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This Recession - Big Surge Of Self-Employed Hobbies - Protect The Tax Relief

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Julie Butler - Expert Author

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14 November 2011

One impact of the current recession has been a large number of redundancies. This position does not necessarily arise from businesses collapsing but from obvious commercial restructuring.

Many business organisations have been forced to let the “top layer” of expensive staff go and replace this hefty operation growth from internal promotion or from recruiting the ‘hungry’ young graduates and apprentices so keen for work experience.

The result has been that many previous high earners are looking to invest their savings, knowledge and redundancy monies into their own new self-employed businesses. There are a lot of associated tax planning considerations. The search for self-employment can result in the perfect storm of exactly what the Government are trying to promote – employing the young and generating new enterprises to keep the British business engine throbbing.

The range of self-employed businesses is immense from simple consultancy to replace the lost employment to entrepreneurial schemes that hope to produce the next ‘Body Shop’ or ‘IPad’. Some of the businesses can follow a personal passion and might be deemed by some to be a ‘hobby’ as opposed to a commercial operation with all the badges of trade in place.

It is essential for all those determined ‘never to be employed again’ or with the entrepreneurial dream to take timely and detailed advice. Many businesses incur early year trading losses until income streams are established. Early year tax losses need to be reviewed to see how they can be used effectively. The advantage of the unincorporated business route to commence the initial trading vehicle is that the tax losses can be carried back against earlier income for the taxpayer. There is a lot of tax planning around the choice of trading vehicle, for example the protection of the limited liability placed against the efficient utilisation of opening year tax losses.

One problem of the carry back of losses is the question of co14 November 2011mmerciality. HMRC will ask questions over whether the business is of commercial design and structure, i.e. is it capable of making profit? Well thought through business plans will be essential (and some would say obvious!) to present to HMRC should questions be raised over the income tax claims and the tax refund.

Tax planning around small business start ups will be key in the weeks, months and years ahead. The simple registration of a self-employed activity is just a fraction of the depth of understanding that is required. It is not just the choice of trading vehicle, the timing of VAT registration, the commercial image, the protection of limited liability etc. The protection of tax reliefs will be at the root of initial decision making. As mentioned, there is always a temptation for business direction to be in a world that is understood and enjoyed, e.g. the extension of a hobby.

Action plan for prop14 November 2011osed new business:

•               Business plans, profit projections, cash flows and well thought through financial road map

•               Tax planning around raising initial working capital and long term funding

•               Review of markets to support sales projections

•               Consideration of choice of trading vehicle

•               Protection of tax reliefs

•               Where an initial loss is predicted ensure that tax relief will be protected with proof of commerciality.


About the Author

Supplied by Julie Butler F.C.A. Butler & Co, Bennett House, The Dean, Alresford, Hampshire, SO24 9BH.  Tel: 01962 735544.  Email; j.butler@butler-co.co.uk, Website; www.butler-co.co.uk 

Julie Butler F.C.A. is the author of Tax Planning for Farm and Land Diversification (Bloomsbury Professional), Equine Tax Planning ISBN: 0406966540, and Stanley: Taxation of Farmers and Landowners (LexisNexis)



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Article Published/Sorted/Amended on Scopulus 2012-06-26 13:14:14 in Tax Articles

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