CAP2 Taxation NI - Session 11 - Questions and Solutions

Question 1: Moorhead Electronics Limited – Extracting Cash

  • Scenario: Mary and Michael Moorhead run Moorhead Electronics Limited as a trading company in the UK.

  • Mary's Concern: Unsure how to extract cash effectively as remuneration, considering tax implications of salary vs. dividends.

Tax Implications of Salary:

  • Income Tax: Payable at rates up to 45%.

  • National Insurance (NIC):

    • Employee: Class 1 Primary NIC at 8% (drops to 2% above upper earnings limit).

    • Employer: Class 1 Secondary NIC at 13.8%.

  • Company Benefit: Total salary cost (including employer's NIC) is a tax-deductible expense.

Tax Implications of Dividends:

  • Dividend Allowance: The first £500 of dividend income is tax-free.

  • Income Tax Rates:

    • Additional rate taxpayers: 39.35%.

    • Higher rate taxpayers: 33.75%.

    • Basic rate taxpayers: 8.75%.

  • National Insurance: No NIC payable by employee or company.

  • Company Drawback: Dividends are not tax-deductible for corporation tax.

Non-Tax Factors to Consider:

  • Employment contracts.

  • Minimum/living wage laws.

  • Impact on pension relevant earnings.

  • Social security benefits protection (e.g., State Pension).

  • Company's distributable reserves sufficiency for dividend payments.

Question 2: Investment Company - Corporation Tax Liability

  • Accounting Period: 12 months ended 31 March 2025.

Income:

  • Rental income from unfurnished lettings: £270,200

  • Bank deposit interest receivable: £2,600

Expenses:

  • Repairs and insurance of let property: £5,600

  • Audit fee: £2,000

  • Directors’ fees, salaries, rent of office, capital allowances on office equipment, stationery, telephone: £150,600 (1/3 for property management, 2/3 for company management)

  • Chargeable gain on investment property (after indexation allowance): £60,000

  • Debenture interest paid: £2,000 (Debenture interest payable during the year: £2,400)

Corporation Tax Calculation:

  • Property income: £214,400

  • Surplus non-trade loan relationship credits: £200

  • Chargeable gain: £60,000

  • Total profits: £274,600

  • Less: management expenses: £102,400

  • Taxable total profits: £172,200

  • Corporation tax @ 25%: £43,050

Surplus Management Expenses:

  • Excess expenses can be carried forward indefinitely.

  • Can be surrendered as group relief.

Notes on Calculation:

  • Property Income: £270,200 (Rental income) - £5,600 (Repairs) - £50,200 (Management) = £214,400

  • Surplus Non-Trade Loan Relationship Credits: £2,600 (Bank interest) - £2,400 (Debenture interest) = £200

  • Management Expenses: £100,400 (Director’s fees etc.) + £2,000 (Audit fees) = £102,400

  • Corporation tax is payable at 25% because the augmented profits of £172,200 exceed the upper limit of £125,000 (£250,000/2).

Question 3: Williams Investments Limited – Taxable Total Profits

  • Company Type: Investment company (not a close investment holding company).

  • Accounting Period: 12 months ended 31 March 2025.

Income:

  • Rental income: £528,000

  • Interest income on bank deposits: £19,400

Expenditure:

  • Accountancy fees: £2,800

  • Director’s remuneration: £15,000

  • Property maintenance fees: £22,900

  • Travel expenses: £4,200 (appraising new investment opportunities)

  • Interest payable on loan to purchase rental properties: £7,800

Share Disposal:

  • Sold 15% shareholding in an unquoted investment company for £275,000.

  • Shares cost £98,000 in 2018.

Brought Forward:

  • Management expenses of £18,725 at 1 April 2024.

Taxable Total Profits (TTP) Calculation:

  • Taxable Total Profits: £652,975

Notes on Calculation:

  • Property Income: £528,000 (Rental income) - £22,900 (Property maintenance fees) = £505,100

  • Non-Trade Loan Relationships: £19,400 (Interest income) - £7,800 (Interest payable) = £11,600

  • Chargeable Gain: £275,000 (Share disposal proceeds) - £98,000 (Base cost) = £177,000. Substantial shareholdings exemption not available as the company being sold is an investment company.

  • Management Expenses: £2,800 (Accountancy fees) + £15,000 (Director’s remuneration) + £4,200 (Travel expenses) = £22,000. All expenses are related to managing investments.

  • Surplus management expenses from 2024 (£18,725) are carried forward and fully deductible.

Question 4: Close Company – Salary vs. Dividend

  • Scenario: Close company with a single shareholder/director.

  • Salary: £5,000 per month.

  • Additional Withdrawal: £20,000 on 31 March 2025.

  • Options:

    • Extra salary payment: includes secondary NICs to equal £20,000.

    • Dividend payment: includes extra corporation tax (compared to salary) to equal £20,000.

Assumptions:

  • Owner has no other income.

  • Dividend allowance already used.

  • Company pays corporation tax at the small profits rate.

Option 1: Salary

  • Payments made by company: Secondary class 1 NICs @ 13.8%: £2,425

  • Salary (balance): £17,575

  • Tax and NIC payable: Primary class 1 NICs @ 2%: £352, Income tax on salary @ 40%: £7,030

  • Secondary class 1 NICs: £2,425, Corporation tax: £3,800

  • Total tax payable: £9,807

  • Disposable income: Gross salary: £17,575, Income tax and primary Class 1 NICs: (£7,382)

Option 2: Dividend

  • Additional corporation tax: £3,800

  • Dividend: £16,200

  • Income tax on dividend @ 33.75%: £5,468

  • Corporation tax: £3,800

  • Total tax payable: £9,268

  • Disposable income: Dividend: £16,200, Income tax: (£5,468)

Analysis

  • The payment of a dividend to the owner is more tax-efficient than the payment of extra salary.

Question 5: Director's Disposable Income – Salary vs. Dividend Mix

  • Scenario: M is the only shareholder/director of a company.

  • Taxable Profit: £38,000 before remuneration.

  • Options:

    • Pay out entirely as salary.

    • Pay a mix: £9,100 salary (no employer NIC) and the remainder as a dividend.

Assumptions:

  • This is M's only income.

  • Dividend allowance already used.

Option 1: Salary

*Tax and NIC payable: Income tax @ £34,495- £12,570 x 20%: £4,385
Primary class 1 NICs @ £34,495 - £12,570 x 8%: £1,754
secondary class 1 NICs £38,000 - £9,100 x 13.8%: £3,505
Dispossable income with tax:
£34,495 - £6,139= £28,356

Option 2: Dividend

Less: £23,409 x 8.75%: £2,048
Corporation tax at: £ 28,900 8.75 %
Disposable income with tax:
9,100
Dividends;£23,409
23,409-£1,754= £21,655
Final disposable Income £30,755

Analysis

The payment mainly of a dividend plus minimum salary to the owner is more tax-efficient than the payment of a full extra salary..