A recurring tax planning question is whether a business should be operated as a sole trader or partnership, or through a limited company.
Personal taxation levels are high with a theoretical effective tax and NIC rate of 69% for those earning £100,000 to £114,900.
Company tax rates are on their way down. Profits up to £300,000 are charged at 20% and over £1.5m at 26%. The effective rate on profits between £300,000 and £1.5m is 27½%. By 2014 the top rate is set to be 23%.
At face value, a company seems more tax effective. The problem of course is how to extract profits out of a company tax-efficiently because an individual still has to pay income tax on income extracted. If tax rates remain as announced, it is reasonably clear that payment of dividends rather than a salary gives the business owner the minimum tax from these conventional strategies. On this basis, running a business through a company saves tax overall in most or many cases. If profits are not extracted but instead reinvested, operating through a company reduces the tax further.
Of course there are other issues to consider. Operating through a company is probably more expensive in compliance costs (statutory accounts and other obligations) and has more legal restrictions (the funds belong to the company not the business owner). Company cars are a tax expense that must be factored in. On the other hand, an existing unincorporated business might become a limited company and in some circumstances enable the business owner to extract profits at just 10% tax.
More sophisticated structures are possible, combining perhaps Limited Liability Partnerships with limited companies. For conventional limited companies, more sophisticated profit extraction techniques may be available.
On balance, a trading business operating as a limited company is probably more tax-efficient than self employed status. Each case should be considered on its merits, particularly if a business sale is planned or is imminent. Tax may not be everything, but minimising it can make a difference.
Colin Tice, tax partner at Cassons chartered accountants and business advisers