Being a social enterprise, specifically
Speaker:a not-for-profit community interest
Speaker:company does not give you a free ride
Speaker:when it comes to tax.
Speaker:If you are indeed running a not-for-profit, a
Speaker:community interest company perhaps,
Speaker:then this episode is right up your street.
Speaker:Now, today's episode, I'm gonna be diving
Speaker:into one of the most misunderstood topics
Speaker:in the world of cics.
Speaker:And that is in terms of taxation, it's quite
Speaker:a common question for a lot of my clients
Speaker:who run community interest companies to
Speaker:think that they are not subject to taxation.
Speaker:Unfortunately, that's not the case.
Speaker:I wanna start off with the basics about what
Speaker:a community interest company actually is.
Speaker:A CIC now, it's a special type of limited company,
Speaker:which is created to serve the community.
Speaker:It blends the best of both worlds.
Speaker:I. This is structure with social purpose.
Speaker:Think it like that bridge between a
Speaker:traditional for-profit company and a charity.
Speaker:It's not quite one or the other.
Speaker:And Serious Sea are designed to make a
Speaker:difference and often tackle social or
Speaker:environmental issues.
Speaker:But here's a key point, just because
Speaker:you're doing good.
Speaker:It doesn't mean you are off the tax man's radar.
Speaker:You are out of their grid.
Speaker:Now let's break it down.
Speaker:We'll look at firstly at CIS and Corporation
Speaker:Tax, and I mentioned corporation tax because
Speaker:CIS are companies and they're subject to
Speaker:the corporation tax regime, a great deal
Speaker:of cis will operate income through trading,
Speaker:like selling services, running workshops.
Speaker:Offering consulting or even selling
Speaker:products, that income that's generated
Speaker:minus the allowable expenses becomes the
Speaker:surplus or profit.
Speaker:To give it its alternative term.
Speaker:And here's the myth that I'm gonna sort
Speaker:of bust for you.
Speaker:Being a CIC in itself does not exempt you from
Speaker:paying corporation tax.
Speaker:You're still seen as a company.
Speaker:You still need to find your accounts,
Speaker:by the way.
Speaker:And if you make a profit, you will pay corporation
Speaker:tax as a default, just like any other.
Speaker:Private limited company would do.
Speaker:Now, current corporation tax rates in the United
Speaker:Kingdom for a single company range between up
Speaker:to 19% when you've got profits of up to 50 k,
Speaker:25% if it's over 250, and then you get something
Speaker:in the middle, which is called tax at 25% less
Speaker:what's called a marginal relief reduction.
Speaker:And remember, if you are making profits,
Speaker:which in itself is not a bad thing.
Speaker:It means you're going along the right lines,
Speaker:you are sustainable.
Speaker:So paying tax is not necessarily an
Speaker:indication of failure.
Speaker:It's an indication of success, what
Speaker:masses is, how you've managed that profit and
Speaker:what you do with it.
Speaker:And that's where the CIC model for other people.
Speaker:It's a very powerful thing.
Speaker:Now, gonna talk about grants later on in this
Speaker:podcast, by the way, but let's park that one
Speaker:for now and let's look at the next tax VAT.
Speaker:Or to give it its alternative term,
Speaker:very awkward tax.
Speaker:Now, VAT is a tax that catches out many cis,
Speaker:and if I was, to be brutally honest, here,
Speaker:catches out a lot of businesses per se.
Speaker:Now, if your income predominantly comes from
Speaker:grants or donations.
Speaker:Then you may think that that doesn't apply to
Speaker:you, and in some cases that's largely true.
Speaker:When we look at the necessity of having
Speaker:to register for VAT is based on the level
Speaker:of VAT turnover over a rolling 12 month basis,
Speaker:grants or donations are not included in
Speaker:that calculation.
Speaker:However, if you earn money from selling goods
Speaker:or services, you do need to track your turnover.
Speaker:You do need to review that turnover.
Speaker:You do not want it to go over 90,000 pounds over a
Speaker:rolling 12 month period.
Speaker:If it does, then you've got to register
Speaker:for V-A-T-V-A-T is not dependent on
Speaker:profitability, is based on the level
Speaker:of VA turnover.
Speaker:As a side note, by the way, you can.
Speaker:If it's appropriate for your business and you
Speaker:appropriate for your business model, volunteer
Speaker:to register for VAT.
Speaker:More of that in a different podcast.
Speaker:Now, VA registration does allow you to claim
Speaker:VAT on what you buy in, which can be handy,
Speaker:but it also means you need to start charging
Speaker:VAT to your customers and doing VAT returns.
Speaker:Now if your end.
Speaker:Community, your end client, your end customer
Speaker:is not VAT registered, then obviously that's
Speaker:gonna be a very expensive burden.
Speaker:Remember, A CIC doesn't give you an automatic
Speaker:VAT exemption that might apply to some
Speaker:charities but not cics.
Speaker:So be mindful, keep your income reviewed
Speaker:on a regular basis.
Speaker:Digital accounting helps you to do that
Speaker:and keep an eye on that VA threshold.
Speaker:Now let's look at the situation when it comes
Speaker:to employing people and that includes yourself.
Speaker:But if you're growing excellent, that means
Speaker:that you might then move towards more having staff
Speaker:employees as opposed to subcontractors.
Speaker:And if you do employ people, the system
Speaker:of PAYE or pay as you earn comes into
Speaker:play if you decide.
Speaker:And there are good economic grounds for
Speaker:thinking to do so.
Speaker:You are wanting to recruit staff
Speaker:employees that might be indicative of your
Speaker:funding arrangement.
Speaker:It might suit your business model better.
Speaker:Then you've gotta register as an
Speaker:employer with HMRC.
Speaker:You've gotta operate a payroll.
Speaker:Deduct the appropriate amount of tax
Speaker:national insurance from your employees.
Speaker:Pay employees national insurance contributions.
Speaker:And from 24 25 onwards, the rules have changed.
Speaker:So if your employees earn more than 5,000 pounds
Speaker:in a year, then you are subject to employer's
Speaker:national insurance.
Speaker:You may be entitled to an allowance, which
Speaker:will mitigate that, but employer's national
Speaker:insurance kicks in at 15 percentage points.
Speaker:Obviously, other things such as employment
Speaker:contracts, national insurers also will
Speaker:come into play, as well as contracts of
Speaker:employment, holiday pay, pension entitlements,
Speaker:and the like.
Speaker:Now if you're hiring freelancers or
Speaker:contractors, by the way, be very careful.
Speaker:You as the engager need to do the assessment
Speaker:and the status test on that individual to see
Speaker:if they actually comply, and they are legitimately
Speaker:freelancers more that on a different episode.
Speaker:It's about the working relationship you
Speaker:follow the control, the rules, and the
Speaker:equipment that's used.
Speaker:I'll unpack that in a future episode,
Speaker:but for now, no.
Speaker:It is not your choice or your employee's choice or
Speaker:your freelancer's choice.
Speaker:It's the criteria that decides that.
Speaker:I wanna take a step back here and just look
Speaker:at the idea that not all cics are the same.
Speaker:Please do check out the previous episodes where
Speaker:we talk about this, but some cics are either
Speaker:limited by guarantee or thereby share capital.
Speaker:Now, if you're limited by guarantee.
Speaker:You don't have shareholders.
Speaker:Instead, you have members.
Speaker:There's no profit distribution allowed,
Speaker:and all surpluses are reinvested back into
Speaker:your community purpose.
Speaker:Now, if you're limited by shares,
Speaker:you can pay dividends.
Speaker:There is a cap on them, a legal dividend cap set
Speaker:by the regulator to make sure you're not actually
Speaker:masquerading as a private business, but as a
Speaker:true social enterprise.
Speaker:Either way, any dividends paid to
Speaker:shareholders are not tax deductible expenses,
Speaker:so they don't reduce your corporation tax.
Speaker:So choose the structure carefully and think
Speaker:about what your long-term mission is.
Speaker:We've dealt with clients who have both cics that
Speaker:are registered by shares and also ones that are
Speaker:limited by guarantee.
Speaker:I mentioned earlier on in the podcast I
Speaker:was gonna talk about grants, so let's crack
Speaker:on with that now.
Speaker:Now grants of I, for many cis, it's not unusual.
Speaker:All the cis that I've looked after will
Speaker:always have a grant component as part of
Speaker:their income stream.
Speaker:Those grants come from local authorities,
Speaker:trust foundations, public bodies, bodies
Speaker:like the arts council.
Speaker:But how does that work when it comes to
Speaker:tax and accounting?
Speaker:Well, if a grant is for a specific project, it's
Speaker:in conversation terms classified as restricted
Speaker:income, which means you can only use it
Speaker:for an agreed purpose.
Speaker:When you report that in your accounts,
Speaker:you recognize the income in the year
Speaker:the activity occurs.
Speaker:So if a funder gives you 30 grand for a year long
Speaker:project, but you've only delivered half of that,
Speaker:then by the end of the financial year, only half
Speaker:will be shown as income.
Speaker:The other half will be called deferred income.
Speaker:Now most grants will not count towards
Speaker:VAT turnover for the registration limits.
Speaker:Unless there's an element of service delivery, the
Speaker:devil is in the detail.
Speaker:Now, girls don't give you a get out
Speaker:of tax free card.
Speaker:They may be non-taxable, but if you generate
Speaker:a surplus from them, then tax rules
Speaker:could still apply.
Speaker:In my experience, if your organization is
Speaker:funded mainly by grants, they're gonna be profit
Speaker:neutral on the grounds.
Speaker:That when a grant application is made,
Speaker:there's a budget that's presented to the funder
Speaker:and the cost should match the grant income.
Speaker:Now, that's a very simple overview, but it's
Speaker:worth bearing in mind.
Speaker:Now, here's some tips to think about.
Speaker:If you are running a CIC and you wanna get
Speaker:involved in a bit of smart tax planning, I.
Speaker:Clarity of records always keep good
Speaker:records from day one.
Speaker:Again, my preference is always for an
Speaker:organization to have a system set up that's
Speaker:fit for purpose, and a digital cloud
Speaker:accounting system is gonna fit the bill.
Speaker:Number two, plan for those tax bills.
Speaker:If you do make a surplus, put money aside for the
Speaker:corporation Tax a ahead.
Speaker:Rule of thumb, put away for argument's
Speaker:sake of 10% of all your turnover to deal with
Speaker:the corporation tax.
Speaker:Put that money to one side, put it on deposit.
Speaker:Earn a bit of interest as well, but don't
Speaker:wait until the deadline to Scrabble around
Speaker:finding the tax.
Speaker:Step number three or tip number three, to be more
Speaker:specific, understand what your obligations are.
Speaker:Corporation tax, V-A-T-P-A-Y-E.
Speaker:You are not exempt from those, and
Speaker:you've got obviously reporting framework of
Speaker:company's house HMRC and the CIC regulator.
Speaker:Tip number four, seek advice early.
Speaker:A CIC accountant, koff, or advisor will save you
Speaker:time, money, and stress.
Speaker:And lastly, remember making a profit a
Speaker:surplus and paying tax is not a bad thing.
Speaker:It means you're building something, a
Speaker:sustainable business that's gonna serve your
Speaker:community long term.
Speaker:So let's recap.
Speaker:Now, being a CIC does not exempt you
Speaker:from paying tax.
Speaker:You may be values led.
Speaker:Socially minded and community focused,
Speaker:but tax orders will still apply to you.
Speaker:Corporation tax is based on your profits.
Speaker:VAT is gonna apply to your trading income.
Speaker:If you employ staff, payroll is
Speaker:gonna be an issue.
Speaker:Your structure, whether it's by shares or
Speaker:guarantee, affects how the profits
Speaker:are distributed and grants, even though
Speaker:a vital component.
Speaker:May not be taxable in their own right, but you
Speaker:still need to account for them carefully.
Speaker:Get the right systems in place.
Speaker:Don't be scared, be knowledgeable and take
Speaker:strength from that.
Speaker:Ask questions and plan ahead.
Speaker:I. The folks.
Speaker:That's it for this episode of From Creating
Speaker:Your Passion to Profit.
Speaker:I hope it's helped clear the fog
Speaker:around cis and tags.
Speaker:If you found this episode useful, please do share
Speaker:it with your network.
Speaker:If you've got questions, I wanna dive deeper
Speaker:into your own numbers than head to the link
Speaker:in the show notes, book a call and until this
Speaker:time next week, plan it.
Speaker:Do it and profit.