First time entrepreneurs- An accountants perspective

minty203

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This is a repost of the question asked here and my reply. Hope it helps other aspirant entrepreneurs. Check out the post for other highly informative user's replies.

http://mybroadband.co.za/vb/showthread.php/552109-Contracting-consulting-self-employed

I am not working at the moment since my employer went bust last month. I have got some potential contracting/consulting work but the guy is talking about engaging me on self employed basis so I can claim on expenses (presumably so that it costs him less to pay me a given take home salary and so that he has a bit more flexibility to terminate the arrangment if it doesn't work out for any reason.)

I've looked on SARS and Google about what is involved in working on a self employed basis but I'm not finding the basics on how it works (is it provisonal tax you have to register for?)

Please can someone give me the TL: DR version or point me in the direction of a link that will give me an idea of what I would be letting myself in for from a tax point of view. I would probably use a tax practioner to help with the actual returns but I want to be prepared to evaluate his offer correctly so I don't accept something that is shooting myself in the foot or with SARS.

Thanks in advance for any help
I am all for self-employment. Warren Buffet said something to this effect recently that I couldnt agree more with. "if you come across an opportunity, and you scared to do the deal because of how much tax on the returns you would have to pay, send that opoortunity my way"

Anyways.

Because of tougher labour legislation, companies are scared to hire people on a permanent basis. So they will hire you now, and if business goes down again, he can let you go without the red tape.

This is how tax basically works. The tax year is from March of one year to February of the next. So for this period, all your expenses are deducted from all your incomes and the difference (net profit) is what you pay tax on. The rate of tax you pay is determined by how much net profit you make, as well as the entity type (sole proprietor, company, etc).

No matter your entity type, if you are a non-salaried employee, you pay provisional tax. Provisional tax is this. There are three times you submit a provisional tax return. Six months into financial year (end Aug), at end of financial year(end Feb), and six months after financial year(end Aug again).

So at 6 months you make an estimation of your income for the whole year and you pay part tax upto there. So say your profit at 6 months was R100 000(assumption that your next 6 months income will be R100k as well) and you're taxed at 10%, you pay R10000. At Feb, you do your estimations and assume your 12 month income is now R300 000, and you still taxed at 10%, then you pay R20 000 to SARS.

In the 12-18 month period after year end, you do final calculations and see your income is actually now R270 000, then at end aug(18 months Aug here), then at this provisional tax period you pay zero Rands.

At 24 months is when your INCOME TAX RETURN is due, and your income is now a final R270 000, and your tax rate is still 10%, your total tax bill is now at R27 000. But you have already paid a total of R30 000? So now SARS will refund you the R3000.

It is a lot to absorb, and looking back at what I've just wrote, it looks like it could be confusing. Draw a time line and understand it. It is important to know.

Now, about the issue whether to go solo or with partners. I say go solo. You have got the work already, why invite the complications of partners if you dont need to?

About the entity type. Trade as a sole proprietor initially. In your personal name. No PTY Ltd, no CC. Assume your business makes a loss, and you have to start working for a salary again, the losses you made as a sole proprietorship can be offset against the income you earn from being a salaried employee for the next two years at least.

If your business makes a loss and you decide to carry on none the less and the following years, you start making a profit, then the incomes of those following years are written off against the loss making years as well. So its win win in any scenario.

About the tax. Many people dont know this, but if your business is classified as a small medium enterprise(and most first time entrepreneurs in SA are), your net profit up to a maximum of R350 000 per year is taxed at 5.8%. A salaried employee on the same income pays an effective rate of 20% tax

I highlighted, bolded, italliced because this is by far the most important point.:D Do the sums.

And get an accountant. These type of things we deal with on a daily basis. Dont be the guy who was losing diamonds while he was picking up stones.
 
This is just the info I need. I'm currently in the process of starting a small firm of which I would like to do as much of the work myself, and save a few bucks in accountants, etc.

Thanks!
 
About the entity type. Trade as a sole proprietor initially. In your personal name. No PTY Ltd, no CC. Assume your business makes a loss, and you have to start working for a salary again, the losses you made as a sole proprietorship can be offset against the income you earn from being a salaried employee for the next two years at least.
True but bad advice...
This is like planning to fail.You can make better use of losses with a company.

If your business makes a loss and you decide to carry on none the less and the following years, you start making a profit, then the incomes of those following years are written off against the loss making years as well. So its win win in any scenario.
No,its not win win.
Starting with a company,you can earn a salary and still making a loss.A salary is a tax deductable expense.This is how you make money with bankrupt companies.You suck them dry with a nice salary while you try to "rescue" the company.

About the tax. Many people dont know this, but if your business is classified as a small medium enterprise(and most first time entrepreneurs in SA are), your net profit up to a maximum of R350 000 per year is taxed at 5.8%. A salaried employee on the same income pays an effective rate of 20% tax
Companies with a turnover lower than R14 MILLION pay that yes (and that is actually common knowledge under business owners), but your advice is starting to get scarey. You are comparing apples with oranges here.
Nett profit is NOT the same as a salary.
 
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About the entity type. Trade as a sole proprietor initially. In your personal name. No PTY Ltd, no CC. Assume your business makes a loss, and you have to start working for a salary again, the losses you made as a sole proprietorship can be offset against the income you earn from being a salaried employee for the next two years at least.

****ty advice from a liability point of view. As a sole proprietor you are individually liable for any claims against the company (i.e. loans, bills etc.) whereas with a pty ltd if the company goes bankrupt, its creditors cannot sue you for outstanding amounts owed once the company has been liquidated.
 
NB SME taxation comes with additional restrictions on investment income & what not.
 
Love this man and his post. I like alot of what you originally replied to but must say going sole prop way is something to bea voided. If you want to start small definately go as a registered small business with turnover less than 1 mill. Nice post
 
Awesome Op, fantastic article. I will read it again later so that every little word you wrote stays up in my head permanently. :D
 
Hi, I agree with what you guys have to say. There are many ways to go about it. I have went the sole prop way and it has been good.

I must add this then perhaps. My opinion on this post is perhaps biased based on my personal experiences. I have a full time job and have persued many unsuccessful business opportunities. I have lost money, mad cash outflow losses, not just accounting losses.

Currently the business that I am involved in has been successful though. If it continues showing promise, then yes I will register a company, open up a business bank account, all that jazz.

It isnt that I am planning to fail when I talk about losses, but the fact is that many entrepreneurs fail the first time. So my opinion is that we shouldnt be blinded by optimism. I believe that we should plan to succeed always, but plan for the contigency that we may not. But never give up. My old man always says that although he has the most comprehensive medical aid there is, he hopes that he will never have to use it. If you get what what im saying.

But perhaps my greatest influence on my opinion is that many first time entrepreneurs have this perception that they HAVE to have a company. They HAVE to be registered for VAT. They HAVE to have a BEE certificate to get any type of work. Which is not true.

I have seen too many guys come up with excellent business ideas and have it stalled for many months, because of inaction. I met a plumber today in fact who came into our office a few months ago. He asked me what he still needs for me to register for him a company. And i was baffled. Because I told him back then what I need to register a company for him and what I'll charge him. Perhaps the money is an issue. Perhaps it is the fact that in his busy day he never gets a chance to come and see me. But the fact remains, by the time he will eventually have a company registered in his name, he would have missed out on many contracts that he could have got by just trading on his personal name.

My own friends too. They all say they want a company and they want to do this and that. And I tell them what to bring me, but it practically doesnt happen. Everytime we go out, they are like "Ey, I must still bring you those things."

I have clients who have registered companies years ago for some or other business opportunities. Opportunities or tenders that never realised, and now the company is dormant. SARS returns have to still be submitted, CIPC returns have to be submitted, bank charges still need to be paid. And what all of these things have in common is that they all cost money. Admin fees for the maintenance of this non-operational company.

In my post I did mention that a sole prop is ideal INITIALLY. Afterwards, when circumstances change, nothing prevents you from changing the entity type.

I dont like red tape and I dont like inaction.

But again, I advise any entrepreneur to consult an accountant or tax practitioner when starting a business. Because no two businesses are alike.

We need to stop the inaction inherent in all of us. Opportunities are never lost, they're just taken by somebody else.

My fingers are sore from all the typing now. Wishing you all peace, success, and bags full of bright purple mandelas.
 
I have went the sole prop way and it has been good.
The point people are trying to make is that when things are not good then you don't want to be a sole prop. For low risk businesses (e.g. PC repairs) I guess sole props can work.
 
What about Unemployment Insurance Fund (UIF) ? Do you register for UIF if there are no employees in your company (i.e you are going it alone) ?

What if you dont take a fixed salary?
 
With the new companies act and MOI, directors can be held responsible for their bad decisions / actions which resulted in the company going bang in the first place... so a company is not going to save you. Chances you get a old CC lying around somewhere is minimal..as you cannot establish new CC's. Also regarding SBC.. remember you have to employ 3 additional non related employees to comply.. and there can be a big difference between net profit and taxable income...
 
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