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  I am starting a business and wondering if to register it as a sole trader or Limited Company?

  • by IZZYAcS
  • 22 Feb, 2020

Frequently asked question - choosing business structure

Are you asking yourself this question- WHICH Many DO:

 

I am starting a business and wondering if to register it as a sole trader or Limited Company?

 

I have read some very unusual answers to this one, and I would like you to look at HMRC guidance about registering as self-employed as this is at least what you should do if:

  • you earned more than £1,000 from self-employment in tax year
  • you need to prove you’re self-employed, for example to claim Tax-Free Childcare
  • you want to make voluntary Class 2 National Insurance payments to help you qualify for benefits

I have read some advice that you do not need to register till you get taxable amount which is not true… please never assume that, as first of all if you reach threshold of NI you need to pay NI, if you additionally working and earning your self-employed earnings  (if your turnover is more than £1000) are taxable.

Choosing if to register as self-employed or Ltd is difficult decision, the answer is not a straightforward and depending from many factors.

 I have tried to show advantages and disadvantages of both structures so, you can save yourself time and money by taking informative decision. If you still have doubt please contact us for free advice.

Who are your customers?

Ask yourself a question how structure of your company can affect potential profits. In general B2B Limited Company business model would be preferable, with B2C Sole trader can be sufficient.

Businesses- Businesses mostly preferring Ltd companies as in our society Ltd has prestige and professional image.

Private – Most of private clients would not care about a company structure (no one ask hairdresser, cleaner or beautician if they incorporated or sole trader), but there are some trades where customer feels that Ltd give them more secure and better service example builders especially where structural work need to be completed.  

Where you would like to be in 3 years?

Significant Grow - If you would like to grow your company significantly – you can either start as sole trader and move later to set up Ltd Company, or to protect your businesses name it is wise decision to register Dormant Company but the confirmation statements and accounts would need to be submitted. So possibly you can save some money on accountant but this would not be significant amount.

Slow Grow- hobby business – if you not planning a significant grow than working on self-employed basis would keep your cost down

 

How much profit you planning to make?

 

As you have started looking to persuade your dream to be your own business you possibly have business plan ready.

Business plan specifying your forecasted turnovers and profits.

Usually ltd can bring more tax saving but the administrative expenses might eat all tax benefits, 2019/2020 was very difficult as dividends allowance was reduced from £5000 to £2000,  around £400 to £1200 with changing from self-employed to LTD.

So I  advise customers that the benefit from Ltd can be reached when your profits before your wages are at around £36000- £40,000.

Analyse your funding?

Do you need borrowing or your company expecting to have high credit sales and purchases?

For those businesses with high credit sales and purchases Ltd is always better solution due to limited lability of the owners.

What investment you planning for your company in next few years?

If you planning to reinvest most of your profit back to the business Limited company might be better choice.

You can split income?

If you wish you can split your profit with family like husband of wife and you can either issue tax free £2000 dividends or employee them?

Please contact us if you need help with deciding which business model is the best for your company.

 

 

V
by Izabella Lichomska 11 January 2024


In a significant initiative aimed at fortifying tax compliance within the rapidly expanding digital marketplace, HM Revenue & Customs (HMRC) has unveiled a set of new tax reporting rules that will impact individuals and businesses involved in online selling activities. Effective from January 1, 2024, sellers utilizing platforms such as Vinted, eBay, and Airbnb will be subject to heightened scrutiny, with digital platforms now mandated to collect and share comprehensive information about their users' earnings.

Scope of the Regulatory Changes

The newly introduced rules necessitate digital platforms to gather detailed information from sellers, encompassing their name, address, date of birth, national insurance number, and specifics regarding their earnings and platform fees. For sellers renting out properties, the address of the property will also be mandatory. This data compilation will be shared with HMRC to bolster tax compliance.

Importantly, the sharing of information extends beyond UK-based platforms. Websites operating in countries adhering to the rules outlined by the Organisation for Economic Co-operation and Development (OECD) are obligated to collect and share data on UK-resident sellers. This global approach implies that individuals letting holiday homes abroad through non-UK platforms may have their data transmitted to UK tax authorities.

Implications for Sellers and Platforms

Sellers who have diligently reported their earnings and met tax obligations may experience minimal disruption to their routines. Conversely, those who have neglected to disclose their income may now find themselves under the scrutiny of HMRC, potentially leading to significant tax liabilities and fines.

The shared information empowers HMRC to cross-reference data from online platforms with individuals' tax returns or identify instances where returns have not been filed. Digital platforms are expected to furnish sellers with copies of the submitted information to assist in the accurate completion of tax returns.

Considerations for Sellers

Individuals involved in occasional selling with earnings up to £1,000 benefit from the trading allowance, allowing them to earn this amount without incurring taxes. However, those surpassing this threshold must complete a tax return, irrespective of whether tax is owed.

Sellers trading above £1,000 without filing tax returns may receive notifications from HMRC to rectify their affairs. Non-compliance could lead to voluntary disclosures or, in severe cases, audits and criminal prosecutions.

Digital platforms such as Vinted, eBay, and Airbnb are actively preparing to implement these changes, intending to communicate with sellers about the necessary steps for compliance.

Navigating the Evolving Tax Landscape

The introduction of these regulations underscores the swift evolution of the gig economy and the challenges tax authorities face in adapting. Given the global nature of online transactions, collaborative efforts are crucial to ensuring fair taxation, preventing potential illicit activities, and mitigating tax evasion. As the digital landscape continues to transform, tax regulations are adapting to create a more just and transparent environment for both sellers and tax authorities.
by Izabella Lichomska 9 April 2022

Travel Expenses and Subsistence for Self Employed

 

Travel expenses and Subsistence on the self-assessment return are often challenged by HMRC.

Subsistence is related to business travel – so if your travel is qualified as business, you can claim reasonable subsistence expenses.

Many Self-employed would claim all travel without fully understanding what rules need to be applied for this to be qualified as business expenses.

Using your car – claiming Mileage or business portion of actuals costs

So, what to take into consideration when calculating, and making the classification between Business and Personal travel:

“Base of operation” - Place where you are keeping paperwork and contacting clients, keeping tools etc.

"itinerant" – when someone’s job can’t be performed from home which is the “base of Operation” – then all travel to customers from Home to clients would be allowable unless there is a Normal habitual pattern – which basically means there is no clear pattern during the extensive time.

If your home is not the base of your operation you can’t claim expenses for a trip from your home to the base of operation.

So, when you can claim and when not examples:

Example Hairdresser

You can claim if you are:

Mobile hairdressers visiting different clients from Based of operation (usually your home) to clients

You can’t claim

If you have a chair in salon and you are there every Tuesday, you can’t claim for a trip between home and the salon as it is the normal habitual pattern.

Example Carpenter/Electrician/other Construction Workers

You can claim if you are:

Working for many clients at the time at a different locations and on different days – example of Carpenter who builds bespoke furniture for different private customers

You can’t claim if you are:

Based on one building site and your pattern and location are known and stay the same (normal pattern)

 

If you want to answer two questions is your journey is allowed expenses, ask yourself a question:

Does business conduct at one location makes it the “base of operation”?

If travel can be viewed as regular and predictable?

If you answer yes to any of these questions it's likely this would not be the allowable expense.

 

How you can claim your expenses for travel (car/van/motorcycles)

You can choose to use a Flat rate/simplified expenses:

Where you are recording your business mileage and expense are calculated by multiplying the number of miles by current HMRC rates ( Simplified expenses if you're self-employed: Vehicles - GOV.UK (www.gov.uk) )

   

Total number of miles during a year

Flat rate up to 10000 miles 45p

Flat rate After 10000 miles 25p

Total Expenses claimable

 

  Car/Van

15000

10000*£0.45=£4500

5000*£0.25=£1250

5750

 

 

(Motorcycle current rate is 24p – not depending on the number of business miles travelled)

 

Or you can get actual costs: petrol/diesel, insurance/tax, repairs, service, parts MOR, Recovery

But only the proportion of these costs relating to business use can be treated as business expenses

So, you still need to keep a record of mileage to calculate the value of these expenses. Under the actual method, you can claim capital ALLOWANCES.

With costs of petrol/diesel at an all-time high. It is worth exploring both options.

 

Do you have additional questions? email us: Contact@izzyacs.co.uk

Useful Links

Other travel expenses you can claim against your income:

Any business related

Parking

Hire charges

Train bus air and taxi fares

HMRC Links

Expenses if you're self-employed: Car, van and travel expenses - GOV.UK (www.gov.uk)

BIM37620 - Business Income Manual - HMRC internal manual - GOV.UK (www.gov.uk)

BIM37670 - Business Income Manual - HMRC internal manual - GOV.UK (www.gov.uk)

BIM37660 - Business Income Manual - HMRC internal manual - GOV.UK (www.gov.uk)

BIM47705 - Business Income Manual - HMRC internal manual - GOV.UK (www.gov.uk)

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