Crediting Salary & Dividend to pay back Director's Loan.
I have just set up in practise and have my first client to serve :) As expected, things are quite ugly and I probably won't be paid but such is life :(
He set up a service company and the first year closed in September 2011. He has been receiving payments into this business bank accounts and then using this for personal and business expenses (transfers into this personal account / pays off personal credit cards using the business bank account). He says he's been doing this "willy nilly" although I struggle to understand what human appendage has to do with keeping your tax affairs in order.
I intend to prepare the Corporation Tax return for y/e September 2011 based on the business related transactions from his corporate and personal bank account statements. Anything personal will go into the Directors Loan account and declared on this return as unpaid. The Corporation Tax due will be paid by 1st July 2012 and the return submitted by this date in iXBRL format. I assume therefore nothing is due to HMRC under self-assessment for the 11/12 tax year.
I then intend to credit the Directors Loan account with salary (upto personal allowance) and dividend (the rest) on 30th April 2012. Does the PAYE/NIC on the salary become due in May 2012 and the tax on dividends (assuming he's drawn lots and has become higher rate tax payer) in the self-assessment for the 12/13 tax year?
So that is my main question, in addition:
Is my approach above sound and the same as what you would do?
What should I watch out for? e.g. I should review his contract and make sure he's not caught out by IR35.
Could you help me give an idea as to how much would be a fair fee for this client? A highly subjective question I know, but any guidance would be appreciated; even maybe typical number of hours you would charge if this was not fixed fee.
I believe he should have done his Annual Return within 28 days of his legal return date of 30th September. So that's a criminal offense. I also believe he should have submitted CT41G by December 2010 (i.e. 3 months after trading) but hasn't. Now that I'm being appointed, should I just submit these as soon as possible and wait for any consequences? In reality what is likely to happen?
OK so thank you all in advance for your help and guidance.