Should I Have a Limited Company?

Before your decide whether your business should be a limited company or not you should think about the advantages and disadvantages that can come with this sort of set up.

A limited company is a separate legal entity and a primary benefit is Limited Liability. Basically, this means that you would normally avoid being personally responsible for the company's financial obligations. However, this can be somewhat misleading as your main creditor is likely to be a bank and they normally require directors be personal guarantors should the company fail.

There is also currently a real tax benefit to be achieved from incorporating as the tax system for companies is very different to that for individuals. For businesses with profits of £10,000 to £15,000 the tax saving could be in the region of £300 to £500. However, tax systems and legislation change and the government is always looking at measures to put a stop to "income shifting" (allocating income purely on the basis of minimising the tax bill rather than the individual contribution to the business).

Other potential benefits of incorporating (even for one-person operations) are that once the Company name is registered then it is immediately protected as Companies House will not allow the registration of another identical Company name. You should remember though, that Domain Name Registration on the Internet is not automatically protected as these names are not registered in the same way and are not dealt with by Companies House.

Companies who become Limited can use this as part of their corporate identity. The Ltd in a company name can give the sense of image, stability, sophistication, credibility, and permanence and may help when trying to secure large contracts.

When Limited Companies are raising capital they can issue stock to investors to raise capital which may be more advantageous than borrowing and making interest payments. A corporation can also issue and sell additional stock. This can take away some of the reliance on the banks or other money lenders.

The annual compliance requirements for a company in terms of administration and accounting tend to result in costs being higher with a Limited Company than for a sole trader or partnership. Annual accounts need to be prepared in a format dictated by the Companies Act and, in certain circumstances; the accounts need to be audited by a registered auditor. This may increase the professional fees but these should be more than offset by the tax savings being made.

With regards to tax, one benefit from operating as a Limited Company is the owner of a business can choose to pay themselves a lower wage and take money out of the company as dividends, providing they are a shareholder and the company has sufficient retained profits. This can be advantageous as there is currently no National Insurance on dividends.

As an employee of the company you would still need to pay tax and National Insurance on any salary you are paid via PAYE. You would also need to complete a tax return if you are a Company Director.

The company will need to pay Corporation tax on the company's profits. The rules for Corporation tax are more complicated but essentially they are based on the company's income, less its costs, allowances, reliefs, deductions etc. The rates vary depending upon the profits but in 2011/2012 corporation tax is paid at a rate of 20% when profits are less than £300,000.

It's very important that you declare your Limited status to HMRC and that you file your company's returns on time; particularly as Companies House and HMRC impose stiff penalties for late returns and payments.

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