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According to a new survey carried out by Alliancenext April adds to both theemployees' and
& where ID_NUM=9270;employers' tax burden and may more thanoffset
Leicester, one in five small business owners viewthe saving from the corporation tax zero rate on
tax astheir greatest concern. The Chancellor hasthefirst œ10,000 of profits.
announced in hislast budget that companies withAren't there any other matters to consider in
profits below œ10,000 willnot have to paydecidingwhether to incorporate or not?
any corporation tax with effect from 1 AprilHigher administration costs to comply with
2002. The question to be asked is: does thatcompany law,payroll and bookkeeping is one
announcementmake incorporation a morefactor. Another issue ispension planning. Extracting
attractive option compared tobeing a sole trader?profits out of the company asdividends rather
The answer is that from a tax point of view, itthan salary means that there will be no
isadvantageous to trade through a limited"net relevant earnings" and therefore pension
company as longas the income is drawn from thecontributionscan't be made. But the advent of
company by the owners asdividends from theirstakeholder pension planshas meant that
shares and the amount of dividendsdrawn iscontributions up to œ3,600 per year can
restricted below the 40% band rate (i.e.bemade without the need for any earnings. If a
œ31,063for tax year 2002/03). That way,person does notwish to transfer funds in existing
the owners have no furtherpersonal tax ("incomeplans into stakeholderbecause of high charges,
tax") to pay. Moreover, dividends arenot subjectthere is a way out: the best netrelevant earnings
to national insurance contributions. This isexcellent(i.e. salary) in five consecutive yearscan be used
news of course. But, if dividend income fallswithinfor making contributions for the next fiveyears,
the higher rate bracket of income tax (i.e. aboveeven if there were no salaries in the remainder
œ34,515), they will be taxed at 22.5% onfouryears. It is comforting to know that
the excess, whichof course will increase the taxentitlement to basicstate pension is not affected
burden. The company profitsare subject toby taking a salary from thecompany at the level
corporation tax rates. Those are lowerof a person's personal allowances i.e.
thanincome tax rates.œ4,615.
The most catastrophic scenario is when theFurthermore, an individual may decide not to
director takeshis reward from the company asbother withpension plans and instead invest in ISA.
salary. Then his/her salaryis taxed at income taxOften, these can bemore efficient than pensions
rates (like a sole trader's income).but that's beside the scope ofthis article. If that
That is because, unlike sole traders, the taxoption is taken, no salary isnecessary.
system treatscompanies as separate from theirAnother factor is business motoring. It might be
owners because a company isa separate legaltaxadvantageous for an unincorporated business
entity. The problem is that the incometaxes arethat owns manycars not to incorporate because
higher than corporation tax rates. On top ofthat,if these cars have someprivate use there will be
they will be subject to employee and employerbenefits in kind taxed on theusers. These are
nationalinsurance contributions, which of coursegenerally higher than the straightapportionment
increase the taxburden and render his positionbetween private and business for all carrunning
worse than even anunincorporated business ("solecosts in the case of sole traders.
trader"), because NIC Class 1on payroll are higherThe conclusion is that there can be considerable
than NIC Class 2 paid by selfemployed.tax savingswaiting the sole trader who decides to
In contrast, a self employed person ("sole trader")go down theroad to incorporation. But, one needs
is taxedat income tax rates on the profits fromto proceed withcaution and careful planning. And
his business, whichare added to his other sourcesdon't forget the biggestadvantage of
of income. As it has alreadybeen mentioned,incorporation, which is Protectionfrom Personal
income tax rates are overall higherLiability. Incorporating is one of the bestways to
thancorporation tax rates. On top of income tax,protect a business owner from personal liability.
nationalinsurance contributions class 4 are payableShareholders of a company are generally not liable
on the businessprofits within a specified band (7%for theobligations of the company. Creditors of a
on profits betweencompany may seekpayment from its assets, but
œ4,615and œ30,420). National insurancenot the assets of theshareholders. This means
contributions Class 2are also paid bythat business owners may engage inbusiness
self-employed people, although those arelowerwithout risking their homes or other
than those payable by company directors onpersonalproperty.
theirsalaries.Thank you for taking the time to read this Article.
To illustrate the above, let's take a simpleI hopeyou've found it useful. If you have, please
example. Wehave a limited company and a soledrop me an emailand let me know what you think.
trader. They both makeYou can email me Alternatively, you can visit our
œ60,000 profits each in the tax year 2002website at and read a series ofother full length
03. We assume thatthe company director takes aarticles that present the complete pictureon a
salary equal to the amount ofhis personalvariety of interesting topics.
allowances (untaxed income) of œ4,615 andIf you would like to know how to save tax and
thebalance as dividends. The company will paymake sure thatmore of your hard earned cash
corporation taxat 19% equal to œ10,523 andstays with you to expand yourbusiness and
nothing else. The sole traderwill pay income taxincrease your profits, we have a Free Special
œ16,542, National insurance Class 2Report addressed to small businesses either
œ104and National insurance Class 4starting up oralready in business. This Exclusive
œ1,806. Total œ18,452. Thebottom lineFree Special Report isavailable automatically when
is that the person that has incorporatedyou subscribe to our regularseries of Free
hisbusiness into a limited company will make a taxNewsletters on finance advice and taxplanning by
saving ofvisiting our subscription area on our website
œ7,929 compared to a sole trader! Isn't thatlondon.info. It is complied from reallife situations
fantastic?dealing with small business tax affairs forover 10
Somebody might be wondering: why is this entireyears and it is loaded with down-to-earth advice
happening?andpractical, understandable examples.
The official explanation is that, this government,LEGAL NOTICE
to helpthe economy grow, encourages people toWhilst every care has been taken in the
leave as much profitswithin their businesses to bepreparation of thisarticle, the author cannot accept
reinvested, instead of beingtaken out and spent.responsibility for anyerrors or omissions. Proper
The "unofficial line" is that, as a matter of fact,professional advice should betaken at all times.
foryears the Inland Revenue has tried toWe retain copyright for the contents of this
reclassify theself-employed. The 1% in NIC hikearticle. Anyunauthorized copying or onward
on staff salaries abovethe NIC threshold fromdistributions are prohibitedwithout our consent.