The Accountancy Office

Are your dividends legal?

We’ve appointed new clients recently who had no idea of the legal requirements when paying dividends.

It’s also quite shocking that they’ve received little or no advice on this subject from their previous accountants. It’s another classic example of those believing that limited companies are only about saving tax.

It is essential that you have accurate and up to date information on the financial performance of your company before making dividend payments. Monthly or quarterly management accounts will be invaluable for this purpose and will ensure that any dividend payments are made legally.

A dividend may be ‘illegal’, in that it is contrary to Company Law, when the proper procedures are not followed. If the Taxman examines the paperwork and decides the payment from your company was not a legal dividend he may treat the amount paid as a loan, or even as a bonus payment.

In both cases additional tax may be due from the company and sometimes from you.

To pay a legal dividend it is not sufficient just to write ‘dividend’ on the cheque stub or against the entry in director’s loan account.

We recommend following these steps when paying dividends…

  1. The directors should first review the profits available for interim dividends. This is not the same thing as cash in the bank, as you have to take account of other assets and liabilities. Those deliberations should be recorded as a formal board minute, so if the Taxman ever asks, you can prove the profits were there when the decision to pay an interim dividend was made.
  2. If the final accounts for the year are complete and show the accumulated profit and loss account is positive, the directors can recommend that the profits, which are not required for investment, can be paid out as a final dividend to the shareholders. The shareholders can either accept the directors’ recommendation or suggest a lower figure of dividend. Both these decisions also need to be properly recorded at the time they are made.
  3. Dividend vouchers need to be prepared when either a final or interim dividend is paid, for each shareholder showing the total due, the tax credit attached to the dividend and the date of payment.
  4. The dividend should be paid. The cash can be transferred from the company’s bank account by bank transfer into the shareholder’s own bank account. If the shareholder is a director his account in the company books may be credited with the dividend due to him or her, but this needs to be done as soon as possible after the decision to pay a dividend is taken.

We can help you with all this paperwork, but it is important that the decision to pay a dividend is made in advance of any payment being paid out of the company.

New Business Starting Up? Check out our Check List!

This checklist is for general guidance only. It considers key issues involved in starting up a new business but please seek advice tailored to your own circumstances.

 

  1. Check out what guidance and resources are available for new businesses.For example, https://www.gov.uk/business-support-helpline
  2. Decide on the business structure – sole trader, partnership or limited company
  3. Research a business name and make sure it’s available to use
  4. Research your business idea – does anyone want your services? Check out the competition. What’s your USP?
  5. Where are you going to operate your business from? Home or premises based and what are the costs?
  6. Prepare a business plan – include the business objectives, strategies, it’s market and financial forecasts. Seek help with this if you’re unsure where to start.
  7. How much money do you require to set up? Decide how you are going to finance your start-up business. Bank loan? Grants?
  8. Write a marketing plan. How are you going to target your potential customers and win business?
  9. Ask friends and family for help. Get independent feedback on your business plan as others can often see things that aren’t obvious to you.
  10. Speak to others who have set up their own business and learn from their experiences. A business mentor can be invaluable!
  11. Seek professional legal advice – do you need formal documents such as shareholder agreements, trademark registrations or terms and conditions for your customers? If you’re going to employee staff, make sure you’re up to speed on employment regulations such as national minimum wage, sick pay and holiday pay. Employees will also need an employment contract.
  12. Seek professional accountancy advice – do you need advice on bookkeeping and tax? Do you need to register for VAT? You will also need to run a payroll if employing staff. Get some early tax planning advice as well!
  13. Select and open a business bank account. Key things to consider are transaction and borrowing costs, facilities offered and the type of relationship you want from a bank.
  14. Arrange the necessary insurances for your business such as public liability and business property.
  15. Make sure you register with the necessary authorities which are relevant to your business and obtain the relevant licences.This may include data protection and professional or trade bodies.
  16. Put your IT and business telephone line into place.
  17. Organise your website and email address.
  18. Order your business stationery such as business cards.
  19. Start trading and enjoy!
  20. Review your business plan regularly to make sure the business is meeting the initial aims and objectives.

Employing Students in the Summer Holidays

The summer holidays often bring a few familiar challenges — juggling workloads, family time and maybe even the odd “I’m bored” from your teenager. If you run your own business, you might have wondered… Can I pay my child to help out during the summer break? If you run your own business, you might have wondered… Can I pay my child to help out during the summer break?

The short answer is yes — but only within specific rules.

Let’s break down exactly what you need to know if you’re thinking of employing your school-age child over the holidays — whether it’s for admin support, deliveries, cleaning the office, or helping with your socials.

What’s Allowed?

Children aged 13 and over can be employed part-time — including during school holidays — but not before they reach 13.

Your local council sets the detailed rules (and issues permits), but the general framework is governed by the Children and Young Persons Act 1933.

You must apply for a child employment permit from your council before they start work. No exceptions. This applies even if it’s your own child.

Summer Holiday Working Hours

There are strict limits on how many hours they can work, even during the school holidays:

Age 13-14 – Maximum hours per day (Mon-Sat) 5 hours. Maximum hours on a Sunday, 2 hours. Maximum weekly hours, 25 hours.

Age 15-16 – Maximum hours per day (Mon-Sat) 8 hours. Maximum hours on a Sunday, 2 hours. Maximum weekly hours, 35 hours.

Important: They must also have at least 2 full weeks off during the summer holidays – a rest period that must be uninterrupted.

What Work Can They Do?

Children must not be exposed to risk, and certain types of work are banned. These include:

  • Commercial kitchens or food preparation in restaurants

  • Industrial sites, construction, or warehouses

  • Work involving chemicals, dangerous tools or machinery

  • Collecting money or selling door-to-door

  • Anything with adult content, gambling or alcohol

For most business owners, simple admin, stock checking, filing, packaging, content scheduling, or tidying workspaces can be appropriate — but you must carry out a risk assessment and be sure the environment is safe and age-appropriate.

Wages, Tax and Payroll

You’re allowed to pay your child a wage, but let’s get real: this isn’t a tax dodge, and HMRC will expect it to be reasonable, justifiable, and clearly documented.

  • Children under 16 are not entitled to the National Minimum Wage, and usually don’t trigger PAYE or NIC obligations.

  • Once they hit 16, they must be paid at least the NMW (£5.28/hour in 2025–26), and payroll, PAYE and NI rules apply.

  • Regardless of age, they must be added to your payroll system and receive payslips.

  • You cannot pay them cash-in-hand or fudge the hours. HMRC doesn’t care if you’re related — they want records.

Tax Tip: Wages paid to your child can be tax-deductible for your business if the work is real, the amount paid is commercially reasonable, and you keep records of hours worked and tasks completed.

Insurance, Risk, and Admin

Before they start:

  • Apply for a work permit from your local council (you’ll need their school’s consent too).

  • Complete a risk assessment.

  • Check your employer’s liability insurance covers employees under 18.

  • Make sure they’re properly supervised, trained and understand their tasks.

  • Keep everything documented — hours, pay, tasks, permissions.

Can You Employ Your Own Child?

Yes — but it’s a red flag for HMRC if it’s not done by the book. You must treat them exactly as you would any other employee:

  • No overpayment

  • No made-up hours

  • Clear duties

  • Real supervision

  • Proper records

That also means paying them through payroll, not in cash or gifts.

Golden rule: “Wholly and exclusively for the purposes of the business.” If HMRC sees it as personal, not business, they’ll disallow the expense.

Final Thoughts

Having your child help out during the summer holidays can be a brilliant way to teach them the value of work — and yes, reduce your tax bill if done properly. But this isn’t something to fudge.

Whether it’s your child or someone else’s, the rules around employing school-age children are strict for good reason — and the consequences for getting it wrong aren’t worth the shortcut.

Students must be paid at the appropriate minimum wage for their age which can be found on the Gov.uk website.

If you want to explore this properly — or need help setting it up correctly — get in touch. We’ll help you do it the right way, with no surprises down the line.

Briefly….your Director responsibilities

Your responsibilities as Director…

The Companies Act 2006 confirms existing case law and requires company directors to act in a way which is most likely to promote the success of the business and benefit its shareholders.

Company Directors are responsible for the management of their companies. Shareholders own limited companies but they don’t run them – that job is given to the directors. All limited companies must have at least one director and a company secretary is no longer required.

The company is a separate legal entity from its directors, shareholders and employees. The best interests of the company are not always the same as the best interests of the shareholders. You must consider the interests of other stakeholders such as creditors and employees and the long-term prospects of the company and its reputation.

As a director, you must exercise a degree of skill and care by showing the skill expected of a person with your knowledge and experience and act as a reasonable person would do looking after their own business.

You must act in good faith in the interests of the company as a whole. This includes:

  • treating all shareholders equally
  • avoiding conflicts of interest
  • declaring any conflicts of interest
  • not making personal profits at the company’s expense
  • not accepting benefits from third parties

You must obey the law:

  • company law requires you to produce proper accounts and send various documents to Companies House
  • other laws include areas such as health and safety, employment law and tax
  • you may be responsible for the actions of company employees

Directors’ powers and financial liabilities

The company’s Articles of Association limit what directors can do. Although they usually give you a great deal of freedom, you must check them. Some people are debarred from becoming directors which includes people who have been disqualified by a court from being a director and undischarged bankrupts.

You will be guilty of wrongful (or even fraudulent) trading if you allow the business to carry on, and incur debts, when you know there is no reasonable prospect of the company repaying them. If you do, you could be held personally liable for the company’s debts if it subsequently becomes insolvent. The fact that the company is making losses does not in itself mean that the company is trading wrongfully. However, if there is no reasonable prospect of moving into profit, and there are doubts about whether the company assets will cover its liabilities or whether it can repay its debts, the company is probably trading wrongfully.

Finally..

You must ensure that all the company’s business stationery carries its name, registered number, country of registration and registered address. These details must also appear on your company website, emails and order forms.

Exercise your directors’ responsibilities carefully and if in doubt, take professional advice. Acting improperly can lead to fines, disqualification from being a director and personal liability for the company’s debts or a criminal conviction.

Don’t forget capital allowances!

The tax man may be more generous than you think! If you’re a sole trader, partnership or limited company you can claim a tax allowance known as a capital allowance.

When you buy items of equipment and tools for your business, typically items that will be utilised over a period of time, you cannot claim them as a business expense in your accounts. However, you may be able to claim capital allowances. These items are usually regarded as business assets and may include computer equipment, machinery, furniture and even vans and cars. There are various forms of capital allowances and the rates available will vary depending on the specific items of expenditure and dates of purchase.

Your business accounts will typically only cover a 12 month period and assets of the business will be used for a longer period so they need to be treated differently. The tax man allows you claim ‘capital allowances’ for these items which allows you to deduct a proportion of the cost from your taxable profits and reduce your tax bill. Adjustments for personal use of any asset is usually required.

The most useful capital allowance for small businesses is the ‘Annual Investment Allowance’ (AIA) which enables most businesses to claim 100% of the cost of assets against tax, up to an annual limit of expenditure of £200,000. This limit will be reduced to £25,000 from April 2012 so it’s wise to plan ahead carefully when considering new investment. Cars are excluded from the AIA.

Having just saved a new client a significant amount of tax utilising capital allowances not previously claimed, it is important that these allowances are considered and utilised wherever possible. Always consult your accountant for professional advice.

Tax Efficient Profit Extraction

As a company owner you can choose how to extract the profits from your company, and by making the right choices you can minimise the tax and NI paid by you and the company.

The Taxman would like you to take all the profits in the form of a salary and possibly a bonus, as these carry the highest National Insurance charges and ensure the tax is deducted under PAYE before you get your hands on the net income. It is good practice to pay yourself at least a small salary that is covered by your personal allowance (£11,850 for 2018/19) as this makes the best use of your tax free allowances. However, the maximum salary you can take so that neither you nor the company pay NICs is £8,424 in 2018/19, as the threshold for NICs is lower than the tax free threshold. You will still receive NI contribution credits without actually paying NI.

Most company owners extract any further amount they need in the form of dividends. You can receive £2,000 of dividends tax free in 2018/19. Any dividends over £2,000 will be taxed at the following rates:

  • Dividends falling within the basic tax rate – 7.5% (£34,500)
  • Dividends falling with the higher tax rate – 32.5% (over £46,350 from April 2018)
  • Dividends falling with the additional rate of tax – 38.1% (income over £150,000 meaning restrictions on your personal allowance)

NI is not paid on dividends.

You can also charge a rent for assets you own which the company uses (although this could affect the availability of entrepreneurs’ relief on a sale of that asset). These assets could be real property (land) or intellectual property (e.g. patents). If you lend funds to the company it can pay you a commercial rate of interest on that loan. These profit extraction methods are free of NI charges.

We can discuss other methods of extracting profits, perhaps using your family members. Please contact us for specific advice in your own circumstances.

Do I have to register for VAT?

There is a myth that every legitimate business is required to be VAT registered. This is not the case.

 

Your business (as a sole-trader, partnership or company) does not have to become VAT registered until the total sales for 12 consecutive months exceeds £85,000. However, this total does apply to all the businesses you run and you can’t artificially divide your businesses to avoid registering for VAT.

 

Once your business is VAT registered you must charge VAT at the appropriate rate (normally 20%) on your sales. You also have to submit regular VAT returns, either quarterly or monthly, which means you need to keep your records of sales and purchases up to date.

 

If this all sounds a bit too much to cope with there are a number of schemes you can sign up to which are designed to make VAT reporting much easier for small businesses. We’ll talk about three of the most commonly used schemes for now:

 

Standard Accounting. Using standard VAT accounting, you must complete four VAT Returns each year. Any VAT due is payable quarterly and any VAT refunds due to you are also repayable quarterly. You pay VAT on your sales whether or not your customer has paid you.

Cash Accounting Scheme. Using this scheme you pay VAT on your sales when your customers pay you and you reclaim VAT on your purchases when you have paid your supplier. This scheme can offer you cash flow advantages and is useful if there is often a delay between the time that you issue VAT invoices to your customers and when you actually receive payment from them.

Flat Rate Scheme. When you use this scheme you don’t have to worry about your purchases. You just have to total-up your sales each quarter and pay over a flat percentage as VAT to the Taxman. From April 2017, the Government introduced a new 16.5% flat rate VAT scheme that many ‘labour-only’ businesses, such as contractors, have to move to. This increased the rate at which VAT is paid under the Flat Rate scheme for many businesses, which means you need to review your VAT status. Ask your accountant if this scheme is still beneficial for you.

 

Some people prefer to keep their total sales below the compulsory VAT registration threshold, so they don’t have to charge VAT and submit VAT returns. They do this by turning down work that would take them over the VAT threshold. This is not illegal, but HMRC may be suspicious of businesses who manage their sales in this way. If you use this strategy to avoid VAT registration, you need to be able to prove all your sales are correctly recorded and declared.

Student Loan Notices

As an employer you are required to collect repayments of student loans your employees took out through the Student Loan Company (SLC) while they were studying, during years after September 1998.

You are told to start making SLC deductions by a SL1 notice from HMRC. You should work out the correct figure of employee earnings on which Student Loan deductions are due. The figure to use is the same gross pay amount that you would use to calculate your employer’s secondary Class 1 National Insurance contributions (NICs).

Start making Student Loan deductions from the next available payday using the correct plan type, which you will select from a dropdown box on your HM Revenue and Customs (HMRC) submission, if any of the following apply:

  • your new employee’s P45 shows deductions should continue – ask your employee to confirm their plan type
  • your new employee tells you they’re repaying a Student Loan – ask your employee to confirm their plan type
  • your new employee fills in a starter checklist showing they have a Student Loan – the checklist should tell you which plan type to use
  • HMRC sends you form SL1 ‘Start Notice’ – this will tell you which plan type to use
  • you receive a Generic Notification Service student loan reminder – ask your employee to confirm their plan type

Plan types and thresholds

With effect from April 2018, the thresholds for making Student Loan deductions are:

  • Plan 1 – £18,330 annually (£1527.50 a month or £352.50 a week)
  • Plan 2 – £25,000 annually (£2083.33 a month or £480.76 a week)

Stopping Student Loan deductions

Stop making Student Loans deductions when you receive a SL2 ‘Stop Notice’ from HMRC and from the first available payday after the deduction stop date shown on the notice. The ‘first available payday’ is the first payday on which it’s practical to apply that notice.

Self Employed

If you have a SLC loan yourself and are self-employed, the SLC loan repayments should be collected through your annual self-assessed tax bill.

If your self-employed profits are less than £18,330 per year, you are not required to make any SLC repayments. This also applies if your salary is under £18,330 or you have a number of jobs from which you earn under that threshold in each.

Companies House Confirmation Statement…what is it?

Many of our limited company clients find it difficult to understand all of the stautory filings that are required when running a limited company, it can be quite confusing! We’re here to help and will always remind our clients in advance of any impending reporting deadlines with polite reminders!

These are the essential aspects that a limited company typically needs to worry about:

  • Annual statutory accounts
  • Annual corporation tax return
  • Payroll for Director/s
  • Workplace Auto Enrolment
  • VAT returns (if VAT registered)
  • Self Assessment Tax Return for the Director/s
  • Confirmation Statement

There is a large amount of red tape involved when running a limited company but it is important to remember that the Confirmation Statement is a separate document to the annual company accounts.

So what is the Confirmation Statement?
The Confirmation Statement is “a snapshot of general information about the company’s directors, secretary (where one has been appointed), registered office address, shareholders and share capital”. Every company in the UK must submit an Confirmation Statement to Companies House detailing any legal changes that have occurred within the company over the previous twelve months usually from the date of the anniversary of the company.

If you don’t know when the company Confirmation Statement is due you can check this on the Companies House website.

The easiest and cheapest way to complete the Confirmation Statement is to use the WebFiling service via the Companies House website. The associated filing fee is £13. To use WebFiling you must first register for two codes:

  • A Security Code (sent by email and linked to your email address)
  • An Authentication Code (posted to the registered office address).

The Director/s or secretary of the company are personally liable to deliver the completed Confirmation Statement form to Companies House on time. If not filed on time, late filing penalty payments may apply.

What is a VAT Receipt?

If you’re VAT registered you will no doubt have been advised by your accountant to always obtain a VAT receipt (or invoice) from your suppliers. Many of our clients provide us with what they believe to be VAT receipts but in actual fact they’re not. So….

What is a VAT receipt and why do you need it?

A VAT receipt will be provided by VAT registered suppliers to you, the customer. It will show details of the sale including the tax date, the suppliers VAT registration number and the amount paid for the goods or services. Most importantly, it will show the amount of VAT that the supplier has charged to you (if applicable). A VAT receipt can be in either paper or electronic format.

Delivery notes, letters or email correspondence are not valid VAT receipts and you cannot reclaim VAT using these documents.

To reclaim VAT on the purchases that you’ve acquired for your business you need to have a valid VAT receipt (or VAT invoice) as proof of the purchase and that you’ve paid VAT on that purchase. If you don’t have a valid VAT receipt you cannot reclaim the VAT.

What should the VAT receipt show?

A valid VAT receipt should include all of the following details:

  • A unique invoice number
  • The seller’s name or trading name and address
  • The seller’s VAT registration number
  • The invoice date
  • The tax date (the date of supply which is also known as tax point – if different from the invoice date)
  • Your name or trading name and address (i.e. the customer)
  • A description of the goods or services supplied to you

Simplified VAT receipts

VAT receipts with all of the above detail are not always necessary. Retailers can issue less detailed invoices for sales under £250 (including VAT) and are not required to issue an invoice unless the customer requests it. These need only show:
  • The seller’s name and address
  • The seller’s VAT registration number
  • The date of supply (tax point)
  • A description of the goods or services supplied
If the sale includes items at different VAT rates then for each different VAT rate the  simplified VAT receipt must also show:
  •  The total price including VAT
  •  The VAT rate applicable to the item
For example, if you buy an electrical item from Tesco for your business (such as a new computer) the price you pay will include VAT at the standard rate (20%). If you also buy postage stamps for your business whilst you’re in the store, these won’t include VAT because they’re exempt from VAT. As the sale includes items at different VAT rates, the VAT receipt must show the different rates.

Modified VAT Invoices

Retails who provide goods or services for more than £250 including VAT may issue “modifield invoices” if their customer is in agreement. This will show the VAT inclusive amounts (rather than the VAT exclusive values) for each standard rate or reduced rate item. At the foot of the invoice, it must show separately the total:

  • VAT payable on those items
  • Value of those items excluding VAT
  • Value of any zero rated items included on the invoice
  • Value of any exempt items included on the invoice

Electronic Invoices

You can issue, receive and store your VAT invoices in electronic format. You don’t need to tell HMRC if you plan to issue, receive and/or store invoices electronically.

Financial Penalties

A VAT You may be liable to a financial penalty if you do not issue a VAT invoice when asked to do so by a VAT registered person.

Let’s Chat!

Got a VAT receipt question? Give our award winning accountants in Evesham a call on 01386 366741 or send us a message and we’ll be happy to help.