Hi - I am working for a company that is making a small profit pre corporation tax but will show a loss after corporation tax. What is the position re payment of dividends i.e. are they allowed to make a dividend payment based on the pre-tax profit or is the calculation of dividends based on post tax profits?
Ah ok. So the dividends paid so far have actually exceeded the ultimate profit that they've made? They should be sure to keep evidence of how much profit they were expected to make when the dividends were agreed in order to deal with any queries from HMRC once the accounts have been submitted.
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Jenny
Responses are my opinion based on the information provided. All information should be thoroughly checked before being relied on.
Just on a related point to payment of dividends, does anyone have any advice in relation to whether it is better for a 100% shareholder of an Irish company to pay themselves in dividends or salary? Thanks Gavin
Hi Luther, Are you saying that you only pay dividends out of profits available for distribution? I am aware of this, but just wondering if there is a level at which there is PAYE/NI on drawing a salary and whether it is more tax efficient for an Irish trading company to withdraw dividends rather than salary if the employee/director is also the 100% shareholder in the company. Thanks Gavin
Not sure if I can totally help you - but I'll have a go;
Asuming you have no other income and as you know your tax-free personal allowance is I think just over 6k, so in a company where you have corporation tax is 21%, it is generally more tax efficient to take(draw) any other income from your company as a Dividend than a Salary. If your company is paying a higher corporation tax, then I would say a Salary is probably more efficient than a Dividend. so as for an Irish Trading Company, not 100% sure but probably would work on the same principles.
Thank you Luther for your reply. I think it should work on similar lines, but really need to know the figures and rates for Irish situations. Thanks again Gavin
it is generally most tax efficient to take a salary up to the lower earnings limit so the director get the NI contributions but niether the company or director have any NI to pay.
The dividends are not allowable for tax and so the profit it is paid out of would be charged at 21% (assuming) a small company but the individual pays tax at 10% However the tax credit is nominal and actually stays in the comapany. Even when the dividend gets over the 45k mark it is taxed at 32.5% rather than the higher rate of 40% or even 50% now.
The dividend is not subject to NI from either party.
The most tax effficient way to get money out of a company is for the company to make payments to the individuals pension as this is tax allowable but is tax free benefit for the employee. They would need to find some cash to live of however!!!!
hope this helps some what, but as ever it will always depend on the persons circumstances.
thank you very much for the reply, much appreciated. I am aware of these rules and rates from a UK perspective, but my question is in regard to Republic of Ireland. is it the same situation there as in the UK? has anyone got experience of acting for a contractor operating through a Ltd company in Republic of Ireland? Thanks Gavin
In Ireland, companies paying dividends must generally withhold tax at the standard rate (as of 2007[update], 20%) from the dividend and issue a tax voucher to include details of the tax paid. A person not liable to tax can reclaim it at the end of year, while a person liable to a higher rate of tax must declare it and pay the difference.
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Tony
Responses are intended as outline only. Formal advice should be sort from your Institutes Technical Department or a suitably qualified Accountant.