Declaring and Paying Dividends Print

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Distributing profits to shareholders.

WHAT A DIVIDEND IS

A distribution of profits to shareholders.

WHAT IT REQUIRES

Sufficient distributable profits A proper decision Documentation

WHY DISTRIBUTABLE PROFITS MATTER

Dividends paid without them are unlawful and may be recoverable.

WHAT DISTRIBUTABLE PROFITS MEANS

Accumulated realised profits, less accumulated realised losses.

WHAT THAT IS NOT

Cash in the bank.

WHY THAT DISTINCTION MATTERS

A company can have cash and no distributable profits.

WHAT TO ESTABLISH BEFORE DECLARING

That profits exist, by reference to accounts.

WHAT TO PREPARE

Accounts supporting the decision, where the position is not obvious.

WHAT THE PROCESS TYPICALLY INVOLVES

Directors recommending, and members approving, or directors declaring interim dividends per the constitution.

WHAT TO DOCUMENT

The decision, the amount, the date and the shareholders entitled.

WHAT TO ISSUE

A dividend voucher to each shareholder.

WHY

It evidences the payment and its nature, for tax purposes.

WHAT TO ESTABLISH ABOUT TAX

Withholding obligations, where they apply.

WHY

Failure to withhold and remit creates liability.

WHAT TO AVOID

Taking money regularly and calling it dividends without any process.

WHY

It is not a dividend, and it is treated otherwise.

WHAT TO ESTABLISH

A proper process, applied each time.

WHAT TO CONSIDER

The balance between salary and dividends.

WHAT TO TAKE ADVICE ON

That balance, because it affects tax substantially.


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