What are dividends?

A question we often get asked is ‘ I am planning to go contracting and I’ve heard that if I get myself set up as a limited company, I can pay myself dividends and save significant amounts of tax, what are dividends and how do they save me tax?’

Dividends reward your entrepreneurship, not your work for your company, so they are different to salary, and as such are not subject to employment taxes such as PAYE or national insurance.

Dividends are paid out of after tax profits so your company needs to be making profits or has made profits previously to be able to payout a dividend. For a Dividend to be declared a Companies Act procedure must be followed strictly.

Dividends attract no tax in your basic rate tax band. The marginal amount that falls into your higher rate tax band as a general rule will attract 25% tax on it with this being  36.1% for additional rate taxpayers.

 

 

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Why should I use a company for my business structure?

The reason why most people set up a company and trade through it is to save tax, this is perhaps the most important reason for setting a company up and could save you thousands of pounds in tax every year as opposed to trading as a sole trader or a partnership.

There are other reasons for trading as a limited company though these are:-

Limited Liability Protection

This (provided everything is above board) means that company shareholders do not have any responsibility for the company’s debts and liabilities , apart from their share capital. Thus a limited company can provide a barrier separating your business assets and liabilities from your personal assets ie your house and car are not on the line if your business fails.

Sometimes a lender ie a bank, will require a personal guarantee if you approach them for a loan.

Given that we seem to be following North Americas lead in becoming an increasingly litigious society, Limited liability protection can be important.

Status

Public perception is that a limited company is more prestigious than operating  as a sole trader. This may give you more credibility with other businesses and customers.

Transferring ownership

If you want to get other people involved in the business, or perhaps sell the business, it is much easier to do this by having a limited company and creating or transferring shares than by any other structure. Also a company will survive any death of a company member, the shares will simply transfer ownership, whereas in a sole trade or partnership they will cease to exist.

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How to choose a business bank account?

What should I look for in a business bank account?

Providing you have a good banking record and have managed your personal bank accounts well then you should have a lot of choice when you are opening your business bank account.

Aspects to consider when choosing a provider are:-

Bank charges and interest

As a freelancer or contractor you will be attractive to a bank as you will generally have money in your account and will not require a lot of banking resources such as business loans, cash handling facilities etc.

You should look for an account which offers free banking for as long a period as possible.

Company debit/credit card

A company credit or debit card would be useful as it will enable you to totally separate business and personal expenses, it is best to always  keep your business and personal banking separate, unless it is totally unavoidable.

On-line banking and telephone banking

Anything that will add to your convenience and save you time is worth considering. As a freelancer or contractor your time is a valuable commodity as you can be using it to earn money as opposed to spending it queuing down the bank.

 

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Can I be a sole trader?

A question we often get asked is ‘ I am thinking about contracting and what structure should I choose, can I keep it simple and be a sole trader?’

Becoming a sole trader is perhaps the simplest way of selling your skill or product, it is easy to register with HMRC as a sole trader, and it can be done online.

Providing you are underneath the VAT threshold there is no need to register for VAT (although you may want to) and the only return that you need to concern yourself about is your personal tax return, with additional details on your sole trade.

This may seem very attractive, but there is a big barrier for contractors wanting to use this structure, you won’t get any work no agency or clients will trade with a sole trader because of the risk they maybe considered by HMRC to be an employee and have full employment rights.

Plus if the sole trader does not pay their tax and NIC the agency or client may become liable for these taxes.

 

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Review your ISA investments now

It is a good time of year to start to review your ISA investments.

Investments must be made by the 5 April 2012 to fall in the 11/12 tax year and it is normally sensible to avoid the rush as banks can get very busy before this deadline.

Investments in ISA’s are completely tax free (but do form part of your estate for Inheritance Tax purposes) this means that any interest, dividends and capital gains within the ISA are totally free from Tax.

The annual ISA investment limits for 2011/12 are £5,340 for cash and £10,680 overall.

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Should I insure myself against a tax investigation?

Should I insure myself against a tax investigation?

A tax investigation can take years to sort out and if it goes through the courts then it can cost thousands of pounds in professional fees, not to mention the tax and penalties that might be at stake if you are found to be at fault.

Plus a HMRC investigation will cause you untold emotional costs, for both you and your family.

If you decide to fight an HMRC investigation then you should have professional help as fighting inspections and rulings by HMRC is not for the faint hearted, it is also technically demanding in terms of procedures and legislation.

Most contractors/freelancers will have some sort of insurance cover, which as a minimum will cover the professional fees incurred by an investigation.

As an addition many have policies which cover to a varying degree the tax liability at stake.

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When should I go contracting?

A common question that we get asked by potential contractors is ‘ I am thinking of going contracting and when would be a good time to do this?’

This is an excellent question and this is what we have found over the years.

First make sure that there is demand for the services you offer, check with online job boards and agents before you make the plunge of leaving the security of a monthly pay cheque.

Make sure you hit the market at the right time, there are two cycles to consider, firstly the general economic cycles and secondly the annual hiring cycle.

General economic cycles run over many years, we are currently kicking around the bottom of one, and when permanent headcount get squeezed contractors become more attractive to employers as they offer flexibility and don’t come with the overheads of permanent headcount, and work still needs to get done.

The annual hiring cycle, this is driven by the annual financial year and holidays. In essence you do not want to hit the contract market in July or August, as agent and HR people are holidays on holidays, hiring becomes non existent.

A similar story occurs between mid December and mid January with the Christmas holidays.

Perhaps the best time to be looking for a contract is after the Christmas holidays where clients are looking at new projects for the year and reviewing headcount, appraising new budgets and starting to hire.

There is a minor slowdown for the Easter holidays and May and June are normally quite strong months for obtaining contracts. October to November are normally quite good as well before the Christmas slowdown.

So just apply commonsense really, and if the phone is not ringing for you it is probable that everyone is on Holiday.

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What are the benefits of being a contractor?

A question we often get asked is ‘I am thinking about going contracting, but am unsure about how to start my research and what are the benefits and drawbacks of operating this way?’

A good place to start you research is the Professional Contractors Group www.pcg.org.uk or to talk with other freelancers or contractors in your office, but the benefits and drawbacks as we see it are:-

Hours

If you are an employee, you normally have set hours of work, a specific place of work, and days of work and here is often an expectation of unpaid overtime. Normally as a freelancer there is a lot more flexibility on hours/days and place of work, plus there is often an expectation of unpaid overtime. Normally as a freelancer there is a lot more flexibility on hours/days and place of work plus no expectation of unpaid overtime.

Holidays

As a freelancer or contractor your entitlement to holidays is non existent, the 25 days holiday allowance that you were used to has gone, and any time off you will not get paid for.

To get around this you should put aside some of the money you earn to tide you over the periods when you are on holiday. You will also need to carefully plan you freelance/contracting around your work/projects and often it is tempting for you not to take a break as it will cost you money, but everyone needs a break.

We do know of contractors who will work solid for six months then have six months off work.

Benefits

As you are not an employee you will not receive any company benefits that you may be used to, such as your company car, medical insurance, pension, company gym etc , but you can of course purchase these if you want to, what it does do though is it removes you having to pay for benefits that you do not want, and you can just have the ones that you do.

Your extra pay should more than cover the loss of benefits. There are many specialist firms of IFA’s such as contractorfinancials.com who will be able to assist you with loss of benefits.

You may also want to consider income protection as if you are ill you may need some income.

Office Politics

People often say the main drawback of full time work is not the work but the people and politics. If you are an employee office politics is something that you can not help but become a part of. This is something that causes people undue stress and worry and is often brought home.

People often say that a major factor in them becoming a freelancer is to get away from office politics but you can not exclude yourself totally from office politics by you reduce the level to which you are involved, also you exclude yourself from appraisals and promotion worries.

Tax advantages of contracting

If you use your own limited company for contracting through you will definitely be in a better position taxwise than your permanent colleagues.

You will be able to save substantially on your national insurance, claim expenses against tax, and reclaim VAT on your expenses which will add up.

 

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Is it a good time to go contracting?

Is it a good time to go contracting/freelancing?

Now this is a big question, with the economic situation of  the country being talked down daily it seems you should be thankful if you have a job and the stability which goes with it, you just need to keep your head down until the better times return.

Well it may pay to look at things slightly differently, normally when times are hard businesses cut back on their permanent headcount by making people redundant and having headcount freezes , the staff who are left behind picking up the additional work, whilst also coping with the uncertainty of their situation, staff morale often suffers which is often picked up in the staff surveys.

Contrast this to the situation where someone who was laid off by the business (normally with a redundancy payment), sees this as an opportunity to sample the contractor/freelancer style of working, to see if it is for them, there are normally more opportunities for freelancers and contractors  in a bad economy because firms have cut permanent headcount hard and fast , and need someone to pick up the slack.

We know of may freelancers & contractors who started off in a recession who are still contracting and wouldn’t have it any other way. It is perhaps a good time to think about going into contracting, yes the market does sometimes fall, but it never disappears, what will tend to happen is your market rate will adjust, it will fall in the bad times as it adjusts to market forces, and increase more in the good times, but always tends to be better than being permanent.

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Is dividend timing important?

A blunt answer to this is yes, and if you do not give this careful thought there may be trouble around the corner.

It is generally accepted that when the taxman checks your accounts for your limited company one of the things that he looks at is your directors loan account.

If you owe your company money it will show up here as a debt to your company.

If your directors loan account is overdrawn then you will have two possible tax charges.

Your company will have to pay tax equal to 25% of the amount that you owe the company (if it is still outstanding 9 months after your accounting year end) commonly referred to as the s419 charge (Tax payable under s419 ICTA 1988) refers to the legislation that covers corporation tax on directors loans, Income and Corporation Taxes Act 1988 sections 419.

Also and perhaps a lesser known one, is that you will be taxed on a benefit in kind (BIK). A BIK will arise if you owe the company over £5000 at any point in the period of the accounts in question, be it six months or a day. This BIK should be declared on your P11d and if not it will create fines and penalties for you.

To protect yourself from being at risk from this, it is good to get into the habit of paying dividends, and having the correct paperwork and procedures in place for this.

Or risk if the taxman comes knocking and easy check through your directors loan account and some easy money.

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