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To ask how much I've fucked up? HMRC

137 replies

ohshit89 · 11/04/2025 19:29

Self employed, done something a bit stupid.

Basically I admit that for the past 5 years of being self employed I have really no idea how much I've potentially earnt that year until my accountant sends me draft self assessments after 5th April. There are things I could do to keep better on top of this obviously but it's really never mattered that much because profits have never been massive. Because of the structure of the business currently, any profit counts as my own income for SA purposes so even though I only "pay" myself a modest amount every month, my earnings are whatever profit the business has made.

Basically business has boomed this past year, which I am not complaining about but our accountant has done my SA and I have earnt in the last tax year over 100k (and I'm talking about a jump from under 30k last year to over £130k). I really was not expecting it, I was obviously aware business had taken off but really I did not expect that. I do not "pay" myself anywhere near that sort of money per month and while the business does have a good float I certainly couldn't have extracted that all from the business for personal use.

Onto the issue...for the last tax year I have claimed free nursery hours for my son and tax free childcare. I am aware I will need to pay it back and I of course have no problems in doing so but I have obviously (unintentionally) been telling HMRC that I earn under 100k for a whole year when I have infact earnt over.

Will there be an issue? A penalty? I know i really should have an idea myself of profits and this has really shocked me into making sure I keep a better track of it but when I selected that I earnt under 100k I genuinely believed that I did.

Do I call them or will they contact me when my SA is submitted?

OP posts:
TimeForTeaAndG · 11/04/2025 23:46

Well you'll be moved onto Making Tax Digital for Income Tax so you'll have quarterly returns from April 26 onwards. So at least you might have a better idea of what's happening...

YourAzureEagle · 11/04/2025 23:38

ohnowwhatcanitbe · 11/04/2025 23:36

It all depends on the business profit. There comes a time when corporation tax becomes preferable to being self-employed & paying higher rate income tax on the business profits.

I'm still amazed at the unlikely speed that the accountant has shown here, in producing draft figures only a week after the year-end.

Based on the fact the accountant seems to have failed to give any sage advice (no pun intended) to the OP on tax at this level and the benefit you correctly mention or indeed VAT, perhaps they have very few customers!!

ohnowwhatcanitbe · 11/04/2025 23:36

YourAzureEagle · 11/04/2025 22:44

For a lot of self employed there is no benefit at all to being a Ltd company, it offers of course protection against personal liability financially, but if your operation is solvent, you don't have loans etc. then there is no real protection, but more administration and complexity.

It all depends on the business profit. There comes a time when corporation tax becomes preferable to being self-employed & paying higher rate income tax on the business profits.

I'm still amazed at the unlikely speed that the accountant has shown here, in producing draft figures only a week after the year-end.

HAB75 · 11/04/2025 23:29

Always call HMRC first. Never allow them to chase you. They are very human when you call - I've had a couple of arseholes over the years, but mainly helpful human beings, especially if you ask them for help.

YowieeF · 11/04/2025 23:23

Why do you pay an accountant ?

CandidGreenSquid · 11/04/2025 23:23

Negroany · 11/04/2025 23:15

I can't think of a way any business is set up that all the profit counts as your income when you don't take it as income. That sounds like rubbish to me.

I purposely leave money in my business with a view to paying myself a salary in later years when I'm doing less. HMRC don't do performance appraisals and you don't have to have revenue to make salary payments, so of course you leave it in for the lean years, that's tax efficiency.

You pay corp tax on it though.

Have you never heard of a sole trader?

YourAzureEagle · 11/04/2025 23:20

Negroany · 11/04/2025 23:15

I can't think of a way any business is set up that all the profit counts as your income when you don't take it as income. That sounds like rubbish to me.

I purposely leave money in my business with a view to paying myself a salary in later years when I'm doing less. HMRC don't do performance appraisals and you don't have to have revenue to make salary payments, so of course you leave it in for the lean years, that's tax efficiency.

You pay corp tax on it though.

Its sole trader, not corporate, say I invoice £70K, deduct allowable expenses of £30K , my nett profit is £40K, so I pay tax on £40K.

Only the nett is the income, and it's your money, there is no separation between you and the business, the business assets are your personal assets, not that of a corporation.

It has lots of benefits, but once you get into VAT and higher tax brackets you are better off with a Ltd company and paying yourself via a dividend.

Negroany · 11/04/2025 23:15

I can't think of a way any business is set up that all the profit counts as your income when you don't take it as income. That sounds like rubbish to me.

I purposely leave money in my business with a view to paying myself a salary in later years when I'm doing less. HMRC don't do performance appraisals and you don't have to have revenue to make salary payments, so of course you leave it in for the lean years, that's tax efficiency.

You pay corp tax on it though.

Sweetandsaltycaroline · 11/04/2025 23:14

I do invoicing and VAT for our business . I don't know the exact profit until the accountant gives us the figures at the end of the year, although i normally have a rough idea from the accounting software. Money in our business account is not all profit. Weve been mostly overdrawn in the past, and still made a small profit. We claimed child benefit last year, but then went over the threshold and paid it back, I don't think there was any penalty.

YourAzureEagle · 11/04/2025 23:05

Mayflyoff · 11/04/2025 23:02

OP, you're getting some really confusing advice here. I'd ignore most of it and speak to your accountant. Ask about VAT, self assessment and mention that your income being under £100k is worth a lot in childcare to you.

If her accountant hasn't mentioned VAT or the benefits of being a Ltd company and taking dividends at near £100K she badly needs another accountant.

Genevieva · 11/04/2025 23:05

You can be a business without being incorporated. You css ask incorporate now. You can also put the excess in a pension or pay others for business related expenses etc. When her turnover is over c.70K there’s a VAT change too. Her accountant should update her monthly or quarterly. Not many people are financially literate.

Mayflyoff · 11/04/2025 23:02

OP, you're getting some really confusing advice here. I'd ignore most of it and speak to your accountant. Ask about VAT, self assessment and mention that your income being under £100k is worth a lot in childcare to you.

YourAzureEagle · 11/04/2025 23:02

JohnofWessex · 11/04/2025 22:59

In some ways its a nice problem to have

BUT

What might happen if the business went the other way - ie towards bankruptcy?

I suggest that you and/or the accountant need to get the finances under control, probably as suggested setting up a Company

Nothing, unless she has debts, then it can't go bankrupt, just produce lower returns or a loss, in which case her tax bill gets smaller to the point she gets a rebate on the payment in advance.

YourAzureEagle · 11/04/2025 23:00

Mayflyoff · 11/04/2025 22:59

OP isn't running a limited company, the OP appears to be a sole trader. It's a bit confusing for a sole trader to have a salary and profits, but it just sounds like the OP is splitting money into different bank accounts.

Yep, and just because she is doing that for her own purposes, the nett profit, wherever she is, is her income, and due tax paid on it.

Genevieva · 11/04/2025 22:59

Nursery benefits are based on your earnings, not your business’s turnover or profit. If the money has stayed in the business then you don’t have to do anything.

JohnofWessex · 11/04/2025 22:59

In some ways its a nice problem to have

BUT

What might happen if the business went the other way - ie towards bankruptcy?

I suggest that you and/or the accountant need to get the finances under control, probably as suggested setting up a Company

YourAzureEagle · 11/04/2025 22:59

LadyBracknellsHandbagg · 11/04/2025 22:53

I don’t understand any of this. My DH and I run our own business and the profit that your business makes is not the same thing as your salary 😳

’Because of the structure of the business currently, any profit counts as my own income for SA purposes so even though I only "pay" myself a modest amount every month, my earnings are whatever profit the business has made’.

This is just nonsensical, is your accountant professionally certified? Do you not keep records of how much you are actually taking from the business as your ‘pay’? Are you paid by dividend or PAYE or a mixture of both, are you a director of the company, is your company registered? What accounting system do you use?

As pp have already said, you have much bigger issues than some free nursery hours, not being registered for VAT for a start is much more serious. Running a business is not some idle hobby, you have to be across the details and have a decent accountant, ignorance of the law and correct procedure is not a mitigating factor as far as HMRC are concerned.

She's not a Ltd company, therefore the nett profit is her earnings, just because she only draws down a certain amount doesn't mean its not all classed as hers.

Mayflyoff · 11/04/2025 22:59

LadyBracknellsHandbagg · 11/04/2025 22:53

I don’t understand any of this. My DH and I run our own business and the profit that your business makes is not the same thing as your salary 😳

’Because of the structure of the business currently, any profit counts as my own income for SA purposes so even though I only "pay" myself a modest amount every month, my earnings are whatever profit the business has made’.

This is just nonsensical, is your accountant professionally certified? Do you not keep records of how much you are actually taking from the business as your ‘pay’? Are you paid by dividend or PAYE or a mixture of both, are you a director of the company, is your company registered? What accounting system do you use?

As pp have already said, you have much bigger issues than some free nursery hours, not being registered for VAT for a start is much more serious. Running a business is not some idle hobby, you have to be across the details and have a decent accountant, ignorance of the law and correct procedure is not a mitigating factor as far as HMRC are concerned.

OP isn't running a limited company, the OP appears to be a sole trader. It's a bit confusing for a sole trader to have a salary and profits, but it just sounds like the OP is splitting money into different bank accounts.

ntmdino · 11/04/2025 22:59

HisNibs · 11/04/2025 20:34

Tbh your bigger problem is that you're not registered for VAT (threshold is £90K) and HMRC are going to want their 20% (of everything) pronto. I'm guessing that you just give your accountant a pile of stuff once a year and let them sort it out. That won't do when you've more than quadrupled your turnover. If they've not mentioned VAT, bin them. Get it sorted quick because the fines will quickly add up. From HMRC...
"The penalties for failing to register for VAT on time depend on the degree of lateness in registering: Not more than 9 months late: The penalty is 5% of the due VAT. More than 9 months but not more than 18 months late: The penalty is 10% of the due VAT. More than 18 months late: The penalty is 15% of the due VAT"

Well, I guess the good news is that the VAT and penalties will probably sort out the childcare problem...

AquaPeer · 11/04/2025 22:57

nightmarepickle2025 · 11/04/2025 21:49

Anything you’ve bought for the business comes off your profits and is not taxable. Which your accountant should know. Or they are not an accountant!

This. What you’re saying makes no sense OP.

the tax feee childcare isn’t a big deal though you just pay it back if you need to

LadyBracknellsHandbagg · 11/04/2025 22:53

ohshit89 · 11/04/2025 19:29

Self employed, done something a bit stupid.

Basically I admit that for the past 5 years of being self employed I have really no idea how much I've potentially earnt that year until my accountant sends me draft self assessments after 5th April. There are things I could do to keep better on top of this obviously but it's really never mattered that much because profits have never been massive. Because of the structure of the business currently, any profit counts as my own income for SA purposes so even though I only "pay" myself a modest amount every month, my earnings are whatever profit the business has made.

Basically business has boomed this past year, which I am not complaining about but our accountant has done my SA and I have earnt in the last tax year over 100k (and I'm talking about a jump from under 30k last year to over £130k). I really was not expecting it, I was obviously aware business had taken off but really I did not expect that. I do not "pay" myself anywhere near that sort of money per month and while the business does have a good float I certainly couldn't have extracted that all from the business for personal use.

Onto the issue...for the last tax year I have claimed free nursery hours for my son and tax free childcare. I am aware I will need to pay it back and I of course have no problems in doing so but I have obviously (unintentionally) been telling HMRC that I earn under 100k for a whole year when I have infact earnt over.

Will there be an issue? A penalty? I know i really should have an idea myself of profits and this has really shocked me into making sure I keep a better track of it but when I selected that I earnt under 100k I genuinely believed that I did.

Do I call them or will they contact me when my SA is submitted?

I don’t understand any of this. My DH and I run our own business and the profit that your business makes is not the same thing as your salary 😳

’Because of the structure of the business currently, any profit counts as my own income for SA purposes so even though I only "pay" myself a modest amount every month, my earnings are whatever profit the business has made’.

This is just nonsensical, is your accountant professionally certified? Do you not keep records of how much you are actually taking from the business as your ‘pay’? Are you paid by dividend or PAYE or a mixture of both, are you a director of the company, is your company registered? What accounting system do you use?

As pp have already said, you have much bigger issues than some free nursery hours, not being registered for VAT for a start is much more serious. Running a business is not some idle hobby, you have to be across the details and have a decent accountant, ignorance of the law and correct procedure is not a mitigating factor as far as HMRC are concerned.

reluctantlogin · 11/04/2025 22:52

ohshit89 · 11/04/2025 19:29

Self employed, done something a bit stupid.

Basically I admit that for the past 5 years of being self employed I have really no idea how much I've potentially earnt that year until my accountant sends me draft self assessments after 5th April. There are things I could do to keep better on top of this obviously but it's really never mattered that much because profits have never been massive. Because of the structure of the business currently, any profit counts as my own income for SA purposes so even though I only "pay" myself a modest amount every month, my earnings are whatever profit the business has made.

Basically business has boomed this past year, which I am not complaining about but our accountant has done my SA and I have earnt in the last tax year over 100k (and I'm talking about a jump from under 30k last year to over £130k). I really was not expecting it, I was obviously aware business had taken off but really I did not expect that. I do not "pay" myself anywhere near that sort of money per month and while the business does have a good float I certainly couldn't have extracted that all from the business for personal use.

Onto the issue...for the last tax year I have claimed free nursery hours for my son and tax free childcare. I am aware I will need to pay it back and I of course have no problems in doing so but I have obviously (unintentionally) been telling HMRC that I earn under 100k for a whole year when I have infact earnt over.

Will there be an issue? A penalty? I know i really should have an idea myself of profits and this has really shocked me into making sure I keep a better track of it but when I selected that I earnt under 100k I genuinely believed that I did.

Do I call them or will they contact me when my SA is submitted?

really ? you don' t know to that extent ?

YourAzureEagle · 11/04/2025 22:45

CandidGreenSquid · 11/04/2025 22:44

AFAIK, you’ll need to pay back the tax free childcare. The team that deals with the tax free childcare definitely do keep an eye as it’s linked to your NI number so I’d personally be upfront about this. Last time I had to reapply they wouldn’t let me do it automatically and I had to call to discuss my DH income and business dealings as he’s a higher earner and MD of a few companies and they said we’d have to repay what we’d claimed if he drew an income over £100,000. I was upfront and said I couldn’t possibly say how much he would earn as I don’t have a crystal ball. It’s different for you but you can always just say you didn’t realise you had been that profitable (well done btw)! Not sure about funded hours as don’t yet get those but hope that helps.

I’d also just like to add that you’re likely to have quite a high tax bill for this £130k you’ve earned as you also pay on account. Also, if you’ve got a student loan, they’ll be expecting a big chunk from you. Just things we’ve learned the hard way when you’ve gone from earning an average income to being a higher rate tax payer.

Indeed, the payment on account needs to be factored, which will hurt too!

CandidGreenSquid · 11/04/2025 22:44

AFAIK, you’ll need to pay back the tax free childcare. The team that deals with the tax free childcare definitely do keep an eye as it’s linked to your NI number so I’d personally be upfront about this. Last time I had to reapply they wouldn’t let me do it automatically and I had to call to discuss my DH income and business dealings as he’s a higher earner and MD of a few companies and they said we’d have to repay what we’d claimed if he drew an income over £100,000. I was upfront and said I couldn’t possibly say how much he would earn as I don’t have a crystal ball. It’s different for you but you can always just say you didn’t realise you had been that profitable (well done btw)! Not sure about funded hours as don’t yet get those but hope that helps.

I’d also just like to add that you’re likely to have quite a high tax bill for this £130k you’ve earned as you also pay on account. Also, if you’ve got a student loan, they’ll be expecting a big chunk from you. Just things we’ve learned the hard way when you’ve gone from earning an average income to being a higher rate tax payer.

YourAzureEagle · 11/04/2025 22:44

Mrsmouse71 · 11/04/2025 22:41

This

For a lot of self employed there is no benefit at all to being a Ltd company, it offers of course protection against personal liability financially, but if your operation is solvent, you don't have loans etc. then there is no real protection, but more administration and complexity.