Many of our small business clients make a reasonable profit but still get into financial difficulty because they don’t thoroughly track their DLA (directors’ loan account) throughout the year. Well, it isn’t really that. Often they track the amounts they’re taking out but they don’t track how much they SHOULD take out.
When we get to the year end and work out the actual profit we find that they have taken too many ‘dividends’ and the DLA is overdrawn. There are many reasons for this.
- They have taken a ‘salary’ without a PAYE scheme so we have to choose between setting up a late payroll and the associated penalties or reclassifying these as DLA
- They kept their books up to date but forgot to allow for tax before seeing how much profit was left for dividends
- They’ve taken the same amount of salary and ‘dividends’ as in previous years but forgotten that their income and profit are lower this year
- They put excessive personal transactions through the business that need to be reclassified as DLA
- Paying their personal tax from their business
- They haven’t even bothered to do their bookkeeping each month but taken whatever money was in the bank without any thought of taxes due
The year end situation, with all the bookkeeping up to date and the appropriate accounting and tax adjustments, shows that there are not enough profits to cover the withdrawals or ‘dividends’. The clock is ticking and the client has nine months after the year end to repay the overdrawn amount (and not replace it with another loan from the DLA!) If they are continuing the pattern into the next year this is not often possible.
This means a penalty tax (under Section 455) of 33.75%
This is on top of the normal corporation tax which means that the company has even less cash for the business activities.
The best clients pull their socks up and reduce their spending to stay within their available profits AND repay the DLA. But they still can’t reclaim that penalty tax until 9 months after the end of the tax period the DLA is repaid.
So, after all that doom and gloom, how do we prevent this?
- Educating our directors. When setting up a business there is no training given to directors so we run two courses on ‘Finance for Directors’ and ‘Directors Responsibilities’
- Regular bookkeeping (easy with modern software)
- Bespoke reports that estimate the after tax profits available for dividends
- Encouraging directors to take regular salaries rather than dividends (now that the NI and corporation tax benefits of low salaries are negligible). This means that the personal tax is paid each month
- Prompt year end accounts so that the director time has time to repay any overdrawn amounts
In tough times, when business is hard, these systems will allow business owners to react and avoid further penalties.