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Who can claim the Employment Allowance?

The employment allowance increased on 6 April 2016 from £2,000 to £3,000 per employer per year. This is great news for small businesses who can set the allowance against employer’s class 1 NIC payable on their employees’ and directors’ pay.

The bad news is the employment allowance is no longer available to companies where the only employee is a director of that company. This restriction was flagged-up over a year ago, and as a result many micro-companies decided to employ a member of the family for just a few hours to break the “one employee” condition. That second employee doesn’t have to be a director of the company.

The regulations that restrict the employment allowance don’t mention a minimum employment period for the second employee, or a minimum level of income. However, the HMRC guidance for one-person companies specifies that the second employee must be paid above the NIC secondary threshold (£156 per week for 2016/17).

It appears that HMRC have read far more into the regulations than is in the law, and as a result HMRC are imposing conditions by guidance rather than by regulation. HMRC have been asked to correct their guidance to accurately reflect the regulations passed by Parliament.

Tip: If you are the only employee of your limited company and you are a director, and you want to continue to qualify for the employment allowance in 2016/17 the only requirement you have to meet is that the company has two or more employed earners for at least one period in the year (which may be as short as a week). An employed earner is a person gainfully employed in Great Britain under a contract of service, or in an office, with earnings. So employ your partner or child for a week on £156 plus, report it HMRC via your RTI filings, and draw a salary yourself up to the personal allowance.

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What should a company director’s salary be in 2016/2017?

Traditionally if you are the director of an owner managed company, you would pay yourself a small salary, which is just enough  to maintain your National Insurance Contributions records, and extracting profits above that level as a dividend.

To ensure that the year counts for contribution purposes, the salary needs to be at least equal to the lower earnings limit for Class 1 National Insurance contributions (NICs). For 2016/17, this is set at £112 per week – equating to an annual salary at least £5,824 for the tax year.

From 2016/17, the National Insurance employment allowance is no longer available where the only employee of a company is its director. This means that one man companies (such as a typical personal service company) no longer qualify.

The optimal salary for 2016/17 will depend on whether or not the employment allowance is available.

Scenario 1 – Employment allowance is not available

This will be the case in a one-man company where the employee is the sole director (or where the employment allowance is used up elsewhere).

For the purposes of this illustration, we are assuming that the director has no other income besides his salary and dividends, and that the personal allowance is fully available.

The director’s salary that can be paid free of NICs is equal to the lower of the primary and secondary threshold – for 2016/17, this is equal to £8,060 a year. At this level, the salary can also be paid free of tax (as it is covered by the personal allowance). The salary is deductible for corporation tax purposes (generating a tax saving for the company of £1,612).

However, mathematically, a marginally better result can be achieved by paying a salary equal to the secondary threshold of £8,112 per year. Although employee contributions are payable to the extent the salary exceeds £8,060 – giving rise to a NIC bill of £6.24 a year (i.e. 12% (£8,112 – £8,060)), the additional salary in excess of the primary threshold (i.e. £52) is deductible for corporation tax purposes, generating a corporation tax saving of £10.40 (i.e. £52 @ 20%). Consequently, there is an overall saving of £4.16 by paying a salary of £8,112 rather than one of £8,060. However, as this necessitates the hassle of paying primary NICs of £6.24 over to HMRC, it is probably not worth it.

Tip: Where the employment allowance is not available, for practical purposes the optimal salary is £8,060 a year. However, it is possible to save an additional £4.16 by paying a salary of £8,112, but this is perhaps more hassle than it is worth!

Scenario 2 – Employment allowance is available

This will be the case if there is more than one employee (or the only employee is not also a director). It is assumed that the employment allowance is not fully utilised elsewhere (if you have other employees whose salaries utilise the entire allowance, then you want to pay yourself the figure from scenario 1).

The availability of the employment allowance makes it beneficial to pay a salary equal to the personal allowance – £11,000 for 2016/17. Although employee’s NIC is payable on the salary in excess of the primary threshold (£8,060), the employer’s NIC liability that would otherwise arise on the salary in excess of £8,112 (i.e. £298.54, being 13.8% of £11,000 – £8,112) is covered by the National Insurance employment allowance.

At a salary of £11,000, employee NICs of £352.80 (12% (£11,000 – £8,060)) is payable.

However, as salary is deductible for corporation tax purposes, the additional salary of £2,940 (£11,000 – £8,060) paid in excess of the primary threshold saves corporation tax of £588 (£2,940 @ 20%). This more than outweighs the employee’s NICs of £352.80, generating an overall saving of £235.20.

It is not worth paying a salary in excess of the personal allowance even if the employment allowance is available. Any salary above the personal allowance will be taxable and the combined effect of tax at 20% and employee’s National Insurance at 12% will outweigh the corporation tax saving of 20%.

Tip: If the employment allowance is available, the optimal salary is equal to the personal allowance of £11,000 (assuming this is not utilised elsewhere).

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Time to make your director salary a little larger

moneySmall salary/big dividend

If you’re the shareholder and director or Company Secretary of your own limited company, then you probably already pay yourself a small director salary and take the rest of your income out of the company’s post-tax profits as dividends.

The director’s salary has historically been just enough to maintain their National Insurance Contributions record, without being enough to trigger an Income Tax or National Insurance liability. They’ve then been able to take dividends up to the higher rate tax threshold before triggering any personal tax liability.

The rise in the personal allowance from 6 April means that the amount each director-shareholder can take as salary will be getting a little bigger.

Increase in your personal allowance

The personal allowance will be increasing to £10,000. This is much higher than the Lower Earnings Limit for National Insurance purposes, where these salaries have previously been pegged.

Rather than waste that extra personal allowance, it makes sense to take the £10,000 as salary in the year-ended 5 April 2015, have your company save £2,000 in Corporation Tax due to that salary, and pay a small amount of National Insurance through PAYE.

Increase in your director’s salary

Most people with no other income apart from their salary and dividends would have been advised to draw £641 a month in 2013/2014. This goes up from 6 April to £833.33 a month.

Remember, that’s your gross salary, not the net. You’ll take home a little less.

Assuming you have the standard PAYE code for the year, your company will pay you a net amount of £812.89 a month.

It will also have to pay HMRC £20.44 of Class 1 National Insurance a month  (this can be paid quarterly).

Provided you don’t have other employees paid enough to trigger an Employer’s National Insurance Contribution, then the £23.51 of Employer’s NICs that would have been due, will be exempted by the £2,000 Employment Allowance.

Keeping HMRC informed

All salary payments would need to be processed through the company’s PAYE scheme and HMRC informed with a Real Time Information Return when each payment is made.

If you want the stress of running your monthly payroll taken away from you, then we can help.

Everybody’s circumstances are different. If you have other income sources or are a higher rate taxpayer, then get in touch to find the remuneration strategy that’s right for you.

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Pay Less Tax – Summer 2013

Our latest newsletter is now available free to download. It only has one focus: helping you pay less tax.

This edition has lots of interesting ideas that should be relevant to your business. Some of them are ones that we’ve been discussing a lot with businesses lately, including whether a business should trade as a limited company, what’s the most tax efficient remuneration for company directors, and whether the VAT Flat Rate Scheme could help your business keep a little more from its gross income.

Other issues looked at this time include making use of your Annual Exemption for Capital Gains Tax.

The newsletter is free to download here:

Pay Less Tax – Summer 2013

If you would like our help to see whether you could save tax as a result of any of the ideas in this newsletter, then contact us today:

 

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Are you director of you own limited company? It’s time for a payrise!

Draws a dividend and a salary

Do you run your own company?

One of the reasons people trade through limited companies, is that they can remunerate themselves using a combination of salary and dividends, to pay themselves up £41,450 (including dividend tax credits) in 2013/2014 without incurring any National Insurance or Income Tax charges.

From 6 April 2013 onwards we recommend that you draw a salary up to a maximum of £641 per month.

This is just enough to maintain your National Insurance contribution record for state pension purposes, but it isn’t enough to make you actually pay any National Insurance.

Your salary is a tax deductible expense for your company, which will pay £1,538 less in Corporation Tax as a result.

As £641 a month is less than you probably want to live on, additional funds can be drawn as dividends. These should only be paid from profits (after Corporation Tax) so you do need to have confidence that sufficient profits are available. If there are insufficient profits the surplus funds withdrawn could be classed as an “unlawful distribution”. These are potentially repayable to your company.

Assuming you have no income other than the £641 per month salary, then you can receive £30,382 in dividends in the tax year commencing on 6 April 2013 without incurring any personal tax liability.

If your circumstances are more complex, or you would like to discuss this in more detail, then contact us today.

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Taking money out of your company (with no personal tax bill)

For the 2012-13 tax year we advise  director/shareholders to take the following ‘optimum’ monthly amounts out of their personal company:

• Salary £624 a month

• Dividend £2,624 a month or £31,488 a year

This will mean that your company will now save Corporation Tax of £1,497 on the salary.

This gives a total amount of £38,976 from 6 April 2012 and you will pay no personal tax provided you have no other income.

You can of course take more from your company but each additional £1,000 of dividend taken will cost you £250 in personal tax up to the first £59,000 of net dividend. It becomes more complicated once your gross income exceeds £100,000 in a tax year because you start to lose your personal allowances.

Working from Home Allowance increased

In addition, the tax free working from home allowance is increased to £4 per week (from £3 a week in 2011/12).   This amount can be paid in addition to the above amounts.

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Are you a limited company director? Time for a pay rise!

Many people who trade through a limited company pay themselves a basic salary as a director and take out the rest of their income as dividends.

Salary

The salary typically takes you up to the lower earnings limit for National Insurance purposes. This means that you maintain your National Insurance Contribution record for state pension purposes without actually having to pay any National Insurance!

For the year-ended 5 April 2013, the optimal salary for owner-directors to pay themselves from their limited company is £624 per month.

The only downside is that you have to register as an employer with HM Revenue & Customs and submit an annual payroll return to them. We can help you with that!

Dividends

The balance of the owner-director’s income is taken from the company in the form of dividends.

These are paid out of post-tax profits, so be sure your company has profits it can distribute.

While you are within your basic rate tax band, no additional Income Tax is payable on dividends.

From 6 April 2012, the higher rate threshold is £34,370.

Assuming that you no other income* besides your salary of £624 per month, your company can pay you a cash dividend of £31,488 before you would have any Income Tax liability.

This may vary depending on your individual circumstances. Please check with us to see what’s best for you. This information is intended for guidance only.

* Other income includes bank interest, dividends, rent, etc

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