What does this mean to the extraction of profits from a company?

Over recent years, the tax savings to be made from incorporating a business have often revolved around combining the low rates of corporation tax with the fact that there are no NICs payable on dividends. If a director/shareholder is a higher rate taxpayer, the benefit of paying a dividend or bonus is dependent upon the effective corporation tax rate of the company. How have the changes announced by Gordon Brown affected the position for 2007/08?

Example - small companies rate of corporation tax (CT) applies

Christie is to receive a bonus of £60,000 after all taxes from his family company. He has a marginal income tax rate of 40% (32.5% if dividends) for 2007/08 and already has earnings above the employees’ upper earnings limit for NICs purposes so that any bonus will be liable to employees’ NIC at 1%. The company pays CT at the small companies’ rate of 20%. We have prepared the following comparison of the cost of paying a dividend rather than additional remuneration to Christie for the tax year 2007/08.

Christie Dividend
£
Bonus
£
Dividend/remuneration 80,000 101,695
Less: National Insurance (1%) 1,017
Add: Tax credit (1/9) 8,889
88,889
Less: Income tax (@ 32.5% / 40%) 28,889 40,678
NET RECEIPT £60,000 £60,000
Company Dividend
£
Bonus
£
Payment by company 80,000 101,695
Add: Employers’ NIC (@ 12.8%) 13,017
114,712
Less: Tax relief (@ 20%) ______ 22,942
COST TO COMPANY £80,000 £91,770

Example - main rate of CT applies

If the company pays CT at the full rate of 30%, the bonus route is slightly more expensive than the dividend route.

Christie (figures as last example)
Company
Dividend
£
Bonus
£
Payment by company 80,000 101,695
Add: Employers’ NIC (@ 12.8%) 13,017
114,712
Less: Tax relief (@ 30%) ______ 34,414
COST TO COMPANY

£80,000

£80,298

Example - marginal rate of CT applies

If the company has profits above £300,000 before a bonus is deducted, the marginal rate of CT is 32.5% and so the cost to the company of a bonus is less than the cost of a dividend ie:

Company Dividend
£
Bonus
£
Payment by company 80,000 101,695
Add: Employers’ NIC (@ 12.8%) 13,017
114,712
Less: Tax relief (@ 32.5%) ______ 37,281
COST TO COMPANY £80,000 £77,431

What is the position in future years?

By 2009/10, the CT rates are expected to be 28% main rate, 22% small companies’ rate giving a marginal rate of 29.5%. The costs of a bonus in any of these scenarios will be:

CT marginal rate

22%
28% 29.5%
Cost of bonus before tax relief 114,712 114,712 114,712
CT relief

25,237

32,119

33,840

Cost to company

89,475

82,593

80,872