There is a basic principle that dividends or other distributions must not be paid out of capital even if the Articles of a company authorise such a payment. For the purposes of this article, reference to distributions includes dividends.

This is stated as follows in Companies Act 2006, section 830:

Distributions to be made only out of profits available for the purpose

(1) A company may only make a distribution out of profits available for the purpose.

(2) A company's profits available for distribution are its accumulated, realised profits, so far as not previously utilised by distribution or capitalisation, less its accumulated, realised losses, so far as not previously written off in a reduction or reorganisation of capital duly made.

(3) Subsection (2) has effect subject to sections 832, 833A and 835 (investment companies and Solvency 2 insurance companies).

HMRC’s internal manuals go further and states 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.

Section 830 lays down the basic rule, but it does not apply to investment companies and is qualified in respect of public companies by section 831. It states that a company’s profits available for distribution are its accumulated, realised profits (on both revenue and capital) not previously distributed or capitalised, less its accumulated realised losses (on both revenue and capital) not written off in a proper reduction or reorganisation of capital.

These definitions for smaller companies can be summarised as, dividends can only be paid if there are sufficient revenue reserves – excluding issued and paid up share capital – to cover the payment. Directors should have sight of up-to-date management accounts when making a judgement regarding a proposed dividend payment and the accounts should include a realistic estimate for any current year corporation tax liability.

If you are uncertain if your company meets these obligations, please call. We can help you crunch the numbers.

The higher rates of Stamp Duty Land Tax (SDLT) were introduced on 1 April 2016 and apply to purchases of additional residential property such as buy to let properties and second homes. The higher rate is 3% higher than the regular SDLT rates and applies to the purchase of additional residential properties valued at over £40,000.

The higher rates of SDLT apply to purchases of additional residential properties in England and Northern Ireland. The higher rate does not apply to individuals who own only one residential property, irrespective of the intended use of the property.

You might be required to pay the higher rates even if you plan to live in the property you are purchasing even if you do not own another residential property. This is because the rules apply not just to you (the buyer), but also to anyone you are married to or purchasing the property jointly with.

Multiple Dwellings Relief (MDR) was an SDLT relief which had benefitted purchasers of multiple residential properties. However, MDR was abolished for transactions which complete, or substantially perform on or after 1 June 2024.

The Scottish Land and Buildings Transaction Tax (SLBTT) applies to transactions where the land is situated in Scotland. There is a 6% SLBTT supplement for purchases of additional residential properties.

Similarly, the Welsh Land Transaction Tax (WLTT) applies to transactions where the land is situated in Wales. There is a WLTT higher rate supplement of 4% on purchases of additional residential properties.

Self-assessment taxpayers are usually required to pay their Income Tax liabilities in three instalments each year. The first two payments are due on 31 January during the tax year and 31 July following the tax year.

These payments on account are based on 50% each of the previous year’s net income tax liability. In addition, the third (or only) payment of tax will be due on 31 January following the end of the tax year. If you think that your income for the next tax year will be lower than the previous tax year, you can apply to have your payment on account reduced. This can be done using HMRC’s online service or by completing form SA303.

It is important to note that you do not need to make any payments on account where your net Income Tax liability for the previous tax year is less than £1,000 or if more than 80% of that year’s tax liability has been collected at source.

There are no restrictions on the number of claims to adjust payments on account a taxpayer or agent can make. The payments are based on 50% of your previous year’s net income tax liability. If your liability for 2023-24 is lower than 2022-23 you can ask HMRC to reduce your payment on account. The deadline for making a claim to reduce your payments on account for 2023-24 is 31 January 2025.

If taxable profits have increased there is no requirement to notify HMRC although the final balancing payment will be higher.

In a recent press release, HMRC addressed some common misconceptions about who needs to file a self-assessment return before the 31 January 2025 deadline and clarifies some of the most widespread myths.

The press release seeks to dispel the following myths:

Myth 1: “HMRC hasn’t been in touch, so I don’t need to file a tax return.”

Reality: It is the individual’s responsibility to determine if they need to complete a tax return for the 2023 to 2024 tax year. There are many reasons why someone might need to register for self-assessment and file a return, including if they:

• are newly self-employed and have earned gross income over £1,000;
• earned below £1,000 and wish to pay Class 2 National Insurance Contributions voluntarily to protect their entitlement to State Pension and certain benefits;
• are a new partner in a business partnership;
• have received any untaxed income over £2,500; or
• receive Child Benefit payments and need to pay the High Income Child Benefit Charge because they or their partner earned more than £50,000 (this limit increases to £60,000 for 2024-25).

Myth 2: “I have to pay the tax at the same time as filing my return.”

Reality: False. Even if someone files their return today, the deadline for customers to pay any tax owed for the 2023-24 tax year is 31 January 2025.

Myth 3: “I don’t owe any tax, so I don’t need to file a return.”

Reality: Even if a taxpayer does not owe tax, they may still need to file a self-assessment return to claim a tax refund, claim tax relief on business expenses, charitable donations, pension contributions, or to pay voluntary Class 2 National Insurance Contributions to protect their entitlement to certain benefits and the State Pension.

Myth 4: “HMRC will take me out of self-assessment if I no longer need to file a return.”

Reality: It is important taxpayers tell HMRC if they have either stopped being self-employed or they don’t need to fill in a return, particularly if they have received a notice to file. If not, HMRC will keep writing to them to remind them to file their return and we may charge a penalty.

Taxpayers may not need to complete a tax return if they have stopped renting out property, no longer need to pay the High Income Child Benefit Charge, or their income has dropped below the £150,000 threshold and have no other reason to complete a tax return.

Myth 5: “HMRC has launched a crackdown on people selling their possessions online and now I will have to file a self-assessment return and pay tax on the items I sold after clearing out the attic.”

Reality: Despite speculation online earlier this year, tax rules have not changed in this area. If someone has sold old clothes, books, CDs and other personal items through online marketplaces, they do not need to file a self-assessment return and pay Income Tax on the sales. 

It should be noted that you are required to notify HMRC by 5 October 2024 if you need to submit a self-assessment tax return for the 2023-24 tax year and haven't done so previously.

Overtrading occurs when a business expands its operations at a pace that exceeds its available working capital and financial resources. This can happen when a company takes on more business than it can sustain without sufficient cash flow to support day-to-day operations.

Here are key points about overtrading:

1. Cash Flow Strain: Overtrading often leads to a cash flow shortage, as the business needs more funds to pay suppliers, cover increased inventory, and finance its operations. The gap between receiving payments from customers and paying suppliers can stretch too far.
2. Inventory Buildup: To meet increased demand, companies may overstock, tying up capital and cash flow to purchase goods that have not been sold.
3. Borrowing Pressure: To support rapid expansion, businesses may rely heavily on borrowing, leading to high-interest costs or increased debt, which further strains the company's finances.
4. Declining Service Quality: Overtrading can cause operational inefficiencies, leading to delays in fulfilling orders or a decline in the quality of products or services as the company struggles to manage increased demand.
5. Risk of Insolvency: If the business cannot manage the financial stress, it risks insolvency. For example, where it becomes unable to meet its short-term obligations, such as paying creditors or employees.

A common situation occurs in retail when a business takes on a large number of orders without sufficient stock or cash reserves to fulfil those orders, leading to delays, missed payments to suppliers, and financial instability.

Effective management of cash flow, maintaining adequate working capital, and carefully planning growth are crucial strategies to avoid overtrading.