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Post Info TOPIC: Two businesses and carried forward losses


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Two businesses and carried forward losses
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Just getting my knickers in a twist over a self assessment a client has prepared themselves and hoping someone would clear the fog in my brain.

Sole trader has a shop and also a separate tennis coaching business (also as a sole trader).  Shop made a loss but coaching made a profit and combined they make a small profit but this is below the personal allowance so no tax to pay.

However, could the loss from the shop be carried forward?  My instinct is no as overall the individual did make a profit but there is a small niggling doubt in my head.  This may not seem important now but moving forward I am creating a partnership for the shop with the clients wife and it is rapidly making profit.

Many thanks

Valerie



-- Edited by lots to learn on Wednesday 1st of March 2017 11:39:46 AM

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Hey
There is one business here I believe.

Your thoughts are correct at this stage.

They are two of the same.

Thanks

 

Incorrect



-- Edited by abacus12345 on Wednesday 1st of March 2017 11:58:07 AM

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They are in fact very different.   The shop is an organic veg shop. I do believe the structure should have been determined earlier.



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Master Book-keeper

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I agree with Valerie - these are two different trades and should be reported as so via the tax return. Question is firstly has he reported them as separate on the last retrun (via supplementray pages). You might have to re-do the tax return first.

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 Joanne 

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Then I stand corrected.

For VAT they are the same?

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Apologies, I should have made myself clearer as my reading my post anyone would assume the shop also tennis related.

They have been reported as two trades but obviously on the one personal self assessment.

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Oh ok, I thought it was a sports shop.



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Master Book-keeper

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abacus12345 wrote:

Then I stand corrected.

For VAT they are the same?


 Yes, as a sole trader the combined trades will count towards the threshold, and the ST will have one VAT number.  As as already been said, the two trades are reported separately on the tax return.

If the entity is different then the VAT can be separately assessed, as long as it's not to deliberately avoid paying VAT. (disaggregation rules)



-- Edited by Leger on Wednesday 1st of March 2017 01:00:42 PM

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Many thanks for your replies.

They are not at this stage VAT registered and when they are the shop will then be a partnership so will be easy to separate.

The two entities have been recorded on the personal self assessment as two separate activities so would it be the case then that the loss from the shop could indeed be carried forward ?

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Master Book-keeper

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My understanding - partnership is treated as a continuation of trade for tax purposes so they can be offset against HIS share (only)

Did he have earlier income as employed that he can carry back against?

Although I dont get involved in this so worth double checking.

Start here if you havent seen this already and then the relevant manuals.

www.gov.uk/government/publications/losses-hs227-self-assessment-helpsheet/hs227-losses-2016

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 Joanne 

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Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

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Those who serve partnerships other than a husband wife team, are there many issues? I've always been put off by the behind the scenes nonsense. Thanks for the VAT clarification.

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Master Book-keeper

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Biggest issues caused by the bloody fools who do not enter into a partnership agreement. Numpties!!!

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 Joanne 

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Ha yes! I think one of the first things I ever read in regards to this game, courteous of ICB was unless there is an agreement in place the profit share is 50:50, dating back to 18XX.

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Master Book-keeper

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There should be an agreement in place even with 50:50 share of the business for in the event of arguments over decision making, its not just about p/s.

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 Joanne 

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That I don't doubt. I'd be searching for a solicitor before starting one myself - but then others just like to get started and things get overlooked.

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Master Book-keeper

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abacus12345 wrote:

 but then others just like to get started and things get overlooked.


 That would make them morons!!!!!!!!



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 Joanne 

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Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

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Thanks for all your help. I agree with the comments re partnership agreements. It's the first thing I ask when taking on a new partnership. Why wouldn't you want to iron out potential problems before they occur. In my area I find a lot of businesses being run by women or as a couple who for some reason register under husbands name as sole traders ????

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Sorry to bring this thread back up again but I now have new info so I am looking to make the best use of losses.

Client has completed own tax return for 5 years 

 

11-12                                                                                                      No Tax due
 

12-13      Bus 1 -  profit   2942             Bus 2   -   profit     6925                 Tax paid     £352.9

13-14      Bus 1 -  loss    (1961)            Bus 2   -   profit     8242                 No Tax due                        Loss of 1961 carried forward

14-15      Bus 1 -  loss    (3189)            Bus 2   -   profit     7422                 No Tax due                        Loss of 5150 carried forward

15-16      Bus 1 -  loss    (5750)            Bus 2   -   profit     7228                 No Tax due                        Loss of 10900 carried forward

 

It is my understanding that losses can only be carried forward 4 years.  The clients also have a lot of unused capital allowances which could be utilised for future potential profits so I am not wanting to waste these losses.

Could I therefore use the loss from 13-14 of 1961 and potentially also 14-15 of 3189 to which client opted to carry forward to actually carry back against 12-13 profit which would in fact give a refund of tax. Then just leave the 5750 loss from 15-16 to carry forward. 

If so would I just amend all the returns, is there a time limit in which this can be done?

Many thanks in anticipation

Valerie

 

 

 



-- Edited by lots to learn on Monday 6th of March 2017 12:03:59 PM

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Woooow looks like I'm playing minesweeper!

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He he.

Don't you like my little table biggrin



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There is a table? I can only see 300 question marks lol.

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Master Book-keeper

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I think the detail of timescales and how too is in that link I posted, cant recall exactly and sorry rushed off my feet, but I wanted to post as there is an HMRC webinar on trade losses later this week - might be worth attending. attendee.gotowebinar.com/register/1370428374286071043

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 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

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I can read your post now, God knows what I was seeing on my mobile?



-- Edited by abacus12345 on Monday 6th of March 2017 11:30:13 PM

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The four years limit is true for all taxes by all accounts.

If there are special circumstances, as in an overpayment, you can request to go back further, although I'm not sure how successful that would be.

Four years is pretty tight! IMO

How long has this business been in existence? There are opening year rules.

If you carry back against total income it's all or nothing.

Should the client have filed them incorrectly, and maybe overpaid, therein could be a loop to restate the returns.



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Thankyou Johnny and Joanne.

I've signed up to the HMRC Webinar now. Being going to do one of these for a while but just not got round to it so will hopefully learn a lot.

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