Tax efficiency for directors of state pension age
A director of a small company reached state pension age and so is no longer liable to NI on salary. To improve tax efficiency should they change how they take income from the company, especially in view of the extra tax payable on dividends from 6 April 2022?
Profit extraction
If a company has profits, the most tax-efficient way to pay these to the owner managers is as dividends, with the exception of tax-exempt perks. However, these can’t be paid in cash and so have a limited usefulness. For cash income the choice is therefore between dividends and salary. The tax and NI rates which apply to both of these respectively will increase by 1.25% from 6 April 2022.
Salary tax and NI pros and cons
The main advantage of dividends over salary is that they aren’t liable to NI. However, when our director reached state pension age (SPA) they no longer have to pay NI on their salary. This raises the question of whether it’s then more tax/NI efficient to take salary rather than dividends.
The bad news is that whilst the director isn’t liable to NI on their earnings, the company is. Nevertheless, avoiding 12% (13.25% from 6 April 2022) NI added to the corporation tax (CT) saving the company gets for paying salary instead of dividends will significantly change the dividends v salary picture.
Tax efficiency comparisons
We’ve looked at the dividends v salary tax for 2022/23 for basic and higher rate taxpayers who have reached SPA. For our first calculation we assumed the company pays £50,270 dividends for 2022/23 as a whole and compared this with a salary which after accounting for CT relief cost the company the same. The figures are summarised in the first table below.
|
Dividends |
£50,270 |
|
|
Salary |
£54,844 |
|
|
Less personal allownace |
£12,570 |
£12,570 |
|
Chargeable to tax |
£37,700 |
£42,274 |
|
Tax payable |
£3,124 |
£9,370 |
|
Owner manager’s net income |
£47,146 |
£45,474 |
Dividends remain the most tax-efficient way to take income but the difference between the two, as a percentage of the cost to the company (£50,000), is just 3.34%.
When we look at higher rate taxpayers, i.e. for income falling above the basic rate threshold (£50,270), the tax/NI advantage of dividends is still there but it’s even further reduced. The table below shows the figures for £10,000 taken in addition to the £50,270 per the previous table. The tax advantage is just 1.86%, i.e. £186 per £10,000.
|
Dividends |
£10,000 |
|
|
Salary |
£10,731 |
|
|
Tax payable |
£3,375 |
£4,292 |
|
Owner manager’s net income |
£6,625 |
£6,439 |
The employment allowance may be available to reduce the employers’ NI liability by up to £4,000. Where it is, the advantage of dividends will be further eroded or completely lost thus making salary rather than dividends the more tax-efficient way to take income from the company
Related Topics
-
Selling spare items to your company
You’re short of cash but if you use the traditional methods to take more money out of your company you’ll pay higher rate taxes. Is there another way to extract profits without paying income tax or NI?
-
No such thing as a (tax) free lunch?
You run a small consultancy company and treat your staff to lunch in the office once a week. Your bookkeeper says it’s a taxable benefit in kind because staff lunches are only exempt if they are provided in a workplace canteen. Is this correct?
-
Judge criticises use of fabricated AI-generated cases in HMRC appeal
A tax tribunal judge has criticised the use of apparently fabricated case references generated by artificial intelligence in an appeal against HMRC. The incident highlights growing concerns over the use of AI tools in legal and tax proceedings. What happened?