Tax on profit – how much does a business pay? You may recall that earlier in the year, The Café had an article on the rise in the standard rate of VAT from 17.5% to 20% which occurred on 4th of January. VAT is an indirect tax i.e. it is not a direct deduction from profits and is only paid when an item is bought. Basically, any business with a turnover of £68,000 or more a year has to register with Her Majesty’s Revenue and Customs (HMRC - “the taxman”). All VAT registered businesses must pass on the VAT they charge their customers to HMRC. They can also claim VAT back from certain goods and services that they have used (e.g. fuel expenses for transporting goods around) and set that against what they owe to HRMC themselves. Of course, all businesses have to pay taxes on profits as well as VAT, and this article is about direct taxation; the corporation tax or income tax, which is taken directly from a business’ profits. Let us take an obvious but sometimes overlooked fact first; corporation tax is levied (charged) on profit not revenue. A business might sell £100m worth of goods but it would hardly be fair to tax it on that amount if it had costs of £99.9m! Corporation tax is therefore levied on profit and HRMC has rules as to what can be claimed as a cost. Wages, raw materials, and interest payments might seem obvious enough but what about the purchase of new machinery? Or claiming an amount to replace machinery that has worn out or become obsolete? This is not so straightforward and that is why companies normally hire accountants to determine what can and cannot be allowed as an expense. It is, however, not correct to say that “businesses pay corporation tax”. A company does because it is a corporation , i.e. it is a totally separate entity from its owners - the shareholders. (Note that its shareholders on receiving their dividend will probably be liable for income tax on that payment since it counts as income). However, as you know, not all businesses are companies. If the business is a sole trader or a partnership, then in the eyes of the law the business is inseparable from its owners; they are one and the same. The owners of these types of business therefore pay income tax not corporation tax. Just as is the situation with a company, there are allowances granted by HRMC as to what can legitimately be claimed as a cost in order to reduce the sole trader or partner’s liability for tax. So, what are the current rates of tax in the UK and what is the significance of them? Taking income tax first, an entrepreneur who is a sole trader or partner has a liability for income tax depending on how much profit they make (in exactly the same way as ‘an ordinary employee’ is liable depending on how much s/he earns). For the 2011-12 tax year there is a personal allowance of £7,475; this is the amount of income a person can earn before paying any income tax. (In practice this is usually divided by 12 and given as 12 monthly allowances against © Copyright 2009 Tutor2u Limited tutor2u Tax on profit – how much does a business pay? continued earnings rather than someone suddenly starting to pay tax as soon as they earn £7,476). Income tax comes in several bands – also known as thresholds. The basic tax rate is payable at 20% on profit/income of up to £35,000 The higher tax rate is payable at 40% on profit/income between £35,001 and £150,000 The additional rate is payable at 50% on profit/income over £150,000 (There is also a 10% tax rate for those on low incomes but the operation of it is quite complicated and it does not affect our analysis). Another very important point when considering tax paid by entrepreneurs (and employees) is that the payment of tax at the higher rates only applies to amounts in excess of the band. Consider this example. The UK tax year always ends on the 5th April. For simplicity let us ignore the tax free allowance. If you were a sole trader who had made £34,950 profit by April 3rd you are £50 below the threshold for 40% tax and would be facing a tax bill of £6990 (20% x £34,950). You would NOT be considering closing the business for two days on the grounds that if you earned another £51 profit you would now be making over £35,000, be into the higher © Copyright 2009 Tutor2u Limited band and would then have to pay £14,000.40 (40% x £35,001). That is not the case; you only pay the higher rate of tax on the amount of profit above the threshold – in this case an extra 40p! (Once again, this is the same for ‘ordinary employees’ as well). Corporation tax in the UK can be complicated, but it is also banded; essentially it is currently 20% on profits of up £1.5m and 26% on amounts exceeding that amount. It is often claimed that the government should cut corporation (and income tax) to make the country more attractive to entrepreneurs. This would create more wealth and jobs. The logic seems simple enough; for example if there is a company selling mainly to the EU, why operate from the UK and pay a higher rate of tax when it could operate where corporation tax is lower and keep more profit for dividends or expansion? This is fair enough but the government faces the problem that if rates are cut it may well experience a fall in tax revenue in the short term - hardly what is needed at a time of a huge budget deficit. (Although in fact George Osborne did just that in the last budget, cutting the higher rate from 28%.) It may be several years before companies abroad make the decision to relocate to the UK; it will not be a case of “Oh the rate tutor2u Tax on profit – how much does a business pay? continued of corporation tax has fallen in the UK, lets move the entire company there at once”. Why? To answer this, let us turn the argument around. If corporation taxes are lower elsewhere why don’t UK companies all immediately go abroad? The answer is that corporation tax is only one of several factors when making a location decision. Some countries have undemocratic governments, liable to confiscate factories and buildings; if this is the case, then no matter what the rate of corporation tax, that country is hardly a desirable destination. That problem is unlikely to occur in the EU but nevertheless, there are still issues; the rate of corporation tax in Macedonia (one of the newer EU members) is 10% - a very tempting rate. However will it stay at 10%? If not, how much might it rise by? This needs careful thought. In addition, perhaps the country’s infrastructure and suppliers are not to the same standard as the UK’s, perhaps it workforce does not have the skills needed. If this were the case then there would be increased transport and training costs to consider. In addition, corporation tax is not the only tax a business must pay, what is the rate of VAT? What other taxes at national and local level have to be paid? Finally, the board of directors of a company might reason that its senior executives and key employees may not want to relocate elsewhere (even if well compensated to do so); they have family ties and cultural loyalties just like anyone else. So in summary: • The government needs to levy direct taxes on profit (and income) to help fund its spending program. • Direct taxation creates issues with entrepreneurship. Whilst entrepreneurs ‘love a challenge’, this challenge combined with a high rate of tax may deter them from setting up, ‘having another go’ if they fail, or in the case of a larger company, cause it to move abroad. A recent example of this was that in July it was announced that a key part of Richard Branson’s Virgin empire is to move abroad to Geneva. • Nevertheless, the rates of tax that have a deterrent effect on entrepreneurs are not clear cut and the rate of tax is only one factor (albeit a very important one) when making a location decision. © Copyright 2009 Tutor2u Limited tutor2u
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