Should I Register a Limited Company, or Stay as a Sole Trader?
I was asked again this month to do a presentation for the Acting Out Drama school in Edinburgh for the final year students on what is the best way to trade; as a limited company or as a sole trader.
I thought it might be useful to show the differences in a table format.
This table is only a summary, and you should read and consider the facts on the Government Gateway or consult with an expert before making a final decision.
Description |
Sole Trader |
Limited Company |
Legal entity |
All Income less expenses = Profits are
taxed in self-assessment. Sole trader and individual are the same thing |
Separate entity and separate accounts
from directors and shareholders. Separate legal entity. Best way to separate
the business from the individual. |
Tax returns and documents to prepare |
Prepare a self-assessment &
profit and loss statement – submit to HMRC |
Financial statements &
Corporation tax return submit to Companies House and HMRC |
Accounting versus Cash |
Cash is not equal to net profit |
Cash is not equal to net profit |
Salary and Drawings |
Salary taken is not a tax-deductible
expense |
Salary taken (PAYE) is expense |
Timeline |
Only file once a year and that is a
self-assessment – deadline is January. Prepayment is due in July based on
the previous year’s tax liability divided in half. |
Must file financials to Companies
House & file a corporation tax return to HMRC and a confirmation
statement depending on registration date of company. Deadlines – 9 months after year end |
How to register? |
Easy to register – phone HMRC and
register as sole trader and get a UTR |
Register at Companies house a company
and need to file confirmation statements yearly. |
Income earned |
Income belongs to the sole trader,
and it is the sole trader’s responsibility to account for the business
properly and make sure the deductible expenses are accounted for. HMRC will
take the money received as income and tax that if the taxpayer does not
prove/show expenses |
The income belongs to the entity.
Directors are responsible for the running of the business and have a
fiduciary duty to run the company properly in terms of the companies
act. |
Tax deductible expenses |
Tax deductible expenses:
|
Tax deductible expenses:
|
Accounting Package |
Accounting Packages – Wave,
QuickBooks, Xero etc Nice to have - Hubdocs |
Accounting Packages – Wave,
QuickBooks, Xero etc Nice to have - Hubdocs |
VAT Registration |
Only need to register for VAT when
you exceed £85 000 turnover i.e. income. Consider flat rate scheme – easier to
administrate |
Only need to register for VAT when
over £85000 turnover i.e. income. Consider flat rate scheme – easier to
administrate |
Bank Account |
Good to have a separate bank account
for business purposes |
Must have a separate bank account for
business purposes |
Naming |
Sole trader alone |
Director and Shareholder |
Other taxes HMRC liabilities |
Class 2 National Insurance if your
profits are £6,515 (£3.05 a week) or
more a year. Class 4 National Insurance if your
profits are £9,569 or more a year (9% on profits between £9,5569
and £50,270 2% on profits over £50,270) Self-employed
National Insurance rates - GOV.UK (www.gov.uk) |
Dividend tax 7.5% on Basic Rate 32.5% on Higher Rate 38.1% on Additional Rate (This is going up from April 2022) |
Personal allowance or tax-free
portions |
£12 570 personal allowance |
First £2000 dividends are tax free in
your personal capacity (but remember you would have already paid corporation
tax). |
Tax Rate |
Starter tax rate – 19% Basic Rate – 20% Goes up to 46% |
Corporation tax rate at 19%.
Dividends are taxed separately – after corporation tax is paid |
CGT |
Capital Gains Tax applicable at
10%/20% on other assets or/and 18%/28% on property. You will receive a CGT allowance of
£12 300 per year Get a private home exemption when
sold. Can get Entrepreneurs relief when
sale of more than 5% of shares in a business |
No Capital Gains Tax. All assets sold are included in the
Corporation tax return. Normal costs that qualify for tax
deductions are allowed. No private home exemption. |