DIVIDENDS VERSUS SALARY

In a long standing case which reached The Court of Appeal,
PA Holdings has conceded that dividends it paid to sections of its workforce under a contrived scheme of arrangement will now stand to be taxed as remuneration.  HMRC announced last week that
PA Holdings had decided against taking the case before the Supreme Court.


It is possible that HMRC could use the decision to challenge
dividends paid out by ordinary SME companies to their shareholders but HMRC state that this will not be their intention. They stated that the PA Holdings scheme was complex and that a deduction for Corporation Tax was being sought from both the Dividend and the remuneration and that the Court of Appeal had correctly drawn the conclusion that payments were either remuneration or dividends and that having decided that it was all remuneration then there was no way that it could attract the lower 10% rate of tax applicable to dividends.  Of course with remuneration there must be tax of at least 20% and NIC’s as well.


If HMRC do begin enquiries into dividends paid to shareholding members of staff then the correct paperwork voting the amounts etc will prove invaluable. If in doubt contact us on 024 7663 5522