Monthly Tax

Bates Weston Tax Alert.

 

 

 

 

Limited or self-employed?

Residence and domicile update

VAT and overseas expenses

 

 

 

Limited or self-employed?

 

The introduction of the starting rate of corporation tax of 10% on the first £10,000 of profit, followed by the reduction in that rate to 0% encouraged many very small businesses to incorporate to exploit the tax advantages that step offered them. Indeed the smallest businesses making up to £15,000 per annum in profit were the ones that saved the most in relative terms, by eliminating their tax liability completely.

 

If you did incorporate your business to take advantage of the lower corporation tax rates, now may be an opportune time to reconsider your business structure; the lower rates of corporation tax have long since been withdrawn!

 

The remainder of this alert sets out the issues you may like consider.

 

1.      Profitability. If your profits are less than £20,000 a year you may be better off being self-employed. If your business is presently a limited company you could consider reverting to a sole trader or partnership arrangement. A process called disincorporation.

 

2.      Compliance costs. Limited companies are required by law to prepare and file accounts in a particular way. This can be a time consuming and expensive process. Accounting for sole traders and certain partnership is much simpler and therefore less burdensome.

 

3.      Business perks. If you run a company car or pay other benefits from your business, the overall tax and National Insurance cost could be higher if you operate through a limited company. Self-employment still offers a measure of flexibility.

 

4.      Commercial risk. One major advantage of incorporating your business is to limit your business risks. Generally speaking the creditors of a limited company can only seek recourse against the assets of the company; unless of course you offer them a specific charge or claim against your personal assets.

 

5.      Half way house. If commercial risk is an issue for your business you could consider a Limited Liability Partnership (LLP). This offers the flexibility of being self employed and provides a measure of risk management – an LLP’s creditors are in the same position as those supplying goods or services to a full limited company.

 

Due to the ever changing face of UK fiscal legislation there is a constant need to re-evaluate tax strategy. If you would like us to review your business tax structure please call.

 

Back to top  

 

 

 

Residence and domicile update

 

Who is affected?

 

You will be affected by the changes to the residence and domicile rules if;

 

  • You are non-domiciled in the UK but have been here for seven consecutive years or more and wish to continue to make use off the remittance basis of taxation; and/or
  • You are an internationally mobile worker who is non-resident in the UK but do return to the UK on a regular basis.

 

If you are affected, what do you need to do now?

 

There are many complex elements to these rule changes and therefore by necessity this alert only points out those tax payers who should seek advice. This is an area where expert advice will be required.

 

For those of you who are affected, the key things you will need to do immediately (if you have not already done so) are:

 

1.      Determine if you need to pay the new Remittance Basis Charge. If you do, start keeping very careful records of any remittances of overseas earnings to the UK.

2.      Review your world-wide tax position and consider if any restructuring is necessary.

3.      Review travel plans careful to ensure the new residency rules are being properly considered. In particular keep accurate logs of your journeys to and from the UK.

 

These are issues that cannot be left to the end of the current tax year. If you are affected by this alert, call us. We will be happy to flesh out the details of the changes and how they affect your personal tax position in the UK.

 

Back to top  

 

 

 

VAT and overseas expenses

 

This alert will be of interest if you sell or buy services or goods in an overseas market.

 

In many situations if you are a UK based supplier (i.e. the company providing services to say EU customers, but delivering the services in the UK, you could take on the task of obtaining UK VAT refunds for those customers. This may offer you a competitive advantage?

 

Your business can only reclaim input tax on its VAT return if the expenditure was incurred in the country in which it is VAT registered. For example, a UK company can only reclaim input tax on expenditure relevant to other UK businesses. Overseas VAT is reclaimed as follows:

 

  • countries within the EC – VAT can be reclaimed by submitting a claim to the country in which the expenditure was incurred – this is known as an 8th Directive claim 
  • countries outside the EC – many non-EC countries have their own system of indirect taxes e.g. Australia has a tax called GST (Goods and Services Taxes). In many cases, a reciprocal arrangement will be in place with the UK (Australia included) whereby claims can be made between the two countries in exactly the same way as 8th Directive claims. This procedure is known as a 13th Directive claim.

 

For example if your UK business incurred GST on a business trip to Australia (not a trip to watch an Ashes cricket series!) you could submit a claim to the Australian authorities to recover this tax. Equally, an Australian business registered for GST could submit a claim to the UK to recover any relevant VAT paid in the UK.

 

If you do trade overseas and would like to discuss any of these issues in more detail please call.

 

 

Back to top  

 

 

 

 

 

DISCLAIMER - PLEASE NOTE: The ideas shared with you in this email are intended to inform rather than advise. Taxpayers circumstances do vary and if you feel that tax strategies we have outlined may be beneficial it is important that you contact us before implementation. If you do or do not take action as a result of reading this newsletter, before receiving our written endorsement, we will accept no responsibility for any financial loss incurred.

 

 

 

 

 

Bates Weston

The Mills

Canal Street

Derby

DE1 2RJ

 

Tel: 01332 365855  Fax: 01332 291294  web: www.batesweston.co.uk

 

BW Business Services Limited t/a Bates Weston registered office The Mills, Canal Street, Derby, DE1 2RJ. Registered No 2642288 England and Wales. Registered for VAT under reference no. 830 1239 69.

 

Directors: R J Carman FCA, R J Smith FCA, I K Neal FCA CTA, G Evans FCA, W D Thomas ACA

Associate: M Morton FCA

Registered to carry on audit work and regulated for a range of investment business activities by the Institute of Chartered Accountants in England and Wales