Tier 1 Extension through Limited Company: less salary and mo

[bond_007]

Hi All,

I am currently working as IT Contractor and have my own limited company and I am 100 % shareholder of the company.

My Tier 1 Visa expires in Feb 2013.
I have plan to apply for visa extension in Jan 2013 and show the 12 months earning period as Feb 2012 till Jan 2013

My earning will be a combination of both salary and dividend.
As per point based calculator I need to show minimum earning of £55,000 to qualify for the extension.

If I show minimum salary of 7800 (650 per month) and remaining £47,200 as dividend,
will that be considered as tax evasion and will be disqualified for tier 1 extension.

I heared that there is some IR 35 rule which says 90% of the earnings might be in the form of salary and not divident.

Though I agree that visa issuing authority and tax authority(HMRC) are different, I want to minimize the risk of
visa extension rejection whereever possible

I heared that traffic violation or penality is considered as one of factor for disqualification for visa extension. So want to avoid
any factor that might influense visa extension


Is there any one who showed minimum salary of 650 per month and remaining divident, got thier visa extended?

Please advise me on this


Thanks
Mohan

[AccountantMatthew]

If I show minimum salary of 7800 (650 per month) and remaining £47,200 as dividend,
will that be considered as tax evasion and will be disqualified for tier 1 extension.

No - it's not tax evasion(!) The tax planning done here is perfectly legal and is commonplace amongst one man contractor companies. It's a big reason why many people choose this type of business structure.

I heared that there is some IR 35 rule which says 90% of the earnings might be in the form of salary and not divident.

No. IR35 is concerned with employment status and has nothing to do with payment of salary and dividends. You can pay whatever salary you wish and, providing you have enough profits retained in the business to do so, you can pay whatever dividends you wish.

You receive salary as an employee/officer of the company and you receive dividends as a shareholder of the company.

Is there any one who showed minimum salary of 650 per month and remaining divident, got thier visa extended?

Many out there have - your situation is far from unique. I've completed countless letters where the salary has been lower than this.

All the best.

[bond_007]

Thanks for quick reply. Now I can safely show less salary and more divident

If I show minimum salary of 7800 (650 per month) and remaining £47,200 as dividend,
will that be considered as tax evasion and will be disqualified for tier 1 extension.

No - it's not tax evasion(!) The tax planning done here is perfectly legal and is commonplace amongst one man contractor companies. It's a big reason why many people choose this type of business structure.

I heared that there is some IR 35 rule which says 90% of the earnings might be in the form of salary and not divident.

No. IR35 is concerned with employment status and has nothing to do with payment of salary and dividends. You can pay whatever salary you wish and, providing you have enough profits retained in the business to do so, you can pay whatever dividends you wish.

You receive salary as an employee/officer of the company and you receive dividends as a shareholder of the company.

Is there any one who showed minimum salary of 650 per month and remaining divident, got thier visa extended?

Many out there have - your situation is far from unique. I've completed countless letters where the salary has been lower than this.

All the best.