Sole Trader v Limited Company
A difficult question that the self-employed face is whether to trade as a sole trader/partnership or to trade as a limited company. However, the answer isn’t definitive and is dependent on many factors ranging from the type of business you are running to the type of person you are. Whichever one you choose has different implications for tax, legal and financial responsibilities. The aim of this article is to give you an insight to the advantages and disadvantages in terms of tax purposes of being a sole trader/in a partnership or forming your own limited company. Hopefully it will inform you on the structure most beneficial to you. Legality As a sole trader, you are the business. You have full control and ownership of the business and are able to manage it in any way you like. On the contrary, a limited company is its own legal entity. Instead you serve the company as a director of the company and act as a shareholder. In most cases, you are considered as an employee but this status is not automatically granted in terms of Employment Law, the National Minimum Wage or for Tax Credits. Tax – Sole Trader You are subject to income tax on the taxable profits of your business. For the tax year 2013/14, you pay 20% tax on income between £0 - £31,785 and 40% tax on income between £31,786 - £150,000. Income above £150,000 is taxed at 45%. The personal allowance amount for persons aged under 65 is £10,600. You are also required to pay Class 2 & 4 National Insurance contributions (NIC). Class 2 NIC are at a flat rate of £2.80 per week. However, you may not need to pay Class 2 NIC if your earnings are below £5,725 for the whole year. Class 4 NIC is calculated based on your profits for the year. For 2013/14, you pay 9% on annual profits between £8,060 and £42,385 and then 2% on any amount over that. Any trading losses you incur on your business can be offset against other your income to reduce your tax liabilities. Tax – Limited Company For a limited company, it pays corporation tax on its taxable profits. Company tax rates are lower than the higher rates of income tax. If you are employed under your company and taking a salary, your earnings from that employment are subject to income tax and Class 1 NIC due through PAYE (Pay As You Earn). The amount you pay is dependent on your earnings. Shareholders of the company who are on a higher tax bracket may have to pay higher a higher tax rate on any dividend income they receive. Losses from the company can only be offset against its other income but not against your income as an individual. What does it all mean? Now for most people, the above two paragraphs may have confused you further. But here is a scenario that will make things easier to understand and hopefully give you enough information to aid you in that important decision. You have a trading income of £30,000 pre tax and wish to extract all the profits for yourself. As a sole trader, you will be taxed at around 29% for any income and NI in excess of your personal allowances. The total tax liability including the Class 2 & 4 NIC amounts approximately to £6,000.20 (assuming normal personal allowance of £10,600). This leaves you with £23,999.80 in real terms after taxes. The tax calculation for a limited company is slightly more complex as you have more flexibility in how you distribute the income. For simplicity sake, you take the minimum annual wage that is not liable for PAYE tax or NIC which is around £7,956. Company profits under £300,000 are taxed at a rate of 20%. Taxable profits are again at £30,000 which amounts to a corporation tax liability of £4,408.80 (after tax free wages). This leaves you with £25,591.20 in real terms taken as tax free dividends because it’s below the current earnings threshold of £31,785 (you only pay tax once under current rules). So in this scenario, it is better to work as a Limited Company because you pay much less tax. However, calculations may differ depending on the trading income and how much salary you take. The general idea is that as your trading income increases, its becomes more and more beneficial to trade as a limited company than as a sole trader (40% income tax versus 20% corporation tax). Just a Final Note The Government has announced that the corporation tax rate will fall in 2017 to 19% and in 2020 to 18%. But in some cases you can be better off trading as a sole trader for tax purposes if your annual trading profits are not high or if you want to have losses brought forward from a previous year. However, many businesses opt to form limited companies for reasons that extend past tax issues. A limited company status adds prestige and makes a trader appear more established and reliable. Also should the business fail, you will not be personally liable for its debts if you were a limited company. If you plan to sell the business after a few years then limited is again a better choice. Also if you plan to expand the business then getting finance for your business may be easier if you were a limited company. There are many varying circumstances that makes being one more appealing than the other but if you still appear unsure then feel free to contact us and we’ll be sure to offer you tailored expert advice. By Andrew Khan at Tax Affinity Accountants Tax Affinity Accountants are experts in Tax and Accountancy. Based in Worcester Park and Surbiton they are considered in the Industry to be experts accountants for small businesses. Helping and supporting business throughout the UK, they regularly help new and established businesses to succeed. For more information visit www.taxaffinity.com. To read more interesting articles like this visit www.taxaffinity.com/blog. Please feel free to comment and share this with your friends.
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With none of the politics and huff that goes along with a budget just before a major election. The media maybe filled with information about the colour of the chancellor's tie and the opposition's facial expressions.
So at Tax Affinity Accountants we know and understand that businesswomen and men simply just want to just know what the effect will be on their business. That's why we have compiled a simple at a glance list to help you. 1. The Income tax personal allowance will be raised to £10,800 starting from 6th April 2015 (from £10,600) and to £11,000 the following year. 2. The higher rate of tax threshold is also raised to £43,300. 3. Plans to abolish annual tax return and move to a more automated digital accounts system. 4. Plans to abolish Class 2 national insurance contributions for the self employed in next Parliament. 5. Growth of the economy forecast to be up to 2.5% this year. Then 2.3% next year before reaching 2.4% in 2019. 6. Inflation is forecast to be at 0.2% for this year and the same for the next three years. 7. Fuel duty to remain the same as before as September's planned increase is cancelled. 8. Plans to sell get money back when banks were bailed out. £13bn of mortgage loans still owned by the government from Northern Rock and Bradford & Bingley will be sold. Plus £9bn of Lloyds Banking Group shares to be sold this year. 9. Alcohol duty changes see 1p off a pint of beer and a 2% cut in cider and whiskey duty. While wine duty is to same as before. 10. Changes in ISA's. Total annual savings limit for ISAs has been increased to £15,240. With some types of ISA which will allow savers to draw money and put it back in the same year without losing any part of their tax free allowance. And a new help to buy ISA for first-time buyers will allow government to top up by £50 every £200 saved for a deposit. (speak to your bank for more details). 11. Changes so that pensioners will now be able to trade in their annuities for cash, with the 55% tax abolished and tax being applied at a marginal rate. 12. Plans to review inheritance tax avoidance through "deeds of variation". 13. A new personal saving allowance where the first £1,000 interest on savings income will be tax free for 20% basic rate taxpayers and £500 for higher 40% tax rate payers. 14. New tax on diverted profit to come into effect next month. This is aimed at companies moving profits artificially off shore. 15. There are plans to review of business rates to help businesses. 16. And for charitable donations the gift aid limit for charities to be extended up to £8,000. By Omar Tahir Khan at Tax Affinity Accountants. Tax Affinity Accountants are experts in Tax and Accountancy. Based in Kingston upon Thames they provide a bespoke service to clients right across the UK and are considered in the industry to be experts in business advice. They mentor and support members of the public to make their businesses grow and reach their full potential. For more information visit www.taxaffinity.com. To read more interesting articles like this visit www.taxaffinity.com/blog. Please feel free to comment and share this with your friends. Sole Trader v Limited Company
A difficult question that the self-employed face is whether to trade as a sole trader/partnership or to trade as a limited company. However, the answer isn’t definitive and is dependent on many factors ranging from the type of business you are running to the type of person you are. Whichever one you choose has different implications for tax, legal and financial responsibilities. The aim of this article is to give you an insight to the advantages and disadvantages in terms of tax purposes of being a sole trader/in a partnership or forming your own limited company. Hopefully it will inform you on the structure most beneficial to you. Legality As a sole trader, you are the business. You have full control and ownership of the business and are able to manage it in any way you like. On the contrary, a limited company is its own legal entity. Instead you serve the company as a director of the company and act as a shareholder. In most cases, you are considered as an employee but this status is not automatically granted in terms of Employment Law, the National Minimum Wage or for Tax Credits. Tax – Sole Trader You are subject to income tax on the taxable profits of your business. For the tax year 2013/14, you pay 20% tax on income between £0 - £32,010 and 40% tax on income between £32,010 - £150,000. Income above £150,000 is taxed at 45%. The personal allowance amount for persons aged under 65 is £9,440. You are also required to pay Class 2 & 4 National Insurance contributions (NIC). Class 2 NIC are at a flat rate of £2.70 per week. However, you may not need to pay Class 2 NIC if your earnings are below £5,725 for the whole year. Visit http://www.hmrc.gov.uk/working/intro/class2.htm to see if you may be exempt from paying Class 2 NIC. Class 4 NIC is calculated based on your profits for the year. For 2013/14, you pay 9% on annual profits between £7,755 and £41,450 and then 2% on any amount over that. Any trading losses you incur on your business can be offset against other your income to reduce your tax liabilities. Tax – Limited Company For a limited company, it pays corporation tax on its taxable profits. Company tax rates are lower than the higher rates of income tax. If you are employed under your company and taking a salary, your earnings from that employment are subject to income tax and Class 1 NIC due through PAYE (Pay As You Earn). The amount you pay is dependent on your earnings. Shareholders of the company who are on a higher tax bracket may have to pay higher a higher tax rate on any dividend income they receive. Losses from the company can only be offset against its other income but not against your income as an individual. What does it all mean? Now for most people, the above two paragraphs may have been not only been of little help but confused you further. Here is a scenario that will make things easier to understand and hopefully give you enough information to aid you in that important decision. You have a trading income of £16,000 pre tax and wish to extract all the profits for yourself. As a sole trader, you will be taxed at 20% for any income in excess of your personal allowance. The total tax liability including the Class 2 & 4 NIC amounts approximately to £2,181 (assuming 48 weeks and available personal allowance of £9,440). The tax calculation for a limited company is slightly more complex as you have more flexibility in how you distribute the income. For simplicity sake, you take the minimum annual wage that is not liable for PAYE tax or NIC which is around £7,000. Company profits under £300,000 are taxed at a rate of 20%. Taxable profits is £9,000 and amounts to a corporation tax liability of £1,800. This leaves £7,200 to be distributed as dividend which is taxed at 10% for income below the earnings threshold of £32,010. The total tax paid equates to £2,520. In this scenario, it is marginally better to see that remaining as a sole trader is more beneficial as you pay much less tax. However, calculations may differ depending on the trading income and how much salary you take. The general idea is that as your trading income increases, its becomes more and more beneficial to trade as a limited company than as a sole trader (40% income tax versus 20% corporation tax). Just a Final Note You are better off trading as a sole trader for tax purposes if your annual trading profits are not high. However, many businesses opt to form limited companies for reasons that extend past tax issues. Should the business fail, you will not be personally liable for its debts if you were a limited company. If you plan to sell the business after a few year then limited is again a better choicAlso if you plan to expand the business then getting finance for your business may be easier if you were a limited company. There are many varying circumstances that makes being one more appealing than the other but if you still appear unsure then just contact us and we’ll be sure to offer you tailored expert advice to aid your decision. By Wilson Law at Tax Affinity Accountants Tax Affinity Accountants are experts in Tax and Accountancy. Based in Kingston upon Thames they are considered in the Finance Industry to be the small business experts. Helping and supporting business throughout the UK, they regularly help new and established businesses with valuable support. For more information visit www.taxaffinity.com. To read more interesting articles like this visit www.taxaffinity.com/blog. Please feel free to comment and share this with your friends. BUDGET 2014 HIGHLIGHTS
PERSONAL ALLOWANCE The personal allowance is the amount of income you can receive each year without having to pay tax on it. This amount is to increase to £10,000 for 2014/15 and to £10,500 for 2015/16. The basic rate taxpayer will see a saving of about £112 in 2014-15 and a further £100 in 2015-16 on their annual income tax bill. HIGHER RATE TAX PAYERS The threshold for which individuals pay tax at the higher rate of 40% will increase by 1% for both tax years. ANNUAL INVESTMENT ALLOWANCE For businesses, the annual investment allowance will increase from £250,000 to £500,000 until 31 December 2015. HIGHER ANNUAL SUBSCRIPTION LIMIT FOR INDIVIDUAL SAVINGS ACCOUNTS FROM 1 JULY 2014 The chancellor has announced big changes to the Individual Savings Accounts (ISA). The new policy means that, from July onwards, it will be possible to save up to £15,000 in total. Furthermore, the whole sum could be in cash unlike before where only half of the limit could be saved in cash and the rest in shares. Also, the 10p tax rate for savers will be abolished. CLASS 2 NIC From April 2016, Class 2 National Insurance Contributions (NIC) will be collected through self-assessment. CHILD-CARE HELP Parents paying 80% of childcare costs of up to £10,000 per child, aged up to 12, to a registered provider will get the remaining 20% tax-free from September 2015. NEW TRANSFERABLE TAX ALLOWANCE From April 2015, there will be an introduction to a new transferable tax allowance for married couples and civil partners. PENSION CHANGES All tax restrictions on pensioners' access to their pension pots to be removed, ending the requirement to buy an annuity. The taxable part of pension pot taken as cash on retirement to be charged at normal income tax rate, down from 55%. There is an increase in total pension savings people can take as a lump sum to £30,000 By Wilson Law at Tax Affinity Accountants Tax Affinity Accountants are experts in Tax and Accountancy. Based in Kingston upon Thames they are considered to be small business experts helping and supporting business in the UK. They regularly help new business start up and provide valuable support for new businesses. For more information visit www.taxaffinity.com. To read more interesting articles like this visit www.taxaffinity.com/blog. Please feel free to comment and share this with your friends. Still wondering about what the key things to come out of the Chancellor's budget were for you and your business? - Well read on...
Income tax The threshold at which people start paying income tax is to be raised to £10,000 in 2014 - a year early - an increase in the threshold of £560. State of the nation The Office for Budget Responsibility (OBR) has forecast growth of 0.6% this year, half of what it said it would be in December. But the OBR predicts the UK will escape recession this year. After that, growth is predicted to be 1.8% in 2014; 2.3% in 2015; 2.7% in 2016 and 2.8% in 2017. Home-hunters Home buyers wishing to buy a new home worth less than £600,000 are to be given assistance. As long as they have a 5% deposit, the government will stump up an extra 20% - repayable when the house is sold. Help for business Chancellor George Osborne announced that corporation tax will be cut by 1% to 20% in April 2015. This, Osborne said, will make the UK's corporation tax the lowest of any major economy in the world. The UK, he added, is "open for business". Elsewhere, the Chancellor said some 450,000 small firms will pay no employer National Insurance. Osborne also said stamp duty on AIM shares will be abolished from next April, in a move which he said will benefit hundreds of small business in the UK. The government will give capital gains tax (CGT) relief on sales of businesses to their employees. Youngsters The government confirmed it will consult on options for transferring savings held in child trust funds (CTFs) into Junior ISAs. The move will offer a lifeline to six million children. Junior ISAs were introduced in November 2011 as an attempt to encourage saving for children, following on from the abolition of CTFs at the beginning of that year. Tax avoidance The Isle of Man, Guernsey and Jersey are to enter tax information exchanges with the UK that will significantly increase the amount of information automatically exchanged on potentially taxable income, in order to identify and tackle evasion. The move aims to recoup £3bn in unpaid taxes. Additionally, the government will remove the presumption of self- employment for limited liability partnership (LLP) partners, to tackle the disguising of employment relationships through LLPs and counter the artificial allocation of profits to partners (in both LLPs and other partnerships) to achieve a tax advantage. The measures, the government forecasts, will in total raise over £4.6bn in new revenue over the next five years. Pensioners As previously announced, the single flat-rate pension of £144 a week is to be brought forward a year to 2016. This will end contracting out of the State Second Pension, so that everyone will pay the same rate of national insurance contributions and build up access to the same single-tier State Pension Cap on social care costs confirmed at £72,000. The government has also pledged to make £5,000 ex-gratia payments to Equitable Life policyholders who were too old to be eligible for compensation payouts. The government is not obliged to do it, Osborne pointedly said, but it is "the right thing to do". Borrowing Borrowing will be £114bn this year and is set to fall to £108bn, £97bn and £87bn in following years. The deficit has been cut by a third since May 2010. Borrowing as share of GDP is to fall from 7.4% in 2013-14 to 5% in 2015-16. Debt as a share of GDP will increase from 75.9% in 2012-13 to 85.1% in 2015-16. Inflation The 2% Bank of England target is to stay in place, the Chancellor said, though its remit is to be changed to focus on growth as well as inflation. Tax Affinity Accountants are experts in Tax and Accountancy in the borough of Kingston upon Thames. Please feel free to comment or share this article with your friends. For more information visit www.taxaffinity.com. And follow us on twitter to find more tax saving tips @tax_affinity You should act as soon as possible to avoid tax penalties. As HMRC are becoming increasingly aggressive in enforcing penalties.
The tax return deadline is 31st Jan 2013 and all self employed people can be fined £100 for late submission in the first month then after that a daily charge of £10 on top of all previous fines. Which if can easily become £380 after just 2 months. Or simply £680 if it is 3 months overdue. This rule applies even if there is no tax to pay or the tax they owe has been paid! Uniquely however, this year the taxman has offered taxpayers a small extension of 2 days before imposing penalties. This is because of a strike by its call centre staff which meant HMRC would not be able to handle a similar volume to last year. At Tax Affinity Accountants, we see far too many people each year who loose a huge amount of hard earned money to fines. While we are experts in Tax and can in many cases successfully appeal for discretionary discounts on fines, the fines are not normally completely cancelled by HMRC especially when they have already given a 2 day extension. So we recommend that all local businesses and self employed people make sure to have their tax returns submitted as soon as possible well before the 31st Jan 2013 deadline. At Tax Affinity Accountants we are an authorised HMRC agent and are very experienced in all types of Tax eg Self Assessment, Corporation tax, PAYE, VAT, Personal Tax, Construction Industry Schems (CIS) to name a just a few and would be happy to help local people resolve their tax issues. For more useful information about accounting and tax accounting issues in Kingston upon Thames visit www.taxaffinity.com/blog Tax Affinity Accountants are Companies House Registered and HMRC Authorised Agents |
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