIP JAMES, Partner +44(0)20 7079 0177 [email protected]

This note is only intended to be a general briefing note. Specific guidance and legal advice should be sought in relation to particular circumstances and should not be relied upon.

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An Audience with Christopher Marinello

• CHRISTOPHER MARINELLO, CEO OF ART RECOVERY INTERNATIONAL

• Known as the Sherlock Holmes of the art world, art lawyer Chris Marinello is one

• of the world’s foremost experts in recovering stolen, looted, and missing works

• of art, and entertained delegates with stories from the dark underworld of art

• trafficking, also giving tips on conducting due diligence in the acquisition process.

• He explained how his company assists in recovering artworks, and how the

• non- profit database Artive allows dealers to find information on works: not only

• regarding thefts but also damage, title disputes, and bank loans against works.

Art recovery: creative solutions

Emphasising the changing face of contemporary art criminals, Chris shared case studies of a “near stolen to order” photograph by Frantisek Drtikol, taken from a Prague Museum, and the insurance fraud on a “stolen” van Gogh work by an interior designer who, when the work resurfaced 10 years later, was traced to its original sale and prosecuted. Chris noted that, although the work was returned to the possessor, the insurance company claimed on it when it was put up for sale at Christie’s: underlining the need for due diligence when acquiring art.

Chris’s point that the “the claim never goes away” was further illustrated by several cases in which he had assisted the restitution of artworks looted by the Nazis. Having recently recovered two Matisses from the gallery collection of Paul Rosenberg confiscated by the Nazis, he continues to represent the family in the pursuit of sixty paintings still unreturned. The restitution of one of the works from a Norwegian museum, where it had been acquired from Sonja Henie and her husband Niels Onstad who (perhaps unconvincingly) claimed to have bought it in good faith after the war, was negotiated after initial resistance when the museum management considered the bad publicity for Norway retaining it would bring. In the second case, Art Recovery had negotiated the return of the painting when the possessor died the next day, leaving the work to the Kunst Museum in Berne. However the family disputed the will, and Chris got creative by agreeing the return of the painting with both sides that might receive it, thereby negating the need to await the court’s findings and putting the case for its immediate restitution to the German authorities. This was successful, after some Herculean bureaucratic conditions were met!

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Art Recovery International offers a ‘full service’ in Case Management solutions for due diligence, mediation and recovery:

REGISTER RESEARCH RECOVER

Smart

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• World’s most technologically advanced non-profit database of stolen, missing, looted and disputed art

• Over 500 fields of searchable data and high-resolution image recognition technology

• Retained team of art historians, provenance researchers and lawyers

• Ethical business practices • Offering a comprehensive service

to the art market

Art Recovery International and the ARTIVE Database

An Audience with Christopher Marinello

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An Audience with Christopher Marinello

Who is Artive?

• Artive is a nonprofit organization headquartered in the US with the stated mission “to help protect the world’s cultural heritage – looted and illicitly transferred, stolen, missing and otherwise claimed – by recording and indexing data for posterity and preservation through the use of technology”.

• Artive core values include being ethical, independent, and devoid of any conflict of interests.

• Artive manages the award winning ARTIVE DATABASE.

Artive technology

• Artive Database is built on a custom programming foundation that allows for continued expansion and customization based on our clients needs.

• Over 500 individual data fields, all completely searchable.

• Advanced image recognition technology included within search functionality.

• Database is hosted on a secure distributed cloud system that makes the data accessible globally.

Artive services

• Artive provides Search and Registration services through the Database system.

• Artive Registration services are free for all losses.

• Artive Search services are available at various convenient pricing packages, including options for searching external resources.

• Artive Searches include full detailed reporting of all findings.

Image recognition technology

[email protected] 07702 206 913 www.artrecovery.com www.artive.org @artrecovery

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Making Tax Digital – what you need to know – Craig Davies

• CRAIG DAVIES, PARTNER, RAWLINSON & HUNTER

• By 2020 most businesses will be required to keep track of their tax affairs digitally

• and to update HMRC at least quarterly via their digital tax accounts. Craig talked

• through what this means for individual businesses and how to be prepared for

• the changes ahead.

What is MTD (Making Tax Digital)?

MTD envisages a modern digital experience to simplify the tax system, with strands for individuals and businesses:

• Real time tracking of tax affairs.

• Quarterly reporting of financial information online to HMRC.

• Use of third party information to cross-check your tax returns: e.g. info from banks about your interest; from stockbrokers

• A move towards ending annual tax returns: the aim is to reduce the number from 11 million to 1 million by 2020.

Why is MTD being introduced?

• To be a more accessible and transparent tax system.

• The main aim is to avoid taxpayer error, currently costing £8billion pa in non-collected tax.

• To reduce errors by integrating tax with day to day business.

• To give a clear view of your tax position throughout the year.

• Potentially to collect tax early (quarterly rather than annually), likely as a voluntary ‘Pay As You Go’. Although this suggestion featured in the original roadmap for the scheme, it has not been emphasised recently .

Craig noted that the response to last August’s consultation, published in January, had taken on concerns raised, and that more concessions would likely be made before 2018. HMRC promoted the wish to provide a better customer service, but time would tell whether this would be achieved, or if the administrative burden would be passed to customers.

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Making Tax Digital – what you need to know – Craig Davies

Who is impacted by MTD?

Eventually – everyone!

• Phased approach, starting from April 2018: oddly, with smaller enterprises – unincorporated businesses and landlords with turnovers over the VAT threshold (which will be £85k from April 2017) - first. It is expected the scheme will extend to incorporated businesses by 2020.

• In April 2019 those unincorporated businesses and landlords with turnover below the VAT threshold (and above £10,000) will be phased in.

• From April 2017, HMRC will run a pilot phase with thousands of businesses, intending to tease out teething problems.

• Alternatives available for those who genuinely cannot go digital.

When is MTD happening?

• Self-employed and landlords – by April 2018. If you are a sole trader, ask your accountant if would be better to incorporate.

• Corporate entities – by April 2020.

• Exemptions and deferrals possible, as mentioned above. Final decisions are being made before the legislation is laid later this year.

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Making Tax Digital – what you need to know – Craig Davies

How does it affect you?

• Do you have capable software in place? Free software such as Quickbooks and Free Agent is available – remember you are already reporting on the payroll side. Think about the interaction between your offline systems, perhaps stock books, and accountancy numbers. Consider Cloud accounting packages which can easily pull bank data and can produce invoices – using the same source data you can submit your return.

• Do you regularly process financial information? If you prepare quarterly VAT returns, you’re probably prepared.

• ‘Impact assessment’ estimates that you will face a £280 one-off cost, followed by small on-going savings (it was not clear where the £280 figure would be required – probably mostly in consultancy fees).

• Positively, we might look forward to the removal of uncertainty, with a clear view of our tax position.

• It might be possible to do the quarterly reporting simply cash in, cash out, delaying payment.

• Note that it is possible HMRC will use big data sets to extrapolate across industries, and will investigate the outliers. Therefore think about where you may have a different profile to other dealers – for example doing more fairs, having different stock – and be prepared for (but not scared about!) HMRC questioning figures.

Remember: LAPADA Members can call the Rawlinson & Hunter VAT Helpline for 15 minutes of free advice: 020 7842 2110

[email protected] 020 7842 2136

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Establishing Trust with Clients – Toma Clark Haines

• TOMA CLARK HAINES, CEO, THE ANTIQUES DIVA & CO

• Toma gave a lively and engaging presentation about her experiences bringing

• American clients on ‘antiquing’ tours in the UK, giving tips for how British dealers

• can attract and build a rapport with American buyers.

Attracting American clients

• Engage with American clients. Tell them who you are, what you do and why they should be buying from you.

• Americans tend to think that the British are reserved and they don’t like it. You need to be an observer of human nature and adapt to each individual’s style to build up rapport.

• This means asking them a lot of questions about themselves and listening intently to the answers.

• It also means telling them about yourself and ‘opening up’.

• Be respectful about your competition. Being negative attracts a negative response.

• Create an ‘elevator pitch’, so that you can summarise your USP in 30 seconds.

• Get others to promote you, whether clients or fellow dealers. Third-party endorsement is powerful. 82% of people will give a testimonial if asked to do so by a trusted company. Add these to your website and marketing materials.

• Use PR well, whether hiring a professional or doing it yourself. Blog, get your testimonial page up to date, incorporate testimonials in email campaigns and on social media.

• Stick to your word. Say what you are going to do and make sure you do it and on time.

• Deal with issues promptly and fairly and lead by example in this.

• Build trust with honesty. Don’t be afraid to admit mistakes or problems, but put them right in a timely manner and keep your clients informed. For instance, if there is a problem with shipping that causes a delay, tell your client immediately and update them regularly on progress.

• Put prices on everything. Forget what everyone else says, this is a must.

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Establishing Trust with Clients – Toma Clark Haines

• The in-store experience

• Be friendly and approachable.

• Welcome a potential customer, but then allow them to browse freely without interruption.

• Ask them if they need any help after browsing.

• Don’t do the hard-sell or appear desperate; it is off-putting.

• Be consistent in your display and inventory.

• The online sales experience

• Make sure your website is professionally designed.

• Is your logo and branding up to date?

• Include a phone number, email and location address on your website.

• Do not use stock photos. Personalise the site with your own images.

• Your social media profile pictures should be of you, not of an object.

• Social media is about what your clients want, so use it accordingly, but don’t do the hard sell here either. Get personal instead.

• 70% of US clients use Instagram. If you’re not on it, they won’t see you.

• Invest in analytical software that tells you where your clients come from and who they are.

• Survey your clients every so often to see what they want.

• Be open to change and shape your business to client demand.

www.antiquesdiva.com [email protected] Facebook: Toma Clark Haines The Antiques Diva & Co

Twitter @TheAntiquesDiva Pinterest @TheAntiquesDiva Instagram @TheAntiquesDiva

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The Day in Pictures – Lunch & Networking

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The Day in Pictures – Lunch & Networking