Starting the business

The way abusiness is taxed is dependent on whether it is atrading business or an investment business. The majority of owner-managed businesses are likely to be trading businesses.

The difference between carrying on atrading business or an investment business is generally more significant for individuals than for companies. For individuals, the distinction is perhaps more important than ever because of the large difference between the top rate of income tax of 45% and capital gains tax of 20%. Company profits are taxed at the company’s marginal rate of tax regardless of the type of profits, but there are differences in the rules relating to investment and trading businesses, eg loss relief rules.

The interpretation of what is meant by the term ‘trade’ has been left largely to the courts. The courts have developed anumber of tests to determine whether somebody is trading. These tests are known as the ‘badges of trade’.

Property businesses are taxed in the same way as trades and therefore the same tests apply in determining whether property transactions are trading in nature. For more information on determining whether there is atrade, see the Badges of trade guidance note and Simon’s Taxes B1.401 onwards (subscription sensitive).

Regardless of the choice of business vehicle, starting in business imposes anumber of obligations, both one-off and ongoing. For more information, see the Business compliance guidance note.

Some while ago, HMRC detected agrowing trend for individuals to provide what were essentially employment services through the