In Need of a little Help (or a lot)

In Need of a little Help (or a lot)

Postby cmcat on Wed Jan 25, 2012 6:47 pm

Hi everyone. I am hoping some could help me sort out a bit of a mess that I have now found myself in (actually created for myself I didn’t just wake up in it). I would be extremely obliged if some of you could point in the right direction (which is obviously a Tax adviser or accountant but I will need to do the donkey work on this myself) and will happily pay someone here to help me sort this out. The story is as follows:
I work in a self-employed capacity and have done for a few years. (Self-Assessment up to date 09-10).
I formed a limited company for my business around the end of Sept 2010.
I did not really commence trading under the limited company until Jan 2010.
I have not completed any forms for return to HMRC in relation to the company. (I am aware that there was a form (Name escapes me that should have been returned).
I opened a separate bank account for the company but did not begin using it until July 2011 and hence have ran income and expenditure for the company through the business account held prior.
I have used the company account like a personal Bank current account since I began using it, i.e switched payments for the Chinese on a Friday night or getting a round in at the pub.
I continue to receive residual income into the old self-employed business account.
My car is in my name not the companies. I pay for diesel from the company account (90%0 of the time.
I bought a few equipment items while self -employed and now use under the ltd.
I had a personal loan taken under myself employment part of which I used for the Ltd.
My business income is mostly made up of commission on the sale of Insurance contracts.
I have taken no salary as such from the Ltd but do have those pints and Chinese’s etc. paid from the Ltd account.
Questions are as follows:
Can I continue to operate as self-employed and invoice the company for my own commission payments?
How best do I segregate what are the old self-employed items and what are the companies?
What should I do in relation to the form that was never sent to HMRC (CT14 or something like that).
Am I right in saying that my company tax return is due around the end of June 2012 (i.e 8months from the end of the accounting period which is 12months after the company was created.
is there a way I can just have the company take over the old self-employment business (there is no property involved) and if I can do this: is it wise?
How should I deal with the computer equipment, Car and loan etc.

I realise this is a lot of info to request but again I’ll happily do the donkey work get everything in order and pay someone to help me produce the company accounts file the return etc. With the 31st looming I need to get the self-assessment done and fear mucking things up between the Ltd and SA.
I need to get this sorted, draw a line under it and move forward in the correct mannerism.
cmcat
 
Posts: 2
Joined: Wed Jan 25, 2012 6:45 pm

Re: In Need of a little Help (or a lot)

Postby pawncob on Wed Jan 25, 2012 9:41 pm

Has the company traded? Have you issued any invoices in the company name?
Because you mixed up company and S/E matters, it would be beneficial if all the income and expenses could be dealt with on a S/E basis. Disentangling S/E from company will be a difficult, expensive task, which will result in penalties and costs which you don't want to suffer.
Try and treat everything as S/E. If you can justify the company as being dormant you're home and dry.

If the company has traded then you'll have to separate each transaction and allocate it to the right entity, charging all personal expenses to Directors Loan a/c, dealing with PAYE for any remuneration paid etc. This will result in a load of penalties for failure to comply with PAYE regs etc.
With a pinch of salt take what I say, but don't exceed your RDA
pawncob
 
Posts: 2262
Joined: Wed Aug 06, 2008 4:06 pm
Location: West Sussex

Re: In Need of a little Help (or a lot)

Postby cmcat on Thu Jan 26, 2012 12:36 pm

The company has traded from Jan 2011. I have taken no salary from the company and what has came out isn't enough to repay directors loan account if I thats where I allocate it. Does this help me?
cmcat
 
Posts: 2
Joined: Wed Jan 25, 2012 6:45 pm

Re: In Need of a little Help (or a lot)

Postby pawncob on Thu Jan 26, 2012 1:38 pm

the problem is that all the company transactions since January 2011 have been through your a/c and these will need to be treated as the company's. So all sales made (banked in your a/c) will be treated as withdrawals from D.L.A. because you've had the company's money. This will mean that monies have been paid to you without PAYE being deducted. You need to re-write the books to reflect the true position. I suggest you need a competent book-keeper and an accountant to put this right.
With a pinch of salt take what I say, but don't exceed your RDA
pawncob
 
Posts: 2262
Joined: Wed Aug 06, 2008 4:06 pm
Location: West Sussex


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