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R&D – impact on director remuneration

It’s generally more tax efficient for a director shareholder to extract the majority of profit from a company as dividends rather than salary. But what if the company is undertaking R&D? Is this still the optimum remuneration strategy?

Example

You are the sole director in a company that undertakes some R&D.  The annual profit is estimated at £140,000 for the year ended 31 March 2016 before taking into account the director’s remuneration.

You might think that the most tax-efficient remuneration package is £10,600 for 2015/16 to cover the personal allowance and then net dividends of £28,606 to take the director up to the basic rate band. You also need to consider whether the company can make an R&D relief claim and, if it can, how this might affect your decision.

Salary vs Dividends

If the director takes a typical remuneration package, then the net tax and NI savings over taking a salary of £39,206 would be £5,265, assuming the £2,000 employment allowance is available.  This saving is made because dividends received within the basic rate band attract no further income tax plus no NI for the director or the company. This more than outweighs the additional corporation tax suffered on profits retained for dividends.

Taking R&D relief into account

From 1 April 2015 the R&D tax credit for SMEs increased from 225% to 230%.  There is no R&D uplift on dividends received – only on salary. This means that paying a £39,206 salary would actually result in a saving over taking a small salary and dividends of £1,208.

What about a larger salary? In fact, if the client wanted to take out more than the basic rate band, then the salary may become even more tax efficient.  A £70,000 salary would result in net tax/NI due of £1,366 after the R&D relief (assuming there was sufficient profit to offset the CT relief), whereas a salary of £10,600 and net dividends of £59,400 would result in net tax/NI of £5,883 – so the saving by taking a salary over dividends is £4,517.

HMRC will generally not accept 100% of a director’s salary costs within the R&D claim unless it can be clearly demonstrated that the director was exclusively involved in R&D activity.

Pension contributions

While dividends don’t qualify as eligible staff costs for R&D claims, company pension contributions do.  New pension freedoms make pension contributions a much more attractive option, so you might want to consider this as part of your remuneration package.

If a company makes pension contributions of £40,000 for the director and they spend 60% of their time on R&D, the R&D relief on this will be £55,200 (£40,000 x 60% x 230%). This means that the overall CT saving on the pension contribution will be £14,240 (((£40,000 x 40%) + £55,200) x 20%). As there’s no NI due on pension contributions, this is an even more efficient option than taking additional salary.

The default response of a dividend being more tax efficient than salary may not be applicable if the director undertakes R&D work for the company as there’s no R&D uplift on dividends. So it’s vital to crunch the numbers before agreeing the most tax-efficient remuneration strategy.

Get the best deal for yourself

For advice on the best split between salary and dividends or help with setting up a limited company and registering for VAT, please contact Alterledger.

What’s in your land? it could be worth a 150% tax deduction

Pollution

Land Remediation Relief is a relief from corporation tax only. It provides a deduction of 100%, plus an additional deduction of 50%, for qualifying expenditure incurred by companies in cleaning up land acquired from a third party in a contaminated state.

The tax releif is available on both commercial and residential developments.

Qualifying Land Remediation Expenditure can be claimed for tackling pollution, natural issues, such as radon, arsenic or Japanese Knotweed or remediating long term derelict land.

Asbestos is a common issue and qualifies for Land Remediation Relief….

Legislation in The Control of Asbestos Regulations 2006 and The Control of Asbestos Regulations (Northern Ireland) 2007 governs the way that asbestos is removed.

As a result additional costs may be incurred in containing the asbestos and dust during removal.

For example, a licensed contractor must be employed to remove high risk material, such as pipe insulation or asbestos insulating panels.

The additional costs incurred in order to comply with the regulations are part of the cost of removing the asbestos and so may qualify for Land Remediation Relief.

CIRD63200

So you don’t have to be Indiana Jones to discover value in your land…

steve@bicknells.net

Time for Tax Credits

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HM Revenue and Customs (HMRC) is sending out 5.8 million tax credits renewals packs which will arrive by 30 June. Over 3 million of these claims need to be renewed before the deadline for claimants to continue receiving tax credits. Last year some 650,000 claimants had their money stopped because they did not renew by the 31 July deadline.

Claimants must tell HMRC about any changes to their circumstances that they haven’t already reported, including changes to working hours, childcare costs and income, or if a partner has moved in.

Full information about renewing tax credits: ow.ly/xyPtg

 

HMRC 3rd June 2014

 

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