Accounts And Reports And Audits
Part 15 of the new Act deals with accounts and reports (sections 380 to 474) and Part 16 with audit (sections 475 to 539).
The majority of these sections came into effect on 6 April 2008. It is worth mentioning however that a number of these sections are effective for accounting periods beginning on or after 6 April 2008, therefore you may not see the full effects of some of these changes until April 2009 year ends and onwards. Other changes are now fully in force.
Shorter filing deadlines
The new Act reduces the period available to file accounts at Companies House:
| Filing deadline |
Old |
New |
| |
months from the end of the accounting period |
| Private limited company (Ltd) |
10 |
9 |
| Public limited company (Plc) |
7 |
6 |
New size limits - is your company small or medium-sized?
January 2004 saw the definition criteria for small and medium-sized companies and the audit exemption limit rise significantly, meaning that many more companies could benefit from the exemptions available. Subsequent changes meant that many small financial services companies that were previously prevented from doing so could also benefit from these exemptions.
The limits have been increased again and they apply to accounting periods that begin on or after 6 April 2008 as follows:
| Individual company limits |
Old small company limits |
New small company limits |
| Turnover not more than |
£5.6m |
£6.5m |
| Balance sheet total not more than |
£2.8m |
£3.26m |
| Number of employees not more than |
50 |
50 |
| |
|
Old medium-sized company limits |
New medium-sized company limits |
| Turnover not more than |
£22.8m |
£25.9m |
| Balance sheet total not more than |
£11.4m |
£12.9m |
| Number of employees not more than |
250 |
250 |
Qualification depends upon the company meeting at least two of the three relevant criteria.
These limits are important as they determine whether a company can benefit from:
- the preparation of simpler accounts
- filing abbreviated accounts on the public record at Companies House
- audit exemption.
Higher group limits - but do you now need to prepare group accounts?
The limits that apply to groups of companies have also been increased:
| Group limits |
Old small group limits |
New small group limits |
| Net turnover not more than |
£5.6m |
£6.5m |
| Gross turnover not more than |
£6.72m |
£7.8m |
| Net balance sheet total not more than |
£2.8m |
£3.26m |
| Gross balance sheet total not more than |
£3.36m |
£3.9m |
| Number of employees not more than |
50 |
50 |
| |
|
Old medium-sized group limits |
New medium-sized group limits |
| Net turnover not more than |
£22.8m |
£25.9m |
| Gross turnover not more than |
£27.36m |
£31.1m |
| Net balance sheet total not more than |
£11.4m |
£12.9m |
| Gross balance sheet total not more than |
£13.68m |
£15.5m |
| Number of employees not more than |
250 |
250 |
Qualification again depends upon the group meeting at least two of the three relevant criteria, although the group may qualify on the basis of either the net or gross figures.
Higher late filing penalties
The penalties associated with late filing of annual accounts at Companies House have also been increased:
| Length of delay, measured from the date the accounts are due: |
Private company |
Public company |
|
Current |
New |
Current |
New |
| Up to 1 month |
£100 |
£150 |
£500 |
£750 |
| 1 to 3 months |
£100 |
£375 |
£500 |
£1,500 |
| 3 to 6 months |
£250 |
£750 |
£1,000 |
£3,000 |
| 6 to 12 months |
£500 |
£1,500 |
£2,000 |
£7,500 |
| More than 12 months |
£1,000 |
£1,500 |
£5,000 |
£7,500 |
The higher penalties will be introduced from 1 February 2009 and if you file accounts late under the new Act in two successive years the penalties will be doubled. The higher penalties not only apply to April 2009 year ends and onwards, filed under the provisions of the Companies Act 2006, but also to accounts filed late after 1 February 2009 prepared under the Companies Act 1985.
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