Author: Glenn

Many business owners see their bank overdraft as a flexible safety net. When cash runs short, the temptation is to ask the bank for a higher limit to keep things moving. While this can provide breathing space in the short term, relying on overdrafts to cover trading losses is one of the riskiest financial strategies a business can adopt.

The key problem is that an overdraft is designed for temporary cash flow fluctuations, not for funding ongoing losses. If sales are falling, margins are shrinking, or costs are out of control, borrowing more simply masks the underlying issues. Instead of addressing the root causes, the business is kicking the problem down the road.

Increased overdrafts also come at a cost. Interest rates on overdrafts are typically higher than other forms of borrowing, and banks may also charge arrangement fees. Over time, these costs eat further into already fragile cash reserves, worsening the loss cycle rather than solving it.

There is also the risk that the bank will eventually say no. If the overdraft has been repeatedly extended and the business still cannot show a plan for recovery, lenders may lose confidence. This can result in the overdraft being frozen or called in, leaving the company without working capital and at risk of insolvency.

A safer approach is to treat persistent overdraft use as a warning signal. It should prompt a review of pricing, overheads, and profitability, and may require fresh equity, restructuring, or a long-term loan if borrowing is genuinely part of the solution. Using overdrafts to fund losses may buy time, but without decisive action, it is rarely a path to recovery.

Under the Companies Act 2006, dividends can only be paid from realised profits, never from capital, no matter what a company’s Articles of Association say.

Dividends can only be paid by a company out of profits available for distribution, not from capital, even if the company’s Articles of Association suggest otherwise. This rule is established under Companies Act 2006, section 830, and forms a key legal restriction on dividend payments.

Profits available for distribution are defined as a company’s accumulated, realised profits (from both revenue and capital), not previously distributed or capitalised, minus its accumulated, realised losses, provided these losses haven’t already been written off through a formal reduction or reorganisation of capital.

HMRC’s internal manuals go further and state that the Act lays down what may be termed the ‘balance sheet surplus’ method of determining profits available for distribution. Under this, a company can distribute the net profit on both capital and revenue at the particular time, as shown by the relevant accounts.

Additional rules apply to certain types of companies including investment and public companies.

If you cannot pay your tax bill, it’s crucial to contact HMRC as soon as possible. They may offer support through a Time to Pay arrangement, allowing you to repay your debt in instalments based on your financial situation. Ignoring the debt can lead to enforcement action, including visits to your home or business by HMRC or the use of debt collection agencies. The debt collection agencies are regulated by the Financial Conduct Authority and will only contact you by letter, phone, or SMS. They will not visit you in person at your home or place of work.

If these measures to do not work, HMRC can recover the debt using more serious measures. These include taking control of your possessions, recovering money directly from your bank account, adjusting your tax code or using court action. HMRC may also pursue debt through charging orders, deductions from wages or pensions or third-party debt orders.

If all else fails, insolvency proceedings may be started, including bankruptcy or winding-up orders. HMRC also has international recovery agreements that allow foreign tax authorities to collect UK tax debts if you live or have assets abroad.

If you are affected by any of these issues, please let us know so we can help you.

Did you know a missing Home Responsibilities Protection (HRP) record could reduce your State Pension, but you may still have time to put it right.

Home Responsibilities Protection (HRP) was a scheme designed to help individuals, mainly those with caring responsibilities, to build entitlement to the basic State Pension by reducing the number of qualifying years required. HRP applied between 6 April 1978 and 5 April 2010, after which it was replaced by National Insurance (NI) credits.

Although most eligible individuals received HRP automatically during that period, some cases were missed. It’s still possible to apply for HRP retrospectively if it’s missing from your NI record. This is particularly relevant for women at or near State Pension age, especially those who took extended time off work to raise children. A missing HRP record could affect your State Pension entitlement, although not always.

Those affected should check their NI records for gaps and could potentially increase their State Pension at no cost. If a claim is successful, HMRC will update the NI record, and the DWP will recalculate the State Pension amount. This could lead to an increase in the State pension, though in some cases, it may remain unchanged.

Currently, HRP applications are taking over 3 months to process. For the most recent processing times and to check the status of an existing claim you can visit the official HMRC guidance page at www.gov.uk/guidance/check-when-you-can-expect-a-reply-from-hmrc

Company directors have a legal duty to act responsibly and in the best interests of their business. If a director fails to meet these responsibilities, they can face disqualification from acting as a company director for up to 15 years.

Disqualification can result from ‘unfit conduct,’ which includes actions such as trading while insolvent, failing to maintain proper accounting records, neglecting to submit statutory accounts to Companies House, not paying taxes or using company money or assets for personal benefit. It can also occur if a director is subject to bankruptcy or a Debt Relief Order.

The disqualification process typically begins when The Insolvency Service investigates a company involved in insolvency proceedings or responds to complaints. If misconduct is suspected, the director will be informed in writing and given the option to either defend the case in court or voluntarily accept a disqualification through a formal disqualification undertaking. Other authorities including Companies House, the courts or a company insolvency practitioner can also initiate disqualification proceedings.

Once disqualified, an individual cannot be involved in forming, marketing or running a company or be a director of any company registered in the UK or an overseas company that has connections with the UK. Breaking these rules can lead to a fine or imprisonment. Disqualified directors are listed on public registers maintained by Companies House and The Insolvency Service.