Illegal Dividends

Sean Rustrick • 13 August 2024

Dividends are paid to shareholders from the current year profits (usually!). According to the Companies Act 2006, dividends can only be paid from distributable profits. When a company pays dividends without sufficient profits, this makes them illegal dividends.


Any director authorising illegal dividends will have to repay the dividends as well as any shareholders who knew or suspected those dividends were illegal.

Previously, HMRC argued that unlawful dividends were salary payments (because this meant greater tax liability!) but now, HMRC are more willing to treat them as director’s loans.


The unlawful dividends must be attributed proportionally to each shareholder and recorded as a loan in the company’s records. Shareholders must repay the loans (but there is no specified deadline!). However, if the loan is not repaid within nine months after the company’s accounting period ends, the company will face a corporation tax charge of 33.75% on the outstanding amount.


If a single shareholder owes the company more than £10,000 (including any other amounts owed) a taxable benefit in kind applies. It is also possible to waive the outstanding loan to avoid any illegal dividends, but this may lead to taxable consequences!


To find out more and to avoid the chance of illegal dividends, get in contact today on 01622 738165 and the team will be more than happy to help!

by Sean Rustrick 21 April 2026
The 2025 Budget wasn’t exactly packed with giveaways, but hidden among the tax hikes was a small (and very welcome) perk for employers and employees. Right now, there’s a tax exemption if you provide things like eye tests or homeworking equipment to employees. But if an employee buys it themselves and you reimburse them? That reimbursement is taxable. But, from 6 April 2026, reimbursements for certain everyday work-related expenses will be exempt from both income tax and National Insurance. This includes: Eye tests Flu vaccines (will be tax-free when provided directly) Homeworking equipment Accommodation, supplies or services needed to do the job So whether you provide the benefit directly or simply repay your employee for it, the tax treatment will be the same. So, from April 2026, reimbursing employees for small, work-related costs will be simpler and tax-free. Give us a call on 01622 738165 if you want more information or help with this change.
by Sean Rustrick 14 April 2026
HMRC is now reaching out to employers and employees by letter and text to let them know when a tax refund is due. The big change? Refunds aren’t automatic anymore; you have to claim them yourself. The quickest way to do this is through the HMRC app. Just open the app, go to the PAYE section, and if you’re owed a refund, a green Claim button will show the amount. Tap it, and the money should hit your bank account within a week. No app? No problem, you can also claim online or by contacting HMRC directly using the details in their letter. The key point: if you don’t take action, the refund won’t be paid. So check your PAYE info and claim what’s yours! Not sure if you have received a letter or text? Give Rustrick Accountants a call on 01622 738165 and we can help you out
by Sean Rustrick 7 April 2026
HMRC has started a new campaign targeting sole traders and partnerships, checking that expenses claimed in self-assessment returns are properly adjusted for private use. If you’re self-employed, it’s worth paying attention; mistakes can trigger unnecessary questions or even penalties. The focus is on disallowable expenses (especially costs that are partly personal). Think cars, phones, and similar items where you use them for both business and private purposes. For example, if you spend £2,200 on car costs and only 8,000 of the 14,000 miles are business, HMRC expects you to adjust the private portion proportionally. It’s not just cars and phones, either. Business entertainment, travel, or marketing expenses can also come under scrutiny if they include personal use. The safest approach is to be clear and consistent in your calculations and records. Tips to stay on HMRC’s good side: Keep detailed records for items like mileage or phone use. Don’t just copy last year’s figures. If you account for private use before filling in your tax return, explain it in the additional information section. HMRC accepts reasonable estimates where precise calculation is tricky (for example, home office costs or phone use). Using simplified expenses for homeworking can help avoid disputes. In short, make sure you understand HMRC’s rules on private use, check each tax return carefully, and adjust expenses appropriately. Unsure or just want a friendly, helping hand? Give Rustrick Accountants a call on 01622 738165 !
by Sean Rustrick 27 March 2026
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by Sean Rustrick 24 March 2026
If you provide employees with a company van (or fuel for private use) the benefit-in-kind charges are going up again next tax year. These charges are increased annually in line with the Consumer Price Index, and the 2026/27 figures have now been confirmed. The benefit applies if an employee: Has a company van available for private use Receives fuel for private journeys in a company van Receives fuel for private use in a company car It’s worth noting that the van charges are fixed flat rates, while company car fuel uses a multiplier system. Here’s how the numbers compare:
by Sean Rustrick 17 March 2026
Late January can hit hard—especially if you suddenly realise you need to file a tax return but haven’t even told HMRC yet. Don’t worry, you’re not alone. This happens more often than you think, particularly if you’re a first-time filer or returning to Self Assessment after the Christmas break! Usually, HMRC expects you to let them know you’re liable for Income Tax or Capital Gains Tax by 5 October following the end of the tax year. If you miss the 5 October deadline, you could face penalties, but if you act quickly you can significantly reduce them. So, if it’s late January and you realise you’ve missed the notification deadline, the most important thing is to act immediately: Register for Self Assessment online as soon as you can. Work out your tax liability and pay it by 31 January. If you haven’t received your Unique Taxpayer Reference (UTR) yet, you can still use your National Insurance number. Paying the tax you owe on time can reduce the risk of penalties, as HMRC will base fines on any ‘potential lost revenue.’ Any HMRC penalties will depend on: How late your notification was Whether your disclosure was prompted by HMRC or unprompted Whether the failure was deliberate The penalty will be 0% if the notification was unprompted and not deliberate, but it could be up to 100% of the tax due for “deliberate concealment”. You might avoid penalties entirely if you have a reasonable excuse, weren’t deliberately late, and notified HMRC without unnecessary delay! Once you’re registered, submit your tax return as soon as possible to avoid more late filing penalties. Remember, the deadline is the 31st January after the tax year or three months after HMRC issues the notice. If you’ve filed your tax return before, don’t create a new account. Doing so can delay processing and mess up your tax calculations. Instead, reactivate your existing Self Assessment record by calling the Agent Dedicated Line or completing form SA1. If you have received a late tax return notification, don’t panic! Give Rustrick Accountants a call on 01622 738165 and the friendly team will sort it out for you and reduce the penalties by as much as possible
by Sean Rustrick 10 March 2026
Changes to Business Property Relief
Mother and Daughter standing together in a factory
by Sean Rustrick 9 March 2026
It’s very common for parents to help their kids get a business off the ground, but when it comes to taxes, things can get a bit tricky! Normally, if a business buys equipment for trade, it can claim a capital allowance (CA) to reduce taxable profits. For most purchases, you can use the annual investment allowance (AIA) to claim up to £1 million in the year of purchase. If the AIA doesn’t apply, the deduction is spread over several years as a writing down allowance (WDA). To qualify, the owner of the equipment must use it in their business. So if the parent has bought the equipment for their child’s business, the usual rules for capital allowances don’t apply. So, if you want a tax benefit from helping a family member, you need to do a bit of planning such as:  Treating the repayments as rent for use of the equipment, under a formal agreement. Transferring ownership of the equipment, so they can claim the capital allowance himself. Without doing either, neither the parent nor the child gets a deduction! Helping your children with a business is generous, but it can easily backfire tax-wise if you don’t plan carefully. If you are thinking of getting involved or want to get some advice before you start, give Rustrick Accountants a call on 01622 738165 and we will happily chat through the best steps for you
by Sean Rustrick 15 January 2026
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by Sean Rustrick 27 October 2025
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