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The Active Business Series 17
      plummerparsons                                             absept2011-17
                                                       2011




Tax and your company
this 2011/12 guide is to help with your business planning.

Managing a company always                                      a more aCtive, more empowered HmrC

presents challenges, and the                                   HMRC now has the power to request any business
                                                               documents that it considers necessary to check your tax
current year, while offering                                   position, it also has a right to visit business premises –
                                                               without giving warning. However, businesses selected for
opportunity to some business                                   a tax check are selected by risk category, and the entire
owners, is challenging for many as                             system requires only that taxpayers (including businesses)
                                                               take reasonable care over their tax responsibilities, such
we face continued public sector                                as notifying HMRC when they are liable to tax. It is the last
cuts and tax increases.                                        thing many businesses need in today’s economy, but it is
                                                               important that your company is able to satisfy the taxman
Financing and cash flow are already proving difficult for      if he does turn up on your doorstep. So, please ensure the
many businesses, even some of those benefitting from a         last six years’ of your firm’s documentation can be correctly
growing market share. Don’t let tax be another problem         and promptly produced, so that any HMRC visit is not
this year. Stay ahead of developments, and make sure you       aggravated by incomplete information.
seek our professional advice. Here are some of the issues
directors and company owners should know about.                researCH and development - CasH in
                                                               Hand?
Corporation tax rates and bands
                                                               The SME research and development rules offer tax
    Financial Year to     31.3.2012               31.3.2011    opportunities for SMEs, provided your expenditure is over
                                                               £10,000. Research and development expenditure carries a
    taxable profits
                                                               substantial 200 per cent deduction against profits. From 6
    First £300,000        20%                     21%          April 2012, this deduction is planned to rise to 225 per cent.
    Next £1,200,000       27.5%                   29.75%       Furthermore, if your business is not making a profit, there
    Over £1,500,000       26%                     28%          is a tax credit system which allows the relief as an up front
                                                               cash sum, as long as you surrender the corresponding
Due dates for paying Corporation Tax
                                                               trading losses. There is a great deal of flexibility regarding
•  Small and medium companies - nine months and one            what can be claimed for, so if you are incurring research and
   day after the end of accounting period.                     development costs, please seek our advice.
• Large companies - four quarterly instalments                 pensions
   commencing 6.5 months into the accounting period.
don’t miss out on deferred tax opportunities.                  Pension contributions offer tax savings including reducing
planning for the year ahead could benefit your                 NIC contributions for both the employee and the employer.
company.                                                       Some employees and employers agree to a ‘salary sacrifice’,
                                                               whereby a portion of salary is exchanged for a pension
                                                               contribution by the employer. However, where the
                                                               employer’s and employee’s contributions exceed £50,000,
                                                               tax relief is effectively restricted.
                                                               entrepreneurs’ relieF
                                                               Entrepreneurs’ relief is in its third year with the lower
                                                               effective 10 per cent rate on the first £10 million of business
                                                               asset disposals still in effect, giving rise to a maximum
                                                               reduction of £1,800,000. This is a lifetime allowance that
                                                               reduces the gain for owners of limited companies on the
                                                               disposal of shares and securities in a company. However,
                                                               conditions do apply so please ask for further advice.
                                                               ask us how we can help to make your company more
                                                               tax efficient.
Plummer Parsons | 01323 431 200
eastbourne@plummer-parsons.co.uk | www.plummer-parsons.co.uk
18 Hyde Gardens Eastbourne East Sussex BN21 4PT



                                                                                        The Active Business Series   2011
The Active Business Series 17   2011


Cars                                                               As you can see in the following case study, the net amount
                                                                   withdrawn is increased by almost 15 per cent by opting to
The tax treatment of cars in a company is a complex picture,
                                                                   declare a dividend. But be sure to discuss this with us before
as recent changes have affected both the capital allowances
                                                                   you act as this is a very complex area of tax law.
that the company can claim on the purchase of a car and
the benefit in kind that employees will pay tax on (and the        Case Study
company will pay national insurance contributions on).
The general thrust of these changes is to encourage both                                bonus or dividend?
companies and employees to choose more fuel efficient                                         bonus                      dividend
vehicles, by linking both taxes to the official emissions rating                             £                           £
of the car. Choosing a fuel efficient car can benefit both the
employee and the business, with the lowest emission cars               profit to extract     10,000                      10,000
attracting 100 per cent tax relief on purchase and carrying a          Employers’ NIC        -1,213                      0
benefit in kind as low as 0 per cent.
                                                                       Gross bonus           8,787                       0
GoinG Green - 100% Capital allowanCes                                  Corporation tax @ 20% 0                           2,000
It’s not just some cars that are eligible for 100 per cent             Dividend              0                           8,000
first year capital allowances. Any investment in approved
environmentally friendly or energy saving equipment also               Employee’s NIC        -176                        0
qualifies.                                                             Income tax @ 40%      -3,515                      0
Capital allowanCes                                                     Additional tax        0                           -2,089
For the entrepreneur, getting the maximum in capital                   net amount extracted £5,096                       £5,911
allowances for your business is an important part of               In this case declaring a dividend increases the net by £815.
minimising the net cost of the investment. The Annual              Please discuss your dividend strategy with us as there are a
Investment Allowance is 100 per cent for the first £100,000        range of factors that need to be taken into account.
of expenditure on most types of plant and machinery and
the writing down allowance on unrelieved expenditure               Here’s wHere we Can advise:
brought forward is 20 per cent This rate reduces to 18 per         •     Managing debt and cash flow;
cent from 1 April 2012.                                            •     Dealing with administrators or liquidators
owner-direCtor – inCrease Your net                                 •     Planning to take account of future changes in the rate
inCome                                                                   of corporation tax
For the moment, consider how much you might save if,               •     Planning your business start-up
as an owner-director, you wanted to extract the £10,000            •     Your options for finance
profit your company makes in 2011/12 by way of a dividend          •     Finding investors
rather than a bonus. Please note that we assume that you           •     Putting you in touch with patent and intellectual
are paying higher rate tax, so your earnings exceed the so-              property law specialists
called ‘upper limit’ for NICs.
                                                                   •     Trading during tough economic times
There are many matters to be considered when deciding              •     Helping you to comply with government regulations
whether directors should be paid by dividend or salary/                  and avoid fines, surcharges, penalties and interest
bonus. In practice, a combination of each is usually an
appropriate course.                                                •     Timing capital and revenue expenditure to maximum
                                                                         tax advantage
Remember that dividends are usually payable to all                 •     Improving your invoicing and debt recovery systems
shareholders. If you have outside shareholders who are
not involved in the day to day running of the company              •     Involving family members in the business
then you will need to consider your dividend strategy              •     Developing a plan for tax-efficient profit extraction
carefully. Although it is possible for shareholders to             •     Improving profitability
waive their entitlement to dividends, this can result in tax       •     Protecting your business from financial disaster
complications, so a better option may be to have different
classes of shares, on which different rates of dividend can be     •     Selling your business and grooming your business for
paid. However, if this technique is used as part of a scheme             sale
to avoid tax or NICs for employees, it may not be effective        •     Valuing your business
and thus result in an even higher tax liability.                   •     Minimising employer and employee NIC costs
Finally, you may need to consider the effect that regular          •     Minimising tax costs, enabling you to keep more of the
payment of dividends will have on the valuation of shares in             profit you earn
your company.                                                      •     Identifying and valuing unpaid bills and unbilled work
please do not hesitate to contact us to discuss any of                   at the year end
the issues raised here.                                            •     Preparing yourself and your business for your exit,
                                                                         succession or retirement.

                                                                                            The Active Business Series       2011

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11. Series 11 Selling Your Business
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10. Series 10 Directors Responsibilities
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06. Series 06 New Rules On Capital Allowances
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17 Tax And Your Company 17

  • 1. The Active Business Series 17 plummerparsons absept2011-17 2011 Tax and your company this 2011/12 guide is to help with your business planning. Managing a company always a more aCtive, more empowered HmrC presents challenges, and the HMRC now has the power to request any business documents that it considers necessary to check your tax current year, while offering position, it also has a right to visit business premises – without giving warning. However, businesses selected for opportunity to some business a tax check are selected by risk category, and the entire owners, is challenging for many as system requires only that taxpayers (including businesses) take reasonable care over their tax responsibilities, such we face continued public sector as notifying HMRC when they are liable to tax. It is the last cuts and tax increases. thing many businesses need in today’s economy, but it is important that your company is able to satisfy the taxman Financing and cash flow are already proving difficult for if he does turn up on your doorstep. So, please ensure the many businesses, even some of those benefitting from a last six years’ of your firm’s documentation can be correctly growing market share. Don’t let tax be another problem and promptly produced, so that any HMRC visit is not this year. Stay ahead of developments, and make sure you aggravated by incomplete information. seek our professional advice. Here are some of the issues directors and company owners should know about. researCH and development - CasH in Hand? Corporation tax rates and bands The SME research and development rules offer tax Financial Year to 31.3.2012 31.3.2011 opportunities for SMEs, provided your expenditure is over £10,000. Research and development expenditure carries a taxable profits substantial 200 per cent deduction against profits. From 6 First £300,000 20% 21% April 2012, this deduction is planned to rise to 225 per cent. Next £1,200,000 27.5% 29.75% Furthermore, if your business is not making a profit, there Over £1,500,000 26% 28% is a tax credit system which allows the relief as an up front cash sum, as long as you surrender the corresponding Due dates for paying Corporation Tax trading losses. There is a great deal of flexibility regarding • Small and medium companies - nine months and one what can be claimed for, so if you are incurring research and day after the end of accounting period. development costs, please seek our advice. • Large companies - four quarterly instalments pensions commencing 6.5 months into the accounting period. don’t miss out on deferred tax opportunities. Pension contributions offer tax savings including reducing planning for the year ahead could benefit your NIC contributions for both the employee and the employer. company. Some employees and employers agree to a ‘salary sacrifice’, whereby a portion of salary is exchanged for a pension contribution by the employer. However, where the employer’s and employee’s contributions exceed £50,000, tax relief is effectively restricted. entrepreneurs’ relieF Entrepreneurs’ relief is in its third year with the lower effective 10 per cent rate on the first £10 million of business asset disposals still in effect, giving rise to a maximum reduction of £1,800,000. This is a lifetime allowance that reduces the gain for owners of limited companies on the disposal of shares and securities in a company. However, conditions do apply so please ask for further advice. ask us how we can help to make your company more tax efficient. Plummer Parsons | 01323 431 200 eastbourne@plummer-parsons.co.uk | www.plummer-parsons.co.uk 18 Hyde Gardens Eastbourne East Sussex BN21 4PT The Active Business Series 2011
  • 2. The Active Business Series 17 2011 Cars As you can see in the following case study, the net amount withdrawn is increased by almost 15 per cent by opting to The tax treatment of cars in a company is a complex picture, declare a dividend. But be sure to discuss this with us before as recent changes have affected both the capital allowances you act as this is a very complex area of tax law. that the company can claim on the purchase of a car and the benefit in kind that employees will pay tax on (and the Case Study company will pay national insurance contributions on). The general thrust of these changes is to encourage both bonus or dividend? companies and employees to choose more fuel efficient bonus dividend vehicles, by linking both taxes to the official emissions rating £ £ of the car. Choosing a fuel efficient car can benefit both the employee and the business, with the lowest emission cars profit to extract 10,000 10,000 attracting 100 per cent tax relief on purchase and carrying a Employers’ NIC -1,213 0 benefit in kind as low as 0 per cent. Gross bonus 8,787 0 GoinG Green - 100% Capital allowanCes Corporation tax @ 20% 0 2,000 It’s not just some cars that are eligible for 100 per cent Dividend 0 8,000 first year capital allowances. Any investment in approved environmentally friendly or energy saving equipment also Employee’s NIC -176 0 qualifies. Income tax @ 40% -3,515 0 Capital allowanCes Additional tax 0 -2,089 For the entrepreneur, getting the maximum in capital net amount extracted £5,096 £5,911 allowances for your business is an important part of In this case declaring a dividend increases the net by £815. minimising the net cost of the investment. The Annual Please discuss your dividend strategy with us as there are a Investment Allowance is 100 per cent for the first £100,000 range of factors that need to be taken into account. of expenditure on most types of plant and machinery and the writing down allowance on unrelieved expenditure Here’s wHere we Can advise: brought forward is 20 per cent This rate reduces to 18 per • Managing debt and cash flow; cent from 1 April 2012. • Dealing with administrators or liquidators owner-direCtor – inCrease Your net • Planning to take account of future changes in the rate inCome of corporation tax For the moment, consider how much you might save if, • Planning your business start-up as an owner-director, you wanted to extract the £10,000 • Your options for finance profit your company makes in 2011/12 by way of a dividend • Finding investors rather than a bonus. Please note that we assume that you • Putting you in touch with patent and intellectual are paying higher rate tax, so your earnings exceed the so- property law specialists called ‘upper limit’ for NICs. • Trading during tough economic times There are many matters to be considered when deciding • Helping you to comply with government regulations whether directors should be paid by dividend or salary/ and avoid fines, surcharges, penalties and interest bonus. In practice, a combination of each is usually an appropriate course. • Timing capital and revenue expenditure to maximum tax advantage Remember that dividends are usually payable to all • Improving your invoicing and debt recovery systems shareholders. If you have outside shareholders who are not involved in the day to day running of the company • Involving family members in the business then you will need to consider your dividend strategy • Developing a plan for tax-efficient profit extraction carefully. Although it is possible for shareholders to • Improving profitability waive their entitlement to dividends, this can result in tax • Protecting your business from financial disaster complications, so a better option may be to have different classes of shares, on which different rates of dividend can be • Selling your business and grooming your business for paid. However, if this technique is used as part of a scheme sale to avoid tax or NICs for employees, it may not be effective • Valuing your business and thus result in an even higher tax liability. • Minimising employer and employee NIC costs Finally, you may need to consider the effect that regular • Minimising tax costs, enabling you to keep more of the payment of dividends will have on the valuation of shares in profit you earn your company. • Identifying and valuing unpaid bills and unbilled work please do not hesitate to contact us to discuss any of at the year end the issues raised here. • Preparing yourself and your business for your exit, succession or retirement. The Active Business Series 2011