Pearl Lemon Accountants

Category: Finance

  • Why Am I On Emergency Tax

    Why Am I On Emergency Tax

    Introduction

    When HMRC (Her Majesty’s Revenue and Customs) doesn’t have accurate or adequate information about you, your income, or your tax data, emergency tax is triggered. The right tax code that you should be on will be unavailable due to a lack of information, thus you will be given an emergency tax code.

    This article provides an introduction to the emergency tax. It covers what it is, how it works, and why you are on emergency tax in the UK. Let’s know more about why you are on emergency tax and how to handle it.

    Emergency Tax Code.

    You should be given a P45 when you leave your work, which will indicate how much you’ve been paid and how much you’ve been taxed so far in the current tax year up to that point. In addition, your P45 will include your tax code, which will be required by your new job. It will be necessary to use an emergency tax code until your employer is able to determine what tax code you should be on if you do not get a P45 or do not provide it to your new employer when requested.

    emergency-tax-code

    What do I have to pay tax on?

    Tax is due on all earnings, regardless of their source, from your job. Bonuses, overtime, non-cash compensation, and benefit-in-kind compensation are examples of compensation (using a company car or tips).

    Pay that you get from working extra hours (overtime) or receiving bonuses is included in your taxable pay for the week or month. You will not be eligible for extra tax-free allowances for these higher earnings.

    You do not pay tax on:

    Scholarship income

    If you live on scholarship income, you do not pay emergency tax. However, your scholarship will be taxed at the end of the year.

    Every year, your scholarship will be taxed. If you live on scholarship income and do not have any other income, you must file a tax return by June 15th.

    Interest from savings certificates, savings bonds, and national installment savings schemes

    The Government of India has mandated that you do not pay emergency tax on interest from savings certificates, savings bonds, and national installment savings schemes. However, this does not apply to all types of investment.

    Payments to approved pension schemes.

    When it comes to taxes, there are some that you don’t have to pay. For example, there is an exemption from emergency tax on payments made to approved pension schemes. If you are using your pension contributions to buy a replacement car, this exemption will cover the cost of your new car.

    How to Avoid an Emergency Tax?

    You might be asking yourself how to avoid an emergency tax. Emergency tax is when you find out that your taxes are due in a month and don’t have any funds to cover them. There are rules for filing taxes, but the best way to avoid an emergency tax is by making sure that you have enough money in your account to cover the amount of taxes owed.

    There are many more ways to avoid it. The quickest and most straightforward approach to avoid paying emergency tax is to provide your new employer with your P45 as soon as you are able. This informs your new employer of the amount of tax you paid in your prior work so that they may report this information to the HM Revenue and Customs. Afterward, the Inland Revenue will issue you a PAYE (pay as you earn) coding notice, which will provide your new employer with the appropriate tax code, which should appear on your next payslip.

    If you do not have a P45, which you will not have if you are starting a new job for the first time, your employer will be required to complete a Starter Checklist, which was previously known as a P46, on your behalf. This will assist your company in assigning a tax code to you, which will then be forwarded to HMRC for processing.

    For High-income earners, this should be avoided at all costs. The emergency tax should be avoided if you are in the high-income category. This can be accomplished by paying less than what you owe. While the poorest Americans struggle to rebuild their lives and homes, many wealthy Americans have evaded paying their fair share of taxes, resulting in a $2.3 billion tax gap for the federal government.

    Using a credit card for all of your spending can allow you to save money on interest costs over the long run. They can assist you in saving money on purchases and can be used for future payments. In other words, you may pay a single lump amount for a whole month’s worth of payments in one go.

    emergency-tax

    Conclusion

    The IRS has a specific list of reasons that can cause a person to be on emergency tax. There are a few ways to avoid an emergency tax. Some ways include moving to a different state, filing for bankruptcy, or getting married.

    The emergency tax is a special tax imposed by the IRS on people who need more than $3,000. It is meant to be a temporary solution. However, there are still many people who have found themselves on this emergency tax.

    You can do certain things to avoid an emergency tax and keep your taxes low. One of these things is to make sure that you are not overpaying taxes and filing your taxes every year.

    FAQ

    Taxes are a necessary evil for most people. However, when it comes to the emergency tax, there is no other option. The emergency tax is an important part of your business and you cannot ignore it.

    There are many reasons why you might need to file an emergency tax return. These include:

    – You have lost or forgotten evidence that was required for your tax return

    – You have been made bankrupt

    – You have discovered that you owe more tax than what you originally filed

    – You have missed the deadline for filing a self-assessment and HMRC has contacted you about this

    What is the difference between an emergency tax and a regular income tax?

    A tax is a compulsory contribution to the government by people who are working or owning property.

    Income tax is a type of tax that everyone who earns money has to pay. It is the responsibility of the taxpayer to know and calculate their income tax, and then pay it on time. Income taxes are calculated based on your total income from all sources, minus any deductions or exemptions you qualify for.

    Emergency tax occurs when HMRC lacks information about you, your income, and your tax obligations. The right tax code is unavailable due to a lack of information, thus you will be given an emergency tax code.

  • Why Am I Paying Emergency Tax

    Why Am I Paying Emergency Tax

    Introduction

    When HMRC does not have accurate or adequate information about you, your income, or your tax data, emergency tax is triggered. Because they lack the information they need, the right tax code for you will be unavailable, and you will be assigned an emergency tax code.

    When you leave a job, you should be given a P45, which details how much you were paid and how much you’ve been taxed so far this tax year. The P45 will also include your tax code, which your new company will need. If you don’t get a P45 or don’t provide it to your new company, you’ll have to use an emergency tax code until your employer figures out what tax code you should be on.

    In this article, we will get to know more about why we are paying emergency taxes and more.

    Let’s get started and find out why I’m paying emergency tax.

    How to Avoid Paying Emergency Tax?

    Emergency tax is a particular type of tax levied on the taxpayer when they need money. It can be levied either by the state or by the federal government. However, it is not always necessary to pay emergency tax, and there are specific ways to avoid it.

    Avoiding emergency tax is to make sure that you have a good record of your income for the last three years. Try to make sure that you have enough cash reserves. If these conditions are met, you can start looking into other ways like investing in your own business or selling off your assets with a low value.

    There are more to it. You can follow the below-mentioned steps;

    1. When it comes to avoiding emergency taxes, the most typical approach to do so is by paying and filing your tax returns on time. The easiest method to prevent an unexpected tax bill or a penalty is paying and filing your taxes on time.

    2. By paying less than what you owe, you can avoid the emergency tax if you are in a high-income group. After Hurricane Harvey, many wealthy Americans avoided paying their fair share of taxes, leading to a $2.3 billion gap for the poorest Americans.

    3. You may save money on interest by making all your purchases with a credit card. With these, not only can you save money now, but you can put it towards future purchases. This implies that you may pay all of your month’s bills in one go.

    4. If you qualify for deductions and credits, you may be able to lower or eliminate your tax burden. The tax code is a maze of complicated rules, so it might be challenging to know which one to take. The Internal Revenue Service (IRS) has compiled a list of possible tax deductions. See if you qualify for these tax deductions to save money on your taxes.

    Why is this important?

    While operating under the provisions of an emergency tax code, there is a potential that you may pay either too much or too little in taxes. As a result, you are either not receiving as much pay in a month as you should or receiving too much money due to failure to pay sufficient income tax.

    HMRC has demanded that you pay them the tax you owe. Your tax code isn’t something your employer is aware of. This information is only known to HMRC.

    HMRC’s ability to assess the tax codes of millions of employees makes it easy for an incorrect code to slip through the cracks. This means that HMRC’s system is less secure than it could be inaccurately assessing tax codes.

    One out of every ten employees in the United Kingdom is on the erroneous tax code system. For this reason, it is so important to double-check your tax code! With the recent implementation of a new tax code, it’s necessary to double-check how your information will be treated.

    What are the Legalities of Emergency Tax?

    Emergency tax is a term that refers to taxes that are levied based on an emergency. For example, suppose you are in a car accident and need to get medical attention. In that case, you might have to pay for your medical bills as an emergency tax.

    An emergency tax can be paid in cash or by credit card. Suppose you don’t have enough money on hand and need to borrow it. You can open a line of credit with the company that will provide the funds for your emergency tax payment. You can also use your debit card or bank account with sufficient funds.

    Because your employer will not have access to this information while you have an emergency tax code. You will be required to pay tax on everything with no allowances as if you had not yet paid any tax in the current tax year.

    Many people don’t know about the legalities of paying an emergency tax, and they often end up having problems with their banks when they try to borrow money for their taxes. To avoid these problems, they need to know the laws related to taxes in general.

    Conclusion

    This article is an introduction to the topic of emergency tax. It provides a brief background of the emergency tax, its purpose, and its implementation. It also gives some tips on how to avoid it in the future. This article concludes that paying an emergency tax can be avoided by being more conscious about your spending habits and being more careful with your money.

    FAQ

    What does the emergency tax do?

    The emergency tax is a temporary tax that was introduced by the Trump administration in order to fund the current spending. The emergency tax will last for one year and will be used to finance military projects, border security, and disaster relief.

    The emergency tax is one of the most controversial measures introduced by the Trump administration. It has been criticized by both Democrats and Republicans as it is seen as a new way of increasing taxes without any legislation being passed through Congress.

    How much is the emergency tax?

    This is a question that many people ask themselves when they find themselves in a situation where they need to get money as quickly as possible. The answer to this question can be found in the emergency tax section of the IRS website.

    The IRS website provides detailed information about how much an emergency tax is, and what kind of emergencies qualify for an emergency tax.

  • Wrongful Trading: What It Is and How to Avoid It

    Wrongful Trading: What It Is and How to Avoid It

    Wrongful trading, often known as “trading irresponsibly,” is a civil wrong covered by Section 214 of the 1986 Insolvency Act. As a result, industry professionals frequently refer to it as simply “Section 214.”

    The premise of wrongful trading is that a director of a UK limited company becomes fully aware of their firm’s insolvency, but does not act in a way that minimizes the loss to business creditors. It was created as a counter-measure to fraudulent trading.

    Wrongful trading is described by Section 214 as when a firm’s director allows the company to trade past the point where it:

    ‘knew, or ought to have concluded that there was no reasonable prospect of avoiding insolvent liquidation’; ‘

    did not take “every step with a view to minimising the potential loss to the company’s creditors’.

    Wrongful Trading Vs. Fraudulent Trading

    Wrongful trading differs from fraudulent trading in numerous ways, despite the fact that they are typically lumped together. To begin with, unlike fraudulent trading, wrongful trading is not a criminal offense, though individuals found guilty of either crime face substantial consequences.

    While fraudulent trading is frequently calculated and deliberate, many instances of wrongful trading are undertaken by directors without their full understanding of what they were doing.

    As a director of a limited business, however, it is your job to understand what constitutes wrongful trading and to implement the proper precautions to avoid breaching these regulations. HMRC and the law do not accept ignorance as much of defence!

    An act, or a set of acts, committed by an insolvent corporation is known as wrongful trading. It is vital to emphasize that claims of unlawful trading can only be filed against a firm when it is terminally insolvent.

    When a business realizes it is insolvent and has no reasonable hope of recovery, its directors should take actions to reduce the impact of the company’s insolvency will have on its creditors. This means that directors should avoid doing anything that could put their creditors in a worse position, such as taking on more debt or selling firm assets.

    To avoid further financial harm to creditors (as it is all about them once insolvency looms), it is frequently recommended that the company halt trade immediately – albeit this is not always the case. Trade may well be allowed to continue in some cases if it can be proven that this activity will raise the prospective returns for all creditors. However, because this is a highly complex issue, professional counsel should be sought before taking any action.

    What are Considered Wrongful Trading Actions?

    Making a so-called “preferred payment” is one of the most typical forms of improper trading. When it comes to paying back money owed, this is when a firm favours one creditor above another. Paying money owing to friends and family members before paying your other suppliers or creditors is an example of this.

    When a corporation is knowingly insolvent, it is usually recommended that it make no payments to any creditors in order to avoid undue preference claims. Obviously, some creditors will push harder for payment than others, but it will still be up to the directors to do the right thing and ensure everyone is considered equally.

    Other common examples of wrongful trading include:

    • Trading while knowingly insolvent
    • Paying down loans that have been personally guaranteed before addressing other debts.
    • Taking out more credit (from lenders or suppliers) when you know you won’t be able to pay it back
    • Accepting deposits for products you won’t be able to deliver, or for work you will not be able to complete.

    This list is not an exhaustive one. If you are unsure if your activities could be interpreted as wrongful trading, you should obtain professional advice as soon as possible, preferably before an insolvency is a foregone conclusion.

    What Are the Penalties for Wrongful Trading?

    Wrongful trading only applies when a company is insolvent and there is no way to save it. This means that the company’s liquidation will be overseen by a licensed insolvency practitioner. Investigating the behaviour of the directors in the period leading up to the company’s insolvency is an element of the insolvency practitioner’s job.

    If evidence of wrongful trading is discovered, the insolvency practitioner is required to report this to the Insolvency Service, which will investigate the claims further. If you are proven to be guilty of wrongful trading, you may face personal consequences. The transactions in question may be voidable, and directors may be compelled to make a personal financial contribution to compensate for the loss.

    Avoiding Wrongful Trading Accusations

    As a director of an insolvent corporation, you have a wide range of responsibilities that can be quite challenging. What is evident is that any director in this situation must move quickly to clarify their stance and understand the potential consequences of continuing to trade.

    An experienced accountant, like those who make up the Pearl Lemon Accountants team, can help businesses that are experiencing cash flow problems by giving them the guidance they need to get back on track, avoiding insolvency, and wrongful trading headaches, altogether.

    FAQs

    Who is liable for wrongful trading?

    Directors are liable for wrongful trading. If they continue to practice wrongful trading, they could be personally liable.

    For more information, book a call with our experts today!

    Examples of behaviour or actions they’ll look for?

    They look for money that is owed and should’ve been paid earlier. They also look for those who fail to manage the VAT scheme properly. Essentially, they are looking for those who continue to trade while insolvent.

    If you would like more information, feel free to book a call with our experts!

    What is wrongful trading?

    It’s a kind of civil mistake under the UK insolvency law. Basically, wrongful trading is when a director continues trading despite the insolvent status of the company. In doing so, he is acting against the organisation’s creditors.

  • VAT on Business Expenses – What You Need to Know

    VAT on Business Expenses – What You Need to Know

    VAT on Business Expenses – What You Need to Know

    Expenses are one of the most perplexing aspects of VAT, so don’t worry if you’re finding it all a little overwhelming.

    In this piece, we’ll walk you through the minefield of VAT on expenses and highlight the types of issues you can face in real life that you may be confused about.

    VAT on Expenses: Where to Start

    It’s important to note that expenses are handled the same as any other purchase you make for your company; the fact that they’re paid for by a member of staff makes no difference.

    There is one easy guideline to remember: if the expense was incurred totally, exclusively, and necessarily for the benefit of the business, you can claim it as an input on your VAT return.

    It’s crucial to keep in mind that HMRC may have a different definition of what’s ‘for the business.’ If any of these conditions are broken, you’ll need to treat the expense differently, which is what this piece is all about.

    In general, a solid expenses system will contain all the features needed to deal with VAT; all you have to do now is make sure you’re using the functions correctly. Once you’ve got a decent system in place, you’ll need to draft and distribute a detailed yet easy-to-understand expense policy to your staff.

    Make sure your new expenses policy is distributed to all employees and that any queries they may have are answered. After all, you can’t complain if an employee violates company policy on expenses if you haven’t told them what it is.

    Should You Claim VAT on That Expense?

    This is where the majority of people experience issues, so we recommend using a layered approach.

    For the first ‘layer,’ you will identify expenses that are obviously claimable – that is, VAT has been paid, and the expense was solely for your firm.

    For example, an employee might use their own credit card to purchase advertising on behalf of the firm, perhaps to score a deal. This was obviously all about the firm, and is clearly a VAT reimbursable expense.

    The next ‘layer’ is to determine if the expense was incurred partially for the benefit of the company.

    As an example, employees frequently agree with their employers that they will use their personal mobile phones for work or that they will pay for software to use on behalf of the firm and then claim the costs as expenses. In these instances, you may be able to reclaim the percentage of the cost that is related to the quantity of business use.

    The final ‘layer’ is determining whether or not the expense is reimbursable at all.

    Is the spending solely for the benefit of the employee? Is it a matter of entertainment or subsistence? Was it a cost incurred on the client’s behalf? Other rules may apply in these situations, and that is what a big portion of this post is about.

    Understanding VAT on expenses can be simple: if the expense had VAT added to it, you can prove it, and it was solely and exclusively for the business, you can claim it as an input on your VAT return and recover the tax. However, if the expense is ‘maybe’ not a standard VAT reimbursable expense, these restrictions, you’ll need to carefully consider your strategy and ensure that you understand the guidelines.

    When we say ‘claimable, in what follows’ we’re presuming they match the ‘whole and exclusive’ requirements and that you have documentation from a VAT-registered vendor. Naturally, we’re also assuming that the VAT on the things we mentioned was applied at the current rate – remember, you can’t get VAT back at the ordinary rate if the item is zero-rated or exempt!

    Office Related Expenses

    This is a rather simple issue. Pens, folders, and other office supplies will be claimable. It makes no difference where they were purchased or utilized, so an employee might work from home and have things delivered there.

    They could even pay for an office order with their own credit card, possibly to get a discount for paying right away. This is true for both payments that are expenses and payments that are assets. In terms of VAT, there isn’t much of a difference between these.

    Services Supplied to the Business

    Frequently, company directors will pay for items that are clearly for the company, but they will either use the wrong card or use cash. Happens all the time, even in our company. They could buy ads, pay for subscription services like software, or pay the window cleaner in cash (provided he’s VAT registered, of course). All of this is eligible for VAT reimbursement.

    Travel

    This is also a common business expense to consider for VAT. The easy part is when the employee is going to a business meeting and needs to take a taxi. You should be aware, however, that not all travel includes VAT.

    Train tickets and underground tickets, for example, are exempt from VAT. Receipts are provided by all reputable taxi companies, and these receipts will include a VAT number if appropriate. Uber (and other ride-sharing companies) are a different story. Uber argues that its drivers are self-employed, therefore each has their own VAT status, despite the fact that you buy from a single platform. This is definitely one to keep a careful eye on.

    Business Entertainment

    This is a tricky one that produces a slew of issues for people. Let’s be clear about something. Business entertainment isn’t subsistence. When a company employee is required to work away from the office for an extended period of time, the company can pay them for their meals. This is subsistence. Business entertainment occurs when a company pays for an evening dinner or an event for employees, potential suppliers, or consumers.

    Companies frequently supply food for meetings, which is acceptable as long as it is of a basic kind. If, on the other hand, the firm decides to engage a Michelin-starred chef and supply tons of bottles of champagne, this definitely does not fit within the category of being “reasonable.”

    Similarly, if a meeting is held outside of the office, this can be accommodated, regardless of whether the meeting is entirely for workers or not.

    However, general entertainment is a different story.

    For instance, your business might invite suppliers or customers to a golf outing or a football game. Because HMRC believes that these types of events are unlikely to be strictly business-related, you will not be able to claim VAT.

    Of course, you could argue that the event served multiple functions. Perhaps you leased a room at the golf club for a business conference and then went golfing afterwards. In that situation, the portion of the business meeting would be permissible, but the golf outing would not.

    Employee Entertainment

    This is another issue that requires cautious attention. If the person being entertained is an employee of the company and the entertainment is relevant to their job, it is VAT-deductible.

    An example of this would be if the company pays for a meal out in exchange for excellent performance. You can claim VAT back on everything you provide for your employees (excluding an annual event). Some companies, for example, arrange for pizzas to be delivered on the last Friday of the month. The food must be offered to all employees and cannot be limited to only the directors, but as long as it is, you can claim back the VAT.

    Another example? If the firm organizes a team-building day away from the office and provides food, the food is also acceptable because it is classified as subsistence.

    However, there is one caveat: these cannot be restricted to only the firm’s directors or partners; they must be open to all employees. Restricted events are not eligible for reimbursement. Also, keep in mind that the requirements for VAT and income tax are frequently incompatible. For tax purposes, for example, there is a restriction on the amount that can be spent on yearly employee activities.

    Goods For the Business

    It’s possible that the employee purchases items that the company needs to do its business. Let’s say a web design firm sells a bundle that includes site design, development, and content. One of the directors creates the design and then uses their credit card to pay freelance developers, photographers, and writers from a freelancer marketplace to add to the package. To put it another way, these are products that would be considered “cost of sales.”

    The expense certainly fulfills the business purpose test in this scenario.

    It’s also common for a senior employee to need to buy items from a local supplier on short notice in order to complete a job, and they do so and then claim the money back later. Again, this is all totally legal, and you are entitled to a refund of any VAT paid.

    Final Word

    In actuality, most sorts of expenses are rather straightforward when it comes to VAT. The majority of expenses recur on a regular basis. So you just need to think about the principles once, and the next month when the identical expense arises, you’ll know exactly how to handle it.

    Where things go off the rails, or where there is a mix of private and commercial use, things get a little more complicated. This is where you should think about your strategy, and, if you don’t have one, consider hiring an accountant to do the financial thinking for.

    VAT on business expenses is just one of the many areas why having a firm like Pearl Lemon Accountants makes so much sense. To learn more about just how we can help your unique business, contact us today.

    FAQs

    Do you pay VAT on business expenses?

    Yes. VAT is charged on all expenses, even if the specific item is exempt.

    Can you claim VAT on business expenses?

    Yes, you can! But you can only claim it on the products or services used solely for the company, and the organisation has to be registered for VAT. Still unsure if your goods qualify? Let’s chat!

    What business expenses are VAT deductible?

    Business expenses that are VAT deductible include vehicles, fuel costs, travel expenses, and assets acquired for the business with a value of £50,000 or more. 

    Are business expenses exempt from VAT?

    No, they are not. Even if the specific item is exempt, VAT will still be charged. 

    How much VAT can a business claim back?

    Up to 20% of the VAT on the company’s utility bills can be reclaimed if your work-from-home office takes up 20% of the floor space. However, you have to have valid VAT invoices and keep records supporting and proving that the claim you’re trying to make is valid. 

    How far can you backdate VAT?

    You can backdate VAT as far as 6 months for services and 4 years for products. You can reclaim VAT on products and services as long as they are related to the company.

    Do I need to register my business for VAT?

    No, you do not. The only businesses that need to register for VAT are those that sell any products or services that happen to be “out of scope” or specifically exempt from VAT. Need more clarification? Let’s chat!

  • Setting Up a Trust in the UK – A Complete Guide

    Setting Up a Trust in the UK – A Complete Guide

    The use of a trust to protect large sums of money and other financial assets is becoming increasingly common.

    The usage of trusts in the UK has risen steadily. Once thought to be the sole domain of affluent individuals seeking to dodge taxes, people from all walks of life are now taking advantage of the various benefits that a trust can provide for people wishing to protect and distribute their assets safely during their lives and after they pass away.

    Trusts are complex things, however, and they come along with plenty of questions. What is a trust? How much does it cost to set up a trust in the UK? What can be put in trust? Who manages the trust? It’s important to have the right answers to these questions (and more) before you make a decision about whether a trust is right for you.

    While the following is not formal legal advice (you should consult with a solicitor for that) we are going to offer a look at the basics of trusts in the UK to help you get your research started.

    What is a Trust?

    As we mentioned, trusts were long thought of as the province of the ultra wealthy only. The kinds of things ‘ordinary people’ read about in novels, or the tabloids. However, a trust can be useful to all kinds of people, not just royalty or business oligarchs.

    A trust is a legal entity formed by an amount of money, investments, and other financial assets (such as property) that is set away from the rest of the estate from which these assets were separated.

    The person putting the assets into the trust – known as the settlor – will also provide regulations in a document called a trust deed that defines how the assets should be utilized when establishing the trust. The process of establishing a trust is an irrevocable one, which means the settlor- the person funding and establishing the trust – can’t change their mind and attempt to recover their assets at a future date.

    When establishing a trust, the settlor will also name the trustees and beneficiaries who will be involved. The trustees become the legal owners of the assets once the settlor has placed them in the trust and must look after them on behalf of the beneficiaries and in line with the trust deed’s conditions. They are in charge of the trust’s day-to-day operations as well as the payment of any taxes payable.

    The beneficiaries are the people that the settlor wishes to benefit from the trust’s assets in the long run. It could be a single person, a family, or another group of individuals. The beneficiaries get income or capital (or both) according to the rules laid out in the trust deed by the settlor.

    Mixed Trusts

    The benefit of establishing a trust is the ability to create something completely unique and tailored to the needs of all parties concerned. Combining aspects of multiple trusts can be a highly effective method to come up with a solution that’s just right for you, but keep in mind that each element may be subject to varying tax restrictions that will need to be taken into consideration before the trust is established.

    Settlor Interest Trust

    In some circumstances, a settlor can create a trust that permits them to profit from it (or allow a spouse to benefit from a trust covering some previously shared assets). Typically, this type will be either a possession interest, an accumulating interest, or a discretionary trust.

    UK Trusts and Inheritance Taxes

    Despite the fact that some of the tax benefits of trusts have been decreased in recent years, they remain an effective vehicle for protecting family wealth. Here are just a few examples:

    Capital Gains Tax

    A Capital Gains Tax (CGT) charge may be imposed on the individual who gives an asset to a family member that has significantly increased in value. These charges can be greatly lowered or deferred in a tax-efficient manner if you use a trust.

    Inheritance Tax

    In the United Kingdom, inheritance tax (IHT) is levied at a rate of 40% on any portion of an estate that exceeds the £325,000 threshold (unless the estate is being passed to a spouse, civil partner, or charity). For example, if the whole value of your estate is £1,000,000 (including property, other assets, and investments), £645,000 of that will be taxed at 40%, resulting in a total IHT payment of £250,000.

    However, because assets placed in a trust are no longer regarded the settlor’s property, they will no longer be included in the value of the settlor’s inheritance after seven years from the establishment date of the trust (assuming the settlor has no stake in the trust).

    This applies mainly to Discretionary Trusts. Settlor-Interest Trusts are usually ineffective for IHT reasons, since the Trust’s worth is included in the Settlor’s estate when they die.

    Income Taxes

    The first £1,000 of income received by a Bare or Discretionary Trust is usually taxed at the basic rate (20%), with the remainder being taxed at the additional rate (45 percent ).

    When income is paid to a Beneficiary, it is subject to a 45 percent tax credit. If the Beneficiary only pays the basic rate of tax, they can claim a refund of any overpayment on their annual Self-Assessment tax return.

    If a Trust is settlor-interested, any income generated by the Trust is taxable to the Settlor, whether or not it has been paid out. The Trustees will submit information about the income received and any taxes paid, which will be included in the Settlor’s tax return. If the Settlor pays tax at a higher rate than the Beneficiaries, there will be additional tax to pay.

    The Trustees must repay the Settlor for any additional tax paid. Any tax refund obtained by the Settlor that is related to the tax paid by the Trustees must be returned to the Trustees.

    How Much Does Setting Up a Trust in The UK Cost?

    Despite its reputation as a luxury reserved for the wealthy, establishing a trust is not prohibitively expensive. In most cases, a solicitor will charge approximately £1,000 to set one up. This may appear to be a large sum, but the tax savings associated with taking assets from your estate and placing them in the trust may allow you to recuperate many times that amount over the course of your lifetime.

    How We Can Help

    Many people who create trusts work with both a solicitor to set one up, and then an accountant going forward. Why an accountant? Most forms of trusts will be required to provide both tax and anti-money laundering information. The Trustees are responsible for gathering and maintaining current information on the Settlor, Trustees, and beneficiaries; registering the Trust with HMRC via the Trust Registration Service (TRS); and submitting annual tax returns.

    We have extensive experience assisting family trusts and estates with all aspects of administration, structuring, accounting, and tax return preparation. Contact us today to discuss how we can help you.

  • Stamp Duty – What You Need to Know Now

    Stamp Duty – What You Need to Know Now

    When you buy a home in England or Northern Ireland, you will be subject to Stamp Duty Land Tax (SDLT).

    It is usually transferred by your conveyancer when you exchange contracts on your property, and it must be paid within 14 days of closing. Stamp Duty is only paid by persons who are purchasing property, it is not something sellers need to be worried about.

    Stamp duty rates are divided into bands and are based on the value of the property. If you’re buying a second home or a buy-to-let property, the rates are different, and in most situations, First time buyers are, in most cases, excluded altogether and will often owe no stamp duty on the property they buy.

    What About the Stamp Duty Holiday?

    Stamp duty has become increasingly complex with the advent of temporary changes via the various stages of the Stamp Duty Holiday, enacted to help people weather the COVID-19 induced financial crisis.

    Some people mistakenly believe that favourable changes to stamp duty rates ended on June 30, 2021. But that’s not actually the case. Home buyers will benefit from a more limited stamp duty relief from July 1, 2021, to September 30, 2021, with the zero rate band set at £250,000.

    To take advantage of the lower rates, homebuyers must complete their purchase by September 30, 2021. But what are those rates? At the time of writing, they break down as follows, with stamp duty quoted as a percentage of the agreed final selling price.

    • Properties up to £250,000 – 0% stamp duty tax
    • Properties priced between £250,001-£925,000 -5% stamp duty tax
    • Properties priced between £925,001-£1.5 million -10% stamp duty tax
    • Properties priced £1.5 million and over – 12% stamp duty tax

    From 1 October 2021, stamp duty rates will return to normal, according to the current government. Previously, the purchase price threshold for paying stamp duty was set at £125,000 and that is a measure that is slated to return.

    The figures above are very general, and there are certain circumstances in which the stamp duty paid will be different, if the buyer needs to pay it all. Those circumstances are what we’ll take a closer look at next.

    First Time Buyers and Stamp Duty

    For first-time buyers, there is a stamp duty on certain properties.

    First Time Buyers have been exempt from Stamp Duty on properties up to £300,000 since November 2017 (prior to the announcement of an enhanced lower threshold for all buyers following the coronavirus lockdown). While this has no effect at the moment, when the usual rates return on June 30, 2021, First Time Buyers who purchase a property up to £500,000 will pay no Stamp Duty on the first £300,000 of their property’s purchase price and only be assessed to pay stamp duty on the remainder.

    To qualify for the first time buyer exemption, you won’t have to do anything special; your conveyancing solicitor should make sure you meet the requirements and draw up final paperwork that reflects your status.

    If you meet the following criteria, you will be eligible for a Stamp Duty exemption as a first time buyer:

    • You’re a first-time buyer.
    • You’re buying a house to live in, and your cost is less than £300,000. (for no Stamp Duty at all)
    • Your property is priced at less than £500,000 (Stamp Duty is only charged on amounts over £300,000).
    • Your home is not located in Scotland or Wales. The rules there differ somewhat.

    In this scenario, you should make sure you understand what a first time buyer is:

    • Even if you have now sold it, you cannot have ever owned a residential home, and this includes inherited property.
    • You must not own, or have ever owned, property in another country. And again, this included inherited property.
    • Both partners must be first-time buyers if it is a joint purchase.
    • It is possible to own business use/commercial property and still qualify as a first time buyer for residential property.

    Stamp Duty exemptions for first-time buyers were extended to Shared Ownership houses up to the value of £500,000 starting in 2018. This covers individuals who choose to pay the entire tax amount up front, as well as those who pay a portion and then pay the rest when they staircase on the property and purchase more.

    Stamp Duty on Mixed Use Properties

    Mixed-use properties are subject to a lower Stamp Duty tax rate than residential buildings.
    You pay the following for a mixed-use property:

    • 1% on properties priced from £150,000 to £250,000
    • 3% on properties priced £250,000 to £500,000
    • 4% on properties priced over £500,000

    A mixed-use property is one that has both residential and non-residential aspects, according to the HMRC. For instance, think a flat that is attached to a shop.

    The following are examples of non-residential property:

    • Agribusiness land
    • A shop, or other business premises like a garage
    • Land or property that isn’t being used as a home

    If in a single transaction, more than six residential residences were purchased by the same person. This is because it is assumed that you would be letting out at least five of those properties. If you were to live in all six yourself (how?) standard residential stamp duty rates would apply.

    How and When Do I Pay Stamp Duty Tax?

    In most cases, your solicitor or conveyancer will take care of Stamp Duty on your behalf. As a general rule, they will submit your return and pay the amount due on the due date, and either add the amount to their fees or (more typically) collect the amount in advance from you.

    Stamp duty must be paid within 14 days after the completion of the transaction.

    Regardless of whether or not stamp duty tax is due on a property, you must file a return with HMRC. A fine may be imposed if the return is not submitted within 14 days after the transaction’s conclusion.

    It is difficult to register a change in property ownership without the certificate issued by HMRC after a return has been accepted. In practical terms, that may prevent you from selling the property easily in the future, so this is something that first time buyers not subject to stamp duty need to be particularly aware of.

    Stamp Duty Relief Exemptions

    You may be entitled for SDLT reliefs and exemptions in certain circumstances. Stamp Duty reliefs can lower the amount of tax you pay; but, even if no tax is due, you must file an SDLT form to benefit.

    You don’t have to pay SDLT or file a return if you meet the following criteria:

    • Property is left to you in someone’s will.
    • Divorce or separation results in the transfer of property.
    • When a house is purchased for more than £125,000, and the seller then agrees to take a lower price (as low as £1000 will qualify).
    • When property is given as a gift and no money or other form of compensation is involved.

    Caravans and houseboats are exempt from stamp duty as they are movable and, in the case of a houseboat, usually don’t occupy land. If a houseboat comes with a garden, then you will probably still owe stamp duty. The stamp duty rules for buy to let and holiday let homes we cover extensively here.

    There are lots of reasons property buyers should have a good accountant on their side, and factoring in the impact of stamp duty tax on their purchase is just one of them. Contact Pearl Lemon Accountants today to chat about just how we can help you.

  • Simple Guide to CIS Tax For Construction Pros

    Simple Guide to CIS Tax For Construction Pros

    CIS isn’t a new tax law; it was enacted in 1971 to address what was considered to be a major tax evasion problem in the construction industry. Several adjustments have been made over the years, with the most current developments being announced by the UK government at the end of 2020 that took effect on March 1, 2021.

    The CIS scheme lays out how contractors in the construction industry and certain other businesses must handle payments to subcontractors for construction activity. It works in a similar way as PAYE for employees, except it’s only for subcontractors.

    All payments made by contractors to subcontractors under the system must take into account the subcontractor’s tax status as established by HMRC. This means that contractors may be forced to deduct a percentage of the money owed to subcontractors (less materials costs) and pay it to HMRC. This money is then used as an advance payment on the subcontractor’s tax and NI obligations.

    How the CIS Tax Affects Those Working in Construction

    So, why is it important to grasp the basics of CIS tax , and what does it mean for trade business owners? If you’re self-employed in the building or construction industry, you’ll almost certainly have to pay CIS tax.

    Failure to register as a contractor could result in tens of thousands of pounds in fines (irrespective of whether workers are registered as self-employed and have paid their tax bill). Contractors must register for CIS.

    Subcontractors are not required to register, but if they are not registered, their payments will be deducted at a higher rate (30%). (versus 20 percent if they are). That’s a lot of money to waste when you could be expanding your trade business in other ways.

    The Difference Between Contractors and Subcontractors According to CIS

    The CIS clearly defines who is considered a contractor and who is labeled a subcontractor. According to the scheme:

    A Contractor: Pays subcontractors for building work, or owns a company that doesn’t undertake construction but spends more than £1 million a year on it in any three-year period.

    A Subcontractor: Is paid by a contractor to undertake construction work on their behalf.

    Some businesses may find that they fall under both categories, in which case, for CIS purposes, they must register as both.

    Types of Work Covered by the CIS Scheme

    Contractor is a very broad term, but, once again, the CIS does get specific about just what kind of work is covered by the scheme.

    Legally, the CIS tax rate applies to all the following activities:

    • Building or erecting a permanent or temporary structure
    • Civil engineering projects such as road or bridge construction or repair
    • Preparation of the site (e.g. laying foundations and installing access works)
    • Dismantling and demolition
    • Modifications, repairs, decorating
    • Heating, lighting, power, water, and ventilation systems installation or repair
    • Cleaning the interiors of structures following construction.

    CIS, however, does not apply to any of the following construction like activities :

    • Surveying and architecture
    • Scaffolding rental (with no labour)
    • Carpet-fitting
    • Manufacturing of construction materials
    • Materials delivery
    • Work on building sites that isn’t explicitly related to construction, such as operating a canteen or maintaining site facilities in other ways.

    CIS in Action: A Practical Example

    Fred, a mate, asks you to help him with some repairs on his private residence. You enlist the assistance of another self-employed tradesperson named Phil to complete the job.

    Because Fred is a private homeowner, when he pays you, he does not have to pay CIS tax. You then compensate Phil for his contributions to the project.

    In this case, you’d have to register as a contractor with the CIS before paying Phil. You’ll also need his UTR number, as well as HMRC’s CIS registration status.

    If HMRC tells you that Phil is enrolled under CIS, you’ll set aside the required 20% CIS tax rate and pay it to HMRC on Phil’s behalf. If he is not, it will be up to Phil to either choose to do so or pay that extra 10% mentioned earlier.

    You could face fines for failing to keep CIS records, as well as a monthly penalty for each missing CIS return (which are due monthly) if you fail to register as a contractor under CIS and pay subcontractors properly.

    The Impact of the New VAT Reverse Charge

    The way Value-Added Tax (VAT) works has changed as of March 1, 2021. In the construction industry, VAT is no longer transmitted between VAT-registered enterprises. It is no longer necessary for suppliers to charge or receive VAT from their contractor clients.

    Instead, principal contractors essentially charge themselves VAT for the services of subcontractors and pay HMRC the money that would have been paid to the subcontractor in their VAT returns. The new requirements also apply to commodities when they are offered in conjunction with CIS-specified services.

    Help with CIS : Why You Might Need It

    One minute you’re knee-deep in mud or power wires, the next you’re busy quoting new work, sending out invoices, and pursuing payments as a trade business owner/operator.

    Paying CIS tax can make your administrative tasks more difficult. Even understanding it can be a big headache. Yet, it’s crucial you do pay CIS the right amount of attention, or you could end up in serious trouble (and face big fines.) If you don’t really understand who should be paid what, when and by whom, you can also cost yourself money.

    Which is why having an accountant on your side who really understands CIS, and can take it off your hands – along with other tax complications like VAT and day to day tasks like payroll – can be an investment that offers excellent ROI while also allowing you to get on with the business of construction, rather than deconstructing piles of paperwork and dealing with HMRC to determine if every subcontractor you hire had a CIS card, or should be employees.

    These are accountant hassles, and if you are interested in passing them on to Pearl Lemon Accounting, we’re here to help. Contact us today to discuss just how we can.

    FAQs

    How much tax do you pay on CIS?

    The amount of tax you need to pay depends on whether you are registered for CIS or not. If you are registered for CIS, the tax rate is about 20%, which is the standard rate. However, the deduction is about 30% if you are not CIS registered.

    Who is exempt from CIS tax?

    A few things are exempt from CIS tax, including facilities that may be onsite but are not related to the construction, catering, onsite delivery of materials, architecture work, carpet fitting, survey work, etc. 

    Looking for more information? Let’s chat!

    Do you get the CIS tax back?

    Yes, you can! However, to do so, you must file a Self Assessment tax return. 

    What happens if the contractor does not deduct CIS?

    If the contractor does not deduct CIS, HMRC will let the contractor know how much CIS is due and will send an agreement detailing the total CIS due.

    What happens if you are not CIS registered?

    If you are not CIS registered, the tax rate is higher. A 30% tax deduction must be withheld from the overall amount of any work invoices.

  • PayPal Working Capital UK: Is This a Loan That’s Right for Your Business?

    PayPal Working Capital UK: Is This a Loan That’s Right for Your Business?

    New businesses and start-ups often need cash in a hurry. The same can actually be true of any business that is still in its early growth stages. Getting a traditional business loan from a High Street bank is increasingly difficult however, leaving businesses to look for a loan alternative that will a) provide them with the cash they need fast b) not charge too much in interest fees and c) be offered by a reputable provider, not a fly by night potential scammer.

    At first glance, it may seem like PayPal Working Capital UK offers all of this. But does it really, and is taking a PayPal Working Capital advance a good idea, from both a financial and business growth standpoint? That’s what we are going to take a closer look at here.

     

    You might be interested in this product:

    What is PayPal Working Capital UK Anyway?

    You may be able to acquire funding for your business if you have a PayPal business account and use it to collect card payments online or in person. PayPal Working Capital offers merchant cash advances, which means you pay back the loan as a proportion of your PayPal sales.

    There do seem to be a lot of advantages to this loan scheme, including all the following:

    • The loan isn’t based on credit ratings- yours or your firm’s – instead it’s based solely on your PayPal sales performance. Your credit score, or that of your business, won’t be affected – positively or negatively – if you take a PayPal Working Capital Loan.
    • The process is fast. Once approved, most people see the funds in their PayPal account in minutes, which is a lot faster than pretty much any other loan offering, and certainly much quicker than you could expect from a bank.
    • You can borrow up to 35% of your annual PayPal sales. The actual amount is determined on your PayPal account’s history. You can borrow up to £150,000 using PayPal Working Capital, but only if you have the PayPal sales to back up that large of an amount.
    • You pay back the loan automatically will a portion of your profits. Furthermore, you can set it yourself, starting with a percentage as low as 10%. The repayment percentage options you have will also be determined by the amount you want to borrow. Because you’ll repay the loan faster if you choose a higher percentage, the total cost of the loan will be lower as a result.
      Application that is simple and quick. It takes about five minutes, according to PayPal.
    • The loan will cost you a single, all-inclusive price. There are no hidden charges or interest rates. The loan has a single set fee, which is determined by the amount you wish to borrow, your annual PayPal sales and account history, and the repayment percentage you choose.
    • Once a loan is paid off successfully, most people find they can get another one almost immediately, leading some to use PayPal Working Capital UK as a revolving line of credit.

    If you’re looking for a new product that can help improve your life, then this might be just what you need:

    Do I Automatically Qualify for a PayPal Working Capital UK loan?

    No. To qualify for a loan you’ll need more than a PayPal Business account, you will have to meet all the following criteria:

    • Have a PayPal Business or Premier account for at least three months.
    • Be registered in the United Kingdom.
    • Make at least £12,000 in PayPal sales annually if you have a Premier account, or £9,000 if you have a Business account. If you have had the account for less than a year, you may still qualify, based on your YTD sales.

    What are the Disadvantages of a PayPal Working Capital Loan?

    Even though for some this all probably sounds great so far, there are downsides to taking a loan like this. The biggest is that you will be losing a percentage of your PayPal sales for some time. So before you commit, think it through. Do you REALLY need the cash? You’ll need to balance the need for funding now with that loss of income for what could be several months or longer, factoring in the interest fee as well.

    Can you get around this in a crunch by not taking sales via PayPal? You could, as there is a fairly low minimum payment to be made every month. However, if you make use of the PayPal service often enough to qualify for a loan, would your customers accept the change? And while PayPal does not report the loan itself to a credit bureau, they will send it to collections if you default, which will have a significant negative impact.

    This also brings up another issue. A business loan from a more traditional institution, like your bank, will, if paid of in a timely manner, give you and your business a nice little credit score boost, something that you will find is crucial for business growth. A PayPal Working Capital UK loan will not.

    You might be interested in this product:

    Should We Take a PayPal Working Capital UK Loan?

    PayPal Working Capital is not the cheapest option available. Although you won’t pay interest monthly a lump sum will be added up front. PayPal could charge you anything between £0.01 and £0.58 in fees for every £1 you borrow, according to its website. Which could be pricey, and have you paying the loan back a lot longer than you expected unless you do your homework first.

    As accountants, this is where we also point out an accounting wrinkle you’ll need to keep in mind. With no monthly payment due, and repayments taken as a portion of your sales, you’ll have plenty of revising to do in terms of sales projections. You will also need to bar in mind that you’ll be taxed on the whole amounts received from customers, not the money PayPal passes on after it takes its share.

    If you’re looking for a new product that can help relieve some stress in your life, this might be the one for you!

    So, for which businesses is a PayPal Working Capital UK loan something worth considering? It may be right for you if:

    • A lot of your sales are made through PayPal
    • You need a cash injection via a business loan very quickly
    • For general operating expenses, you’ll need a small amount of working capital (not to cover a major acquisition or business expense)
    • Other, less expensive solutions are not available to you.
    • You have an accountant who can help you make sure that loan repayments don’t negatively affect your bottom line or your tax bill. Need one of those? Contact us here to find out how Pearl lemon Accountants can help you (and maybe get some small business loan advice too.)

    Our product may be of interest to you:

    Frequently Asked Questions

    How much can you borrow from PayPal’s working capital?

    PayPal’s working capital offers funding up to 35% of the sales you’ve made annually on PayPal. The maximum you could receive is 150,000 pounds. 

    Who is the lender for PayPal’s working capital?

    Nationwide Finance Limited is the lender for PayPal’s working capital.

  • All About Companies House Late Filing Penalties

    All About Companies House Late Filing Penalties

    Limited companies, whether private or public, are required to file annual accounts with Companies House and HMRC. Companies House can and will impose a late filing penalty if you fail to file your accounts on time.

    Penalties for late filing were first imposed in 1992 in order to reduce the number of businesses that filed their accounts late or did not file at all. The Companies House late filing penalties have since been increased in order to encourage more directors to file their accounts on time.

    How much will missing the deadlines cost you? At the time of writing, Companies House late filing penalties for annual accounts are as follows:

    Private Limited Company (LTD)

     

      • Less than 1 month late: £150

      • More than 1 month but not more than 3 months late: £375

      • More than 3 months but less than 6 months late: £750

      • Over 6 months late: £1,500

     

      • Public Limited Company (PLC)

      • Less than 1 month late £750

      • More than 1 month but not more than 3 months late: £1,500

      • More than 3 months but not more than 6 months late: £3,000

      • Over 6 months late £7,500

    We should also note here that failure to file proper accounts can, and sometimes is, construed as a criminal offence.

    After missing the September filing deadline last year, more than 25,000 businesses were hit with automatic late filing penalties, according to Companies House themselves. So, how do you avoid becoming one of them this tax year? Here are some of our top tips.

    Plan Early

    Know when your company’s accounts must be filed and start planning ahead of time. If you’re a small business, keep in mind that you can no longer file abbreviated accounts. You may have other, simpler choices than filing a full set of accounts – such as filing micro-entity accounts – but the faster you work out how and what you are going to file, the better.

    Ask the Government to Remind You

    Ignorance is no excuse when it comes to tax filing deadlines. To that end HMRC have set up a handy service that will send you four different email reminders about when your accounts are due to be filed. Signing up for these may help you remember, no matter how busy you are. After all, there’s nothing like a note from the taxman to remind you they want their money…

    Do Things Right the First Time

    If you file your accounts on time, but then they contain errors and/or omissions that need to be corrected, the clock does not stop. To avoid facing a late filing penalty, even though you filed on time (but with errors) ensure that everything is right before you file.

    Allow Extra Time for Paper Filing

    Most firms file their accounts electronically and that really is the best way to go. Some businesses, however, will have to file paper accounts, which take longer to process than online accounts.

    Paper accounts must be manually checked by Companies House. This can take up to a week in some cases. Companies House will reject your accounts if they are incorrect or lack some essential information, and again, that may end up leading to late filing penalties even though, technically, you got them in on time.

    Can I Appeal Late Filing Penalties If They Are Assessed?

    We all know that life surprises us in less than good ways from time to time, and events can throw us off track. This past year has amply demonstrated that. HMRC outlined what it considers a “reasonable excuse” for late filing or payment even before COVID.

    If you receive a late filing penalty, you may be able to appeal it if you were unable to file your tax return on time due to extenuating circumstances.

    Reasonable excuses include the following:

     

      • You had an unexpected hospital stay that prevented you from meeting your obligations.

     

      • Your partner or another close relative died shortly before the deadline for filing a tax return or payment.

     

      • You were afflicted with a serious or life-threatening disease.

     

      • Despite your best efforts to keep it up to date, the software you use to complete your returns failed just before the deadline.

     

      • HMRC had technical issues, such as the accounts filing portals going down.

     

      • Fire, flood, or theft prevented you from filing your return on time.

     

      • Your delay was due to a disability.

    HMRC will still want to see that you took ‘reasonable care’ to meet your tax obligations, so your case will be looked at on an individual basis. I forgot is obviously not an acceptable excuse, especially when you should have signed up for those emails…

    The Best Way to Avoid Late Filing Penalties

    The very best way to avoid Companies House late filing penalties is to have an accountant in charge of your finances, including the filing of company accounts. As a small business especially, you may be looking for ways to save money, but there are better ways to do so than trying to keep up with company finances all by yourself. In fact, if you hire an accounting team like Pearl Lemon Accounting, we can help you discover what those are. Contact us today to chat about how we can help you.

  • Understanding – And Using – a Director’s Loan Account

    Understanding – And Using – a Director’s Loan Account

    Understanding – And Using – a Director’s Loan Account 

    If you own a business, you’ve probably come across the term “directors loan account.” Directors loan accounts (DLA) are one of the many tax provisions that you should be familiar with when you start a business of your own. That’s especially true of DLAs, as, if done right, they can offer you personally some significant financial benefits.

    What is a Directors Loan Account?

    A director’s loan account is not a real bank account, it exists only in your accounting records to keep track of the money flowing between you and the limited company. A directors loan account requires you to be a director of a company, as the name implies.

    When you form a limited company, unlike when you operate as a sole trader, the company is treated as a separate legal entity, and the money in the company does not legally belong to you. You can withdraw this money in a variety of ways, and the director’s loan account keeps track of who owes what.

    You are borrowing from the company via the DLA when you take money out of the company that is not a loan repayment, expense repayment, salary, or dividend. Personal spending from the business bank account, cash withdrawals for personal use, or money transfers to your personal bank account are examples of this.

    Putting Money Into Your Business

    The DLA is also used to keep track of any money you lend to your company. In addition, any money you spend on behalf of the company (business expenses) is recorded in the DLA as owing to you. The previous credit entry in the DLA will be cancelled once the company makes payment for the expenses.

    What To Keep In Mind About Directors Loan Accounts and Taking Money Out of Your Business

    Too Much Becomes a Benefit in Kind

    If your DLA account is overdrawn by more than £10,000, it’s considered a benefit in kind because you’re getting a loan with no interest. This must be declared on a p11d prepared by the company, and you must pay income tax on this benefit in kind on your personal tax return. To avoid this, you could pay interest on the money you have borrowed, in which case the loan is no longer a benefit in kind.

    You May Owe the Company Money at Years’ End

    Dividends are paid from reserves as a return on investment, and they are paid after corporation tax. A dividend declaration can be used to settle a directors loan account that is still outstanding at the end of the year, but you must ensure that there is enough profit left over after taxes to settle the account with dividends. If you have an overdrawn director’s loan account and owe money, you must report it on your corporation tax return, and you may have to pay tax on it.

    There is no tax to pay if you repay the loan within 9 months and 1 day of the end of your accounting year; if this is not possible, the company must pay 32.5 percent s455 tax on the loan, which is recoverable after the loan is repaid.

    And by the way, The director’s loan includes what HMRC classifies as associates, which includes husbands, wives, civil partners, relatives, business partners, and investors.

    Why Would I Need a Directors Loan Account?

    There are a variety of reasons why you might need a loan from your company, such as unexpected repair costs or even paying for a personal holiday trip.

    The most important thing to remember is that the loan was not subject to personal or corporate tax, and HMRC does demand what is due!

    What happens if I owe money to my company?

    If you owe your company more than £10,000 (interest-free) at any time, the loan is considered a benefit in kind, and you’ll need to report it on a P11D because it’ll be subject to both personal and corporate tax. On top of that, you’ll have to pay Class 1A National Insurance on the entire amount.

    What if my business owes me money?

    Your company does not pay Corporation Tax on money you personally lend it, and you can withdraw the entire amount at any time, regardless of whether the company is profitable or not.

    If you charge interest on the loan, it will be considered a business expense for the firm and personal income for you. There are specific rules governing the timing of repayments and any interest charged or received, which can result in a tax benefit for both the company and the director, with careful tax planning.

    How Do I Set Up a DLA?

    Setting up – and then properly paying back – a DLA is something that should be left to an accountant, to avoid tax hassles for you or your company. Don’t have one yet? For more information on how a DLA could benefit your company, contact us here.

    FAQs

    How does a director’s loan account work?

    A director’s loan account or DLA is essentially a way to virtually monitor all the funds you have either loaned to or borrowed from your organisation. If the account has credit on its account, the organisation borrows more funds than it’s lending.

    What type of account is a directors loan account?

    It’s just a record of every transaction that has occurred between the director/s and the organisation.

    Is a director’s loan a benefit in kind?

    Yes, but only if it meets specific qualifications, such as not paying interest on the loan, if the interest you’re paying is less than the average beneficial loan rate established by HMRC, and if it’s £10,000 or more.

    Is a director’s loan an asset or liability?

    The director’s loan is considered an asset. Want more detailed information, contact us here!

    Do you pay interest on a director’s loan?

    Yes, however, it is considered an expense on the company’s accounts. This decreases the amount that the Corporation Tax can charge.