Category: Business

Loans to Participators

There are special rules to prevent close companies, generally companies controlled by a small group of individuals, from allowing directors or shareholders to take money out of the company without paying the appropriate tax. Under CTA10/S455, if a close company makes a loan to participators (typically a shareholder, director or someone with significant influence) it can be liable to pay tax on that transaction.

The S455 charge does not automatically make the loan a distribution or income for the recipient, but the company must account for the tax. Some limited exceptions exist, such as loans made in the ordinary course of a lending business.

If a loan remains outstanding beyond nine months and one day after the end of the company’s accounting period, the company must pay a tax charge, calculated as a percentage of the loan amount. This ensures that short-term loans that are quickly repaid do not trigger the charge. The tax is calculated on each new loan or benefit in an accounting period, not the total outstanding balance.

Loans to directors or employees on beneficial terms may also create additional tax liabilities under employment income rules. Companies must include any S455 liability in their Corporation Tax return.

Simplified expenses on motor vehicles

There are simplified expenses arrangements available for sole traders and business partnerships (with no corporate partner) that allow the use of fixed mileage rates instead of working out the actual costs of buying and running a vehicle (such as fuel, insurance, servicing and repairs). This simplified method is optional, but if you choose to use it for a specific vehicle, you must continue to use it for that vehicle for as long as it is used for business purposes. The simplified expenses regime is not available to limited companies or partnerships involving a corporate partner.

Under simplified expenses, the following flat rates per business mile are available for vehicle costs that are wholly and exclusively for business use:

The number of people in the vehicle does not affect the rates above. The rates are only available for journeys, or any identifiable part or proportion of a journey, that are wholly and exclusively for business purposes. For example, travel from home to work is not a qualifying journey.

The self-employed can continue to claim for other costs not covered by the flat rate for mileage such as parking, tolls, and congestion fees as well as other separate travel expenses such as train journeys.

What is a UK property business

The income generated from land or property in the UK is treated as arising from a UK property business. The underlying legislation defines this broadly to include all activities that produce rental income or similar receipts from UK land, whether the taxpayer is subject to Income Tax or Corporation Tax.

Although property income is treated as coming from a business, landlords are not generally regarded as trading unless they meet the normal trading tests. As a result, most trading-related tax reliefs, such as certain Capital Gains Tax reliefs, do not usually apply. Property business profits are instead calculated using principles similar to those for trading profits.

Since the 2017–18 tax year, the cash basis is the default method for calculating profits and losses for most individual landlords. However, companies and some other landlords must still use Generally Accepted Accounting Practice (GAAP).

A wide range of persons can carry on a UK property business, including individuals, partnerships, trustees, companies and non-residents with UK property income. Using an agent does not change who is treated as carrying on the business.

In most cases, all UK property income is treated as part of one single property business, allowing income and expenses across different properties to be combined. UK and overseas property, however, are treated as separate businesses. Activities carried out in different legal capacities, such as personally, as a partner or as a trustee, are also treated as separate property businesses for tax purposes.

What is a salaried member of an LLP

The salaried member legislation applies to certain members of a Limited Liability Partnership (LLP) whose terms of membership are more like an employee than a partner. To be a salaried member, the individual must perform services for the LLP in their capacity as a member.

The legislation uses a three-part test. If all three conditions apply, the member is classified as a salaried member for tax purposes:

• Condition A – Disguised salary: At least 80% of the member’s pay is fixed, or any variable amounts do not vary in line with the LLP’s overall profits or losses.
• Condition B – Lack of influence: The member has no significant influence over the LLP’s affairs.
• Condition C – Insufficient capital stake: The member’s capital contribution is less than 25% of their expected reward package.

If a member can show that at least one condition does not apply, they continue to be treated as a partner.

The rules do not apply to:

• Companies
• Individuals who do no more than invest money
• Individuals who no longer provide services for the LLP but continue to receive a profit share

HMRC examples illustrate that remuneration linked to overall firm profits, rather than individual performance, does not create a salaried member situation. Professional qualifications or experience are also irrelevant, what counts is the member’s role and risk exposure in the LLP.

New 40% First Year Allowance now in force

The new 40% First Year Allowance came into force from 1 January 2026. This marks an important development for businesses investing in plant and machinery. The new allowance was first announced at Autumn Budget 2025 and is intended to encourage continued capital investment while changes to other capital allowance rates take effect.

This means that since 1 January 2026, businesses can claim a 40% First Year Allowance on qualifying main-rate plant and machinery expenditure. This provides an immediate deduction against taxable profits in the year the asset is acquired, improving cash flow and bringing forward tax relief.

A key feature of the new allowance is its broad availability. It applies to assets acquired for leasing, which were excluded from full expensing, and it is also available to unincorporated businesses such as sole traders and partnerships, who were unable to benefit from the full expensing regime. The allowance has been introduced on a permanent basis, providing greater certainty for long-term investment and capital planning.

The new 40% First Year Allowance sits alongside existing reliefs, including full expensing for companies and the Annual Investment Allowance. Taking advice before committing to significant investment can help maximise available reliefs and avoid any missed opportunities.

Expenses for the self-employed

If you are self-employed, knowing which everyday costs you can legitimately claim can make a real difference to how much tax you end up paying.

The question of which costs you can claim against your self-employed business is a common one. If you are self-employed it is important to be aware if an expense is allowable or not. Any allowable costs can be used to reduce your taxable profit.

HMRC lists the following office expenses as being allowable:

• office costs, for example stationery or phone bills
• travel costs, for example fuel, parking, train or bus fares
• clothing expenses, for example uniforms
• staff costs, for example salaries or subcontractor costs
• things you buy to sell on, for example stock or raw materials
• financial costs, for example insurance or bank charges
• costs of your business premises, for example heating, lighting, business rates
• advertising or marketing, for example website costs
• training courses related to your business, for example refresher courses

If you work from home, you may also be able to claim a proportion of your costs for things including heating, electricity, Council Tax, mortgage interest or rent and internet and telephone use. You will need to adopt a fair and reasonable approach to apportioning your costs, such as by reference to the number of rooms used for business purposes or the proportion of time you work from home.

Pre-trading expenditure for companies

Starting a new business can be expensive, but many of your pre-trading costs may qualify for tax relief if they meet the right conditions.

There are special tax reliefs for pre-trading expenses that are incurred before a business starts trading. This could include expenses that are required to help a business prepare for trading such as buying stock and equipment, renting premises, getting insurance and initial advertising expenditure. 

A deduction may be allowed where the following conditions are met: 

• The expenditure is incurred within a period of seven years before the date the trade, profession or vocation commenced, and
• the expenditure is not otherwise allowable as a deduction in computing the profits of the trade, profession or vocation but would have been so allowable if incurred after the trade had commenced.

To be allowable, the pre-trading expenditure must be incurred wholly and exclusively for the purposes of the relief. To be clear, this means that no relief would be allowed where pre-trading expenses would not have been tax deductible if they had been incurred when the business was trading. The business should keep accurate records relating to pre-trading expenditure to be able to demonstrate that the expenses are qualifying.

The qualifying pre-trading expenditure is treated as incurred on the day on which the trade, profession or vocation is first carried on. 

Capital expenditure does not qualify for this relief but there are other special provisions for capital allowances. 

HMRC contacting sole traders

HMRC is currently contacting certain sole traders by email to reiterate the importance of adjusting business expenses for personal use.

The email explains:

• why personal use must be adjusted on your self-assessment tax return; and
• what you need to do if your business expenses cover business and personal use.

The email also includes links to GOV.UK for more detailed information on personal use adjustments and allowable expenses. This is a genuine email that HMRC recently sent (from 20 October 2025 up to and including 7 November 2025).

This is an important reminder for sole traders. In general, if sole traders use something for both business and personal reasons, they can only claim allowable expenses for the business costs.

However, there are simplified arrangements available to sole traders for claiming a fixed rate deduction for certain expenses where there is a mix of business and private use. The simplified expenses regime is not available to limited companies or business partnerships involving a limited company.

Simplified flat rates can be used for working from home and for the business costs of vehicles. This method saves having to calculate the proportion of personal and business use.

The current monthly flat rates are based on the amount of business use of the home:

• 25 to 50 hours worked per month can claim – £10
• 51 to 100 hours worked per month can claim – £18
• 101 or more hours worked per month can claim – £26

Under simplified expenses, there are the following flat rates per mile available. These rates can be used instead of working out the actual costs of buying and running your vehicle, e.g. insurance, repairs, servicing, fuel.

• Cars and goods vehicles first 10,000 miles – 45p
• Cars and goods vehicles after 10,000 miles – 25p
• Motorcycles – 24p

Whilst using the flat rates is not compulsory, once a decision is made to use the simplification for a specific vehicle this must continue to be used for a vehicle as long as that vehicle is used for business purposes.

We would be happy to help you ascertain whether using simplified expenses or claiming based on actual costs incurred is more beneficial for your business.

Building value in your business

For many small business owners, the focus is on day-to-day operations. However, building long-term value is just as important, whether your aim is to sell in the future, attract investors, or secure better financing.

Focus on profitability and cash flow
Strong profits are essential, but reliable cash flow is often more important to potential buyers or lenders. Keep tight control over expenses, reduce debtor days, and ensure pricing reflects the value you provide.

Develop recurring revenue
Income that is predictable and repeatable, such as subscription models or service contracts, increases business stability and value. It also makes forecasting more accurate and planning easier.

Strengthen your customer base
Avoid over-reliance on one or two major customers. A broad, loyal client base reduces risk and makes your business more attractive to others.

Build a strong management team
A business that depends too heavily on its owner can be harder to sell and less valuable. Train and empower staff so that the business can operate smoothly without you.

Protect your brand and processes
Invest in your reputation, intellectual property, and efficient systems. Documenting processes and having clear contracts with suppliers and customers adds professionalism and reduces uncertainty.

Plan ahead
Value is built over years, not months. Regularly review your strategy and financial performance and seek advice from your accountant to ensure every decision supports long-term growth.

Taxation of entertainment expenses

Many business gifts and hospitality costs are not tax-deductible under current rules.

Entertainment expenses including providing hospitality and business gifts are common, but the taxation of these expenses is strictly governed by HMRC.

For businesses carrying on a trade, HMRC legislation generally prohibits tax deductions for client entertainment. If an employee receives a dedicated allowance or is reimbursed specifically for entertaining clients, the expense is generally disallowed when calculating the employer's tax liability.

Meals consumed by the employee during valid entertaining occasions are typically not taxed separately. But if entertainment is deemed personal or social in nature for instance, entertaining personal friends or business acquaintances then the reimbursement becomes taxable income for the employee. Reciprocal business entertaining between business acquaintances that lacks a clear commercial purpose also falls into this category even if some business topics happen to be discussed.

Where an employer provides a round sum allowance not explicitly for entertaining, and the employee uses it for such purposes, tax liability may instead fall on the employee. This includes not only the direct cost of entertaining but also any incidental expenses such as transport or venue hire.

Entertainment includes hospitality and business gifts, except for free samples used to advertise to the general public. Gifts that clearly display an advertisement for the donor may qualify for a limited exemption. However, this exemption does not apply to gifts of food, drink, tobacco, or vouchers, and the total cost per recipient must not exceed £50 per year.

Anyone claiming an exemption for entertaining expenses should keep clear records detailing the amount spent, who was entertained and the business reason behind the expense to support any claim.