As others have said, if the net dividend is covered by the Profit after Tax then it is not illegal.
The 10% tax credit is not actually paid to HMRC by either the payer or the recipient of the dividend, think of it as a figure that is used only to calculate tax liabilities. Say you receive a dividend for £90, HMRC view that as you having been paid a dividend of £100 that has had £10 of tax deducted (even though there has not actually been any transaction for £10).
As a basic rate taxpayer if you have a dividend of £100 (including the 10% tax credit) then you will be charged 10% tax on the value (so £10) but will then be given credit for the tax that you are already deemed to have paid (again £10) so will have no additional tax to pay. Therefore as a basic rate taxpayer, despite the rate of 10% being published, the effective rate on the net dividend is 0%, for a higher rate taxpayer the published rate is 32.5% but the effective rate is 25% of the net.
You aren't being double taxed - for example lets say you have a net profit of £100 (before tax), pay CT of £20 and distribute the rest as dividends. As a basic rate taxpayer you will end up with £80 in your pocket after all taxes (a tax rate of 20%). As a higher rate taxpayer you will then pay (an effective rate of 25%) on the £80 distributed, so a further £20 in personal tax (plus the original £20 CT on the net profit) so the total tax paid on net profit in this scenario is £40 (so 40%).
Hope this helps!
Craig
Originally posted by scrollock
View Post
As a basic rate taxpayer if you have a dividend of £100 (including the 10% tax credit) then you will be charged 10% tax on the value (so £10) but will then be given credit for the tax that you are already deemed to have paid (again £10) so will have no additional tax to pay. Therefore as a basic rate taxpayer, despite the rate of 10% being published, the effective rate on the net dividend is 0%, for a higher rate taxpayer the published rate is 32.5% but the effective rate is 25% of the net.
You aren't being double taxed - for example lets say you have a net profit of £100 (before tax), pay CT of £20 and distribute the rest as dividends. As a basic rate taxpayer you will end up with £80 in your pocket after all taxes (a tax rate of 20%). As a higher rate taxpayer you will then pay (an effective rate of 25%) on the £80 distributed, so a further £20 in personal tax (plus the original £20 CT on the net profit) so the total tax paid on net profit in this scenario is £40 (so 40%).
Hope this helps!
Craig
Comment