Setting up in Business as a Sole Trader

Transcription

1 Setting up in Business as a Sole Trader Business Information Factsheet BIF363 March 2015 Introduction Many people who start their own business do so as a sole trader, often referred to as a sole proprietor or sole operator. This factsheet explains the advantages and disadvantages of this type of business status. It outlines the tax requirements for sole traders, covering registering for self-assessment, record keeping, and liabilities for income tax and National Insurance. It also outlines the requirements regarding business names for sole traders. Sole traders are treated by HM Revenue & Customs (HMRC) as self-employed for tax purposes and retain all their business profits after tax. However, they are personally liable for the debts of the business, which means that their home and other personal assets may be at risk if they are unable to pay the business' debts as they fall due. For an overview of the different types of legal status a business owner can choose, see BIF 32, Choosing the Right Legal Status for your Business. Advantages of operating as a sole trader Sole traders have sole control of their business, allowing them to make business decisions quickly and easily. All profits, after tax, belong to the business owner. It is relatively straightforward to start up or cease trading as a sole trader. Generally, overhead costs are easy to keep under control because sole traders typically start up on a small scale, often trading from a home base. Sole traders don't need to have their business accounts audited or made public, which saves time and money. Some people find it personally satisfying to work for themselves. Sole traders can put all their enthusiasm into the business and make the most of their own ideas. Disadvantages of operating as a sole trader Sole traders are personally responsible for all debts and liabilities that their business incurs. This means that both their business and personal possessions could be at risk if the venture runs into trouble. They may have to work very long or unpredictable hours. BIF363 Sole Trader - Setting up in Business as a Page 1 of 5

2 Sole traders who suffer an injury or illness may not receive an income during the time they cannot work. Sole traders often experience greater difficulty raising money for their business than limited companies. For example, it can be harder for sole traders to secure bank loans and they cannot sell a share or shares to raise funds to invest in the business. Sole traders generally start up using their own savings, loans secured against personal assets, or with money borrowed from friends and family. Business growth may be restricted by a sole trader's limited knowledge or skills. What are the tax requirements for sole traders? Overview Sole traders must register for self-assessment as a self-employed person with HMRC. They must complete an annual self-assessment tax return and pay income tax and Class 2 (and in some cases also Class 4) National Insurance Contributions (NICs). If it appears that their turnover will be more than the mandatory VAT registration threshold in any 12-month period, they must also register for VAT. The VAT registration threshold is announced in the Chancellor's Budget and usually changes every April. They must also keep records of their business income and expenditure, and their personal income. Registering for self-assessment as self employed Sole traders need to register with HMRC for self-assessment when they start trading. At the latest, they must register by 5th October after the end of the tax year for which a tax return is needed (that is, the tax year during which they started to trade). Sole traders can make a single registration for both tax self-assessment and Class 2 National Insurance contributions via HMRC's online services. The registration process varies depending on whether the business owner has completed a self-assessment tax return before, for example if they have been self employed previously or been registered for self-assessment as an individual with investment income. Go to for more information. See BIF 264, An Introduction to Tax Self-Assessment, for more information. Income tax All profits made by a sole trader are potentially taxable, including money that has been taken out for personal use in the form of 'drawings' and any money that remains (for example as cash in the bank) at the end of the tax year. However, tax is only charged on 'taxable' profits, which is the amount of profit that remains after deduction of allowable business expenses, and capital allowances on equipment. In addition, sole traders are entitled to the same tax-free personal allowances in relation to income tax as people who are paid under PAYE (Pay As You Earn), and so for the tax year 2015/16 the first 10,600 of a sole trader's taxable profit is free of tax. BIF363 Sole Trader - Setting up in Business as a Page 2 of 5

3 Once the tax due on the taxable profits has been calculated and paid, sole traders retain the remainder of the profits, which they can choose to draw out (as personal income) or re-invest for business purposes. Sole traders must complete a self-assessment tax return each year, giving details of all sources of income, tax allowances, relief or gains. They can file self-assessment tax returns online or by post. Under self-assessment, income tax payments are due twice a year in January and July. However, sole traders can choose to make regular weekly or monthly payments in advance. See BIF 264, An Introduction to Tax Self-Assessment, for more information. National Insurance contributions (NICs) Sole traders must pay Class 2 NICs if the following circumstances apply: They are over 16 years of age, but under the state retirement age. Their profits exceed the small profits threshold ( 5,965 for 2015/16). Class 2 NICs count towards an individual's state pension. For this reason, sole traders may choose to pay Class 2 NICs even if their profits fall below the small profits threshold. Sole traders with profits above the lower profits limit ( 8,060 for 2015/16) must also pay Class 4 NICs, which are charged at a percentage of a sole trader's profits, based on the information provided in their self-assessment tax return. From the tax year 2015/16 onwards, both Class 2 and Class 4 NICs must be paid at the same time as income tax. See BIF 239, An Introduction to National Insurance for the Self-Employed, for more information. VAT Business owners whose turnover is above the mandatory VAT registration threshold in any 12- month period must register for VAT. Sole traders whose turnover is below the VAT threshold may choose to register voluntarily. See BIF 234, An Introduction to Value Added Tax (VAT). Record keeping Sole traders need accurate financial records to help them complete their tax returns. They also have a legal obligation to keep these records for a specified time, in case HMRC asks to inspect them. Sole traders must keep: Records of all business income and expenses, and personal income. (These must be kept for at least five years after the 31st January submission deadline for the tax year they relate to.) All VAT records, if the business is registered for VAT. (These must be kept for at least 6 years.) Any PAYE records, if the business employs staff. (These must be kept for at least 3 years after the end of the tax year they relate to.) BIF363 Sole Trader - Setting up in Business as a Page 3 of 5

4 Go to for more information about keeping records. For more information, see BIF 272, A Guide to Documents That You Must Keep. Business names Sole traders can trade under their own name or choose a different name for their business. If a sole trader chooses to trade under a name that does not include their surname, they must ensure their business stationery displays both their name and the trading name of the business - for example, Peter Simpson, trading as Quicksilver Plumbing. There are some restrictions on the words a business name can include. See BIF 368, Choosing Business and Company Names, for more information. Hints and tips Sole traders working as contractors or subcontractors in the construction industry should also register to pay tax through HMRC's Construction Industry Scheme (CIS). Go to for more information. Business owners should seek professional legal or financial advice about the most suitable legal status for their business. Business owners may start up as sole traders and change their legal status at a later date. For example, they may later choose to become a limited company. Further information To access hundreds of practical factsheets, market reports and small business guides, go to: Website: BIF 15 An Introduction to Tax, National Insurance and VAT BIF 32 Choosing the Right Legal Status for your Business BIF 234 An Introduction to Value Added Tax (VAT) BIF 239 An Introduction to National Insurance for the Self-Employed BIF 264 An Introduction to Tax Self-Assessment BIF 341 An Introduction to Business Regulations when Starting Up BIF 368 Choosing Business and Company Names Useful contacts HM Revenue & Customs (HMRC) is the government department responsible for the collection of tax. HMRC's helpline for the newly self-employed provides advice on taxation and NI issues. Tel: (Helpline for the newly self employed) Website: BIF363 Sole Trader - Setting up in Business as a Page 4 of 5

5 DISCLAIMER While all reasonable efforts have been made, the publisher makes no warranties that this information is accurate and up-to-date and will not be responsible for any errors or omissions in the information nor any consequences of any errors or omissions. Professional advice should be sought where appropriate. Cobweb Information Ltd, Unit 9 Bankside, The Watermark, Gateshead, NE11 9SY. Tel: Website: BIF363 Sole Trader - Setting up in Business as a Page 5 of 5