Directors salaries and WTC

scm5436

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Nov 22, 2007
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What an utter scumbag! I really have nothing more to add apart from the fact people like that disgust me and she should be fined.
But I don't understand why she would do that? Surely the benefits she would receive would be minimal compared to what she could get out of the company if it was making £170k profit/year.

I'm sure the only way she could claim the benefits was if she wasn't taking the profits out of the company, in which case what is the point...? At some point in order to benefit from the huge cashpile building up in the company over the years she will have to take it as salary and/or dividends and then she'll get hammered by high rate tax. Would seem a better idea to take as much as poss from the company each year below the high tax threshold...?

edit: and you should also blame the goverment for allowing that kind of abuse...
 
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oldeagleeye

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I presume that when she got to a million pre-tax she would take the compny off-shore but that ain't the best one.

It seems that despite the fact that bigamy is illegal in this country the government are now allowing young Muslim men to go back to Pakistan or wherever and takes up to 4 wifes as the Koran permits. They can then ship them over here where each wife will be provided with accommodation and benefits. When you cut to the crack this means that these guys can have their own harem in a million pound mansion or 4 big detached houses costing about the same + about £2.500 a week in benefits to spend.

I repeat. This is not a raciast or religious comment. I am talking about the government deliberately undermining our laws while imposing more and more red tape on small business and enforcing with a vengence. So while this is slightly off thread it does concern allowances though I doubt in those cases there will be any demand for WTC's. Rob
 
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Estimator

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It seems that despite the fact that bigamy is illegal in this country the government are now allowing young Muslim men to go back to Pakistan or wherever and takes up to 4 wifes as the Koran permits. They can then ship them over here where each wife will be provided with accommodation and benefits. So while this is slightly off thread it does concern allowances though I doubt in those cases there will be any demand for WTC's. Rob
Wow, 4 wives to claim as 'working for the company' :) Some of our regular posters would welcome that i'm sure!
 
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oldeagleeye

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I think the governments game plan is get them all over here and they won't blow us up.Mind you there would be riots in the street markets of London in a few years. They are already packed out with teenagers selling counterfeit videos and clothes.

Incidentally. A bit of useless history.Kashmir so fought after by India & Pakistan was given to the then Maharaja as a seperate Prinvely State as a thank you by Britain for helping put down the infamous Indian Mutiny.

He refused and said it wasn't enough. He demanded 3 cows instead. In the end there was a compromise. The State of Kashmir + 2 cows. What price Wales ?
 
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stphnstevey

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Sep 2, 2008
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If, at the start of the thread, it was stated that the WTC people don't have any idea about it (NMW), why be worried?

I would imagine that director's are in the minority for claiming WTC, so won't be on the hitlist - people working and claiming other benefits (job seekers and the like) seem to be the priority. Directors not on NMW.......hmmm.......:rolleyes:

And are we all really so suprised that one goverment agency doesn't speak to the other?
 
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SLF

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May 21, 2008
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that woman on DD did not claim social security benefits or housing benefit. She only claimed WTC because she drew no or barely any, salary. Benefits come from a different pot to WTC, which is in fact a tax credit, so not to be confused.
 
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David Griffiths

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    that woman on DD did not claim social security benefits or housing benefit. She only claimed WTC because she drew no or barely any, salary. Benefits come from a different pot to WTC, which is in fact a tax credit, so not to be confused.

    A lot of people would disagree with that statement. "Tax Credits" have little or nothing to do with the tax system, other that in the original intention that the government tried to dump the responsibility for payment on to employers. Apart from the fairness of that, the main problem was that they had to issue notices to employers about the amount of the credits, and they issued so many of these so often that their total administrative incompetence was plain for all to see, so they took the task back in house to try to hide it.

    Working tax credits replaced (and are essentially the same as) supplementary benefits and other means tested social security benefits.

    At one time benefits were paid by a separate governement department - Dept of Health and Social Security. (Dept of Stealth and Total Obscurity being a better term) That was absorbed into the Inland Revenue as far as beneft payments were concerned. Some political claptrap about an integrated tax and benefits system. A bit like an integrated transport system. Phrases beloved by politicians who haven't got a clue how to deliver it effectively.

    Sorry, but it's you who are confused on this one. :)
     
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    Business Listing
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    I am saying the HMRC deal with WTC and not the DSS (which deals with social security benefits).

    I thought it was the department of works and pensions now - does the DSS still exist?
     
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    fathippy

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    Edit: If you have a credit on your DLA why are you taking dividends and not just drawing down anyway?

    can i just check this logic - post CT earnings go to retained earnings and will be untouched if DLA is paid down. Paying up to the higher rate threshold in dividends incurs no more tax, however reduces the retained earnings payable later on. So both have no extra tax implications, but one stores up retained earnings for later on. Given that the DLA is there for later as well, I cant quite see the difference between the two.

    Obviously, as a layman, I have missed a key point - I know you wrote that part over two months ago, but I only just read it - what is the bonus for using the DLA and not the low end dividends?
     
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    David Griffiths

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    can i just check this logic - post CT earnings go to retained earnings and will be untouched if DLA is paid down. Paying up to the higher rate threshold in dividends incurs no more tax, however reduces the retained earnings payable later on. So both have no extra tax implications, but one stores up retained earnings for later on. Given that the DLA is there for later as well, I cant quite see the difference between the two.

    Obviously, as a layman, I have missed a key point - I know you wrote that part over two months ago, but I only just read it - what is the bonus for using the DLA and not the low end dividends?


    I think that the answer was given in the context of claiming tax credits, not as a general taxation point.

    Normally, we'd advise clients to vote dividends up to the higher rate threshold, even if they don't want the cash immediately (it can be left in the company as a loan). That way, the money is effectively theirs and "parked" in the company. It's not the only factor, however. Sometimes the director will take no dividends but draw down on the DLA as that will give a stronger balance sheet to file at Companies House.
     
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    Wild Goose

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    For those who, earlier in the thread, were amazed that the income tax arm of HMRC doesn't pool it's information with the tax credits arm, for example to catch those who pay themselves a small wage and large dividend and omit the latter from their tax credit claim, Sky News carried a report yesterday of current back-door legislation enabling government departments to pool and share information. A national database, if you like.

    Which I guess means the tax credits people will soon be in a position to clamp down on claimants.
     
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    UKSBD

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    For those who, earlier in the thread, were amazed that the income tax arm of HMRC doesn't pool it's information with the tax credits arm, for example to catch those who pay themselves a small wage and large dividend and omit the latter from their tax credit claim, Sky News carried a report yesterday of current back-door legislation enabling government departments to pool and share information. A national database, if you like.

    Which I guess means the tax credits people will soon be in a position to clamp down on claimants.

    I wouldn't think many people take large dividends and tax credits in the
    same year, I think it is more the case people take dividends and tax
    credits in alternating years.
     
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    Scotty71

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    Feb 24, 2009
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    Useful thread as I'm starting off a business and can't afford to pay myself a bean in the forthcoming months as all my money is going into stock. I posted about this earlier but was pointed back at this thread (amongst others) on another forum. I have set my company up as a limited company and I am a director.

    I can't afford any salary at all but have two kids to feed with no mum around. It looks like if I work less than 16 hours a week for no / little salary I could get income support and have my mortgage interest paid after 13 weeks. I have to say I find this all mind boggling.

    When the business is up and running properly and I can afford a salary, great. In the meantime I need to look at the best options available and have to balance off the WTC against income support and mortgage interest repayments.
     
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    Wild Goose

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    I can't afford any salary at all but have two kids to feed with no mum around. It looks like if I work less than 16 hours a week for no / little salary I could get income support and have my mortgage interest paid after 13 weeks. I have to say I find this all mind boggling.

    That's a new one on me. I wonder whether with income support you would fall into the same "Catch 22" as with WTC/CTC as has been outlined in this thread? (In short, that in order to work x number of hours per week, one needs an employment contract, whereupon you wearing your director's hat become liable to prosecution for failure to pay the company's employees [ie yourself] the National minimum wage).

    In case that applies, I have two mutually exclusive (yes, yes, I've been helping son 2 with his English homework:) ideas:

    Firstly, would a similar situation arise with the income support you mentioned? ie would an employment contract be necessary to verify that you work (albeit less than 16 hours a week)?; with its attendant minimum wage issues. The conventional wisdom is to pay yourself around £100 per week as a director - utilises your tax free allowance, saves the company Corporation tax on £5k a year, neither you nor the company pay any NI, and you get your stamp credired for social security and pension purposes. Would it be possible for you to overcome any income support / minimum wage Catch 22's by having an employment contract that pays say £7 hr x 14 hrs = £98 per week WITHOUT affecting your income support claim? If £98 is too much for your income support claim to work, how much are you able to earn?

    Of course, 14 hours a week employment would still leaves you short on a tax credit claim, so if you opt for WTC/CTC then self-employment must be the logical route. That's the second idea - an alternative to the first. Set up as an e-bay trader, even if you are only selling one item every now and again, and set about buying and selling on the internet. The buying part means you might take any number of hours: 15, 18, 30 - whatever's needed each week - to scour e-bay or charity shops for bargains. Send in the form to your local tax office to register as self-employed, pay the £2 per week NI stamps, and run your self-employed business simultaneously with (but separately from) your limited company. That way you can achieve whatever number of hours are needed for WTC/CTC via the self-employment, and have no employment contract (and hence no minimum wage issues) with the limited company (and so be treated as working zero hours for tax credit purposes). I suppose it would be possible to drop your self-employment hours to below the 16 you mentioned and put in an alternative claim (to a tax credit claim) for income support; but I don't know the ins and outs of income support, and you'd meed to check whether the income support people would treat the hours you work for your limited company (ie without an employment contract) as zero in the same way the tax credit system turns a blind eye.

    Good luck with your venture. You are right to set all this up in your favour before taking the plunge. I have a client coming on board this week whose "take home" pay as (someone else's) employee after deducting (not insubstantial) travelling expenses amount to about £1,200 out of £3,000 per month. Contracting through his own company or self employment can bump that up to well over £2,200 per month. It's just a matter of finding the right sized club to beat HMRC with.

    For anyone affected by NMW issues, I see on the main page of the BERR site www.berr.gov.uk an announcement of change to the way the NMW is enforced from 6 April. Broadly they're cracking down, with penalties for employers of 50% of the underpayment, up to £5k (per employee?)as well as an order to pay the enployees any shortfall. HMRC wages visits are to be the main vehicle for ensuring compliance. This country is going to the dogs!
     
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    Scotty71

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    Thanks. I'm going to investigate this further and I'll let you know the outcome. In essence if I pay myself nothing as a director of the company, I should fall within the income support limit as you don't have to work any hours to claim income support. Because of the mortgage interest payment this could be more beneficial for me than WTC / CTC. I don't particularly want to pay myself a salary as I need every penny to fund the business in the start up year.

    Let's see if income support people treat the hours worked for zero pay in the same way as the tax credit bods.
     
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    Wild Goose

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    Thanks. I'm going to investigate this further and I'll let you know the outcome. In essence if I pay myself nothing as a director of the company, I should fall within the income support limit as you don't have to work any hours to claim income support. Because of the mortgage interest payment this could be more beneficial for me than WTC / CTC. I don't particularly want to pay myself a salary as I need every penny to fund the business in the start up year.

    Let's see if income support people treat the hours worked for zero pay in the same way as the tax credit bods.


    Hi Scotty - I think you've hit it with that last sentence. I'm struggling to see how the Income Support people would ignore your working for a limited company that isn't dormant. I don't know much about Income Support, but have applied the following logic: I work for my limited company, have no employment contract, and so if I draw no salary and leave the profits in the company instead then does that mean I too can claim income support? How about... who shall we pick...say Sir Alan Sugar. He runs a largish company, draws no salary, leaves his millions of profit in the company - can he roll up at the benefits office in his Bentley to pick up his income support giro?

    I suspect it's a case of the government ignoring any hours you put in for your company when it suits them - when you make a WTC claim then it works in the government's favour to ignore the hours you put in (unless you have a contract of employment), in order to keep you under 16 hours work pw (*flag - see below) and make your claim ineligible; whereas in the case of income support it works in the government's favour to include every piece of work you do (whether under a contract or not, voluntarily, paid or unpaid) in order to get you above the 16 hours work per week threshold above which Income Support claims are scuppered.

    *flag - like everything this particular government do, these rules are badly thought out. The government think they are being clever by saying "for you to work 16 hours a week and claim WTC, you need a contract of employment to prove it" whilst knowing full well that, unless you know to put something like the 17 hours a month contract into place (see two paras on) you will trip yourself up on the minimum wage issue and face large fines further down the line. Most people will go for the 30 hour supplement, and fall headlong into Fat Gordon's minimum wage trap. Remember, the Inland Revenue will be out in force on this next year - see previous post and the BERR site. Fat Gordon needs to fine us all billions of pounds for speeding and not meeting minimum wage requirements so that he can lend more money to the banks!

    Hmm rant over. Circumvent Gordon's barbed wire for the unwary by taking up simultaneous self-employment (my previous post). That way you can work as many hours as the WTC form requires (ie 30 or more) as a self-employed person without contravening any minimum wage laws ie you will have no need of any employment contract with your limited company. For bonus points, pay yourself £100 per week, and lend it straight back to the company (see next section for why).

    Here's some more on the Tax Credits Route:
    Paying yourself a salary would work if you go the tax credits route: If you pass up claiming the 30 hour element, you have to work 16 hours for WTC you could have a contract of employment with your limited company to work 17 hours pw at say £6 and still steer clear of contravening the minimum wage rules. It would save your company a £1,000 a year in Corporation tax, as well as get your stamp paid.

    You don't have to keep the money you earn - you simply lend it back to the company each month. That way you build up a director's loan account pot, to draw on tax free one day (tax free because it's money you've earned tax free, paid yourself, and then loaned to the company. Ploughed back in, in other words, but the only tax effect is your company saves £1k a year in Corporation tax.

    Taking the WTC issue on a stage, if you wanted to go for the jackpot and claim the (£800 or so?) 30 hour element too, then I think simultaneous self-employment is the answer for meeting the hours worked requirement. Cost you £2 a week for a class 2 NI contribution. Try not to make more than a £1k profit each year from your "e-baying" self-employed business (because you can earn around £6k a year tax-free, and paying yourself circa £100 a week through your company, the benefits of which have been outlined above, would use £5k of that).

    Anyhow, all that's about the tax credit route. I don't know much about income support, and suspect you are one step ahead of me on this, but I'll ask anyhow: Given that Child Tax Credit (but not WTC) is paid whether you work or not, is CTC paid to top up income support? In other words, could you claim both CTC and income support at the same time, or does one preclude the other?

    footnote: anyone following this thread wanting to pay themselves circa £100 pw to save £1k a year in corporation tax and get their NI stamp paid for free (£5k a year of income is too little to affect a tax credit claim) then watch out for the limits. They're published at http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073790796

    Look under the 2008-09 table - and you need to pay yourself MORE than the £90 per week Lower Earnings limit (so don't pay yourself £90 a week - it has to be at least £90.01. And note the same for the monthly equivalent £390 per month - pay yourself just over that. £390 is insufficient. £391 is adequate). Where was I? Oh yes, more than £90 pw or £390 a month, and LESS than the Primary threshold Upper earnings limit £105 per week or £453 per month. (Keep it simple and pay say £450 a month - don't go right up to the wire).

    The 2009-10 tables are also published at that link - you have to review each yearl to see whether you need a rise in April to keep you within the thresholds. Those are between £95 pw and £110 pw for 2009-10.
     
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    Just be really careful, and check all your paperwork thoroughly - especially looking at the dates on things they send you vs what you send them. They are slow to respond.

    When we started out we had very little income, but even when we told the TCO as things improved, we feel they made mistakes and didn't alter our payments in an efficient way. They have admitted that our case was not handled as they would have liked, but still are insisting on repayment. We have repaid a lump sum, which grossed up is in excess of the total they paid us (we have to pay tax at 40% on the dividend that we withdrew to repay it, so we feel they have had the full amount), and they are still asking for more.

    When we told them our income was x+dividends, and to use this as a minimum the following year, they reverted to the base level for the award the following year as 'the dividend could vary' - yes, but we said that would be our minimum income, so why didn't they use it?? They told us at the end of one February that the award would stop completely due to our confirmed figures, and then started repaying in April because 'they can't take the dividend element into account' - why not keep it stopped - people soon shout when they need it!

    Also the first year my car went through the company, they added the BIK as 'other income' which we hadn't seen coming, so this added to the overpayment. BUT THEN, the following year when they had a slot on the form for BIK, they still included the car benefit from the previous year as an 'other income' figure, effectively adding >10K to our income.

    We have not now received any money from them for about 3 years and I am still arguing with them that they made mistakes and we shouldn't have to repay the rest.

    Tread carefully - and if they do overpay, invest it for when they ask for it back, don't use it to buy much needed equipment for the business, it is a far from tax efficient loan!
     
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    weebly_one

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    I was caught when tax credit first came in, as I got WTC as I just declared my salary, then after the year end I declared the dividends we had taken from our limited company (husband and wife both directors of our own company) and then had a huge overpayment due back to the tax office.

    Luckily this is being paid back as a deduction from the credits due every month rather than being demanded back as a lump sum, although we had an anxious 6 months when we realised our mistake and were waiting to see what they did. It has worked out to be a long term loan in the way they are taking back the overpayment.
     
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    Wild Goose

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    Reading your cautionary tale, Bear, makes me wonder why Scotty is bothering to trade through a limited company. Would a sole trader not fulfil all the other criteria?

    The nice thing about using a sole trader is that you can choose your own year end. This is useful given that businesses tend to make little or no profit in their first year. I'll demonstrate:

    Suppose Scotty started trading in April this year and prepared his first set of sole trader accounts to 31st March 2010. Let's assume profits below his £6k annual allowance ie his tax code, so no tax to pay. second year, that is the year ending 31st March 2011, he makes £20k profits.

    His tax credit claim for his first year 2009-10 should be based upon his 2008-09 earnings, although I imagine he could ask to be assessed on actual current earnings £6k pa; In his second year of tax credit claim, 2010-11, the award is based on his £6k profit from his previous trading year 2009-10 (so max, or near max, award), and the £25k uplift rule saves him from repaying anything. But in his third year of tax credit claim, 2011-12, he won't get quite so much because he's earned £20k the previous year (2010-11). Separately, he has to pay tax in 2012 on the £20k profit.

    The trick is to choose a 30th April year end to extend the low profit years thus:

    Year 1 claim 2009-10 is as above, ie based on previous year's earnings, but could ask to be assessed on current earnings £6k pa.
    Year 2 claim 2010-11 is (roughly) based on the first year profits £6k. so a max or near max award as before.
    Year 3 claim 2011-12 also based (roughly) based on the first year profits £6k, so again a max or near max award. The £25k uplift rule saves him from repaying anything.
    Year 4 claim 2012-13 based upon a/c's to 30th April 2011 ie £20k

    What we've achieved by having a 30th April year end rather than the standard 31st March or 5th April year end is to squeeze an extra full year's tax credits claim out in 2011-12. As a bonus, payment of the first income tax, due on the £20k profits, is postponed a year until 2013.

    Remember, this workaround is for a sole-trader (or a standard partnership) but not a limited company. And the profit figures are made up (although the principles hold true provided your profits are increasing).

    Most of all, a sole trader or partnership would avoid the hassles over divs and the matters raised by poor Pooh bear above. And you could always switch to a limited company when the well runs dry of sole trader attractions.
     
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    Cromulent

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    That's a new one on me. I wonder whether with income support you would fall into the same "Catch 22" as with WTC/CTC as has been outlined in this thread? (In short, that in order to work x number of hours per week, one needs an employment contract, whereupon you wearing your director's hat become liable to prosecution for failure to pay the company's employees [ie yourself] the National minimum wage).

    I was under the impression directors were exempt from minimum wage?
     
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    M

    Mattonella Tile Studio

    Wild Goose - the ebay trader route is being clamped down upon by HMRC. Recently received a letter saying they wanted to 'discuss' my claim of self employment due to the low level of income being declared, and to see if I was genuinely in business.

    As an aside I rang them up as they had a figure of 4k down as declared income. I asked them to confirm the details and they already knew that declared was much higher than 4k. They couldn't explain why the letter had gone out. So, bless them, they're clamping down but haven't quite got it right.
     
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    Wild Goose

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    They've not been dealt a very strong hand - if you or I say to them "I am an ebay trader" or "I buy and sell at car boot sales" and ask whether we should be registered to pay tax, they're bound to say yes, that we should be registered as self-employed.

    Anyway, not only are they bound to say "Yes, you must pay tax on that activity" but it is in their nature to do so anyhow; it's how they're programmed. I like the old chestnut of the guy who kept rabbits, and wrote to his local tax inspector to declare that he occasionally sold the offspring, and should he pay tax on that? "Of course," said the Inspector, "that's a taxable activity". So the guy duly registered as self employed, and eventually mailed in his first accounts showing a small loss - the price of straw, vet bills, feed, re-roofing his hutches etc etc outweighed the couple of quid he'd received for selling the odd bunny or two. As anyone who has kept them will know, rabbits can be an expensive hobby. Anyhow, our hero put in a claim for the loss from his rabbits to be offset against his employment income for the year, and duly received a tax rebate.
     
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    Wild Goose

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    I was under the impression directors were exempt from minimum wage?

    They can be if they steer clear of employment contracts.

    The catch 22 is that in order to substantiate their claims for tax credit awards, they are often asked to produce a contract of employment. Many fall into the trap of awarding themselves a 30 hours plus a week employment contract at below the minimum wage rate. You have to pay yourself £5.73 an hour minimum, so there's scope for the forewarned to take up an employment contract from their limited company for say 17 hrs per week @ £6hr (given that the employment threshold for tax credits is 16 hrs pw). The trick is to keep salary to around £100 pw as neither tax nor NI is payable, the tax credit claim is not affectd by £5k pa of wages, and the limited company itself gets to save tax on the £5k pa wages - worth around £1k pa corporation tax saved.

    Aside from the minimum wage trap above, the thread's centered on whether topping up that £100pw wage with dividends would affect the claim - evidently it does.

    The workaround to meet the 16 and/or 30 hours pw worked requirement is, it would seem, to take up simultaneous self-employment as an e-bay trader / car booter / pet rabbit breeder. Or even to just ditch the idea of a limited company and take up self-employment for your venture full stop.
     
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    Mattonella Tile Studio

    Sorry, I've just reread my post and didn't make it clear what I meant. My bad.

    HMRC were quite happy that I was self employed for tax purposes when they had the incorrect figure. But the Tax Credit department weren't happy for paying tax credits when using the same incorrect figure.

    I feel it's a left hand/right hand situation. Left hand will happily take any tax from earnings. Right hand can at the same time say it's not sufficient business activity to warrant tax credits.
     
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    Yes they are looking at claims from people on very low income.

    I have a client who does not receive a salary from his Ltd Co (because he has a pension from the armed forces) but he does get dividends. He and his wife run a business together and she get a small salary plus dividends. They have recently written to him about his claim, but from checking the figures I provided for last year, The income was low due to S/E ceasing, and they are asking if it was being run on a "commercial basis".
     
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