Originally posted by Sophieuk
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1. If your freind becomes a share holder then you must pay them dividends evey time you take them yourself. You cannot do it as a one off event.
If you issue your friend with shares of a different class to try and avoid the issues in point 1 HMRC will see this as a wholly artificial arrangement for the purposes of evading tax. Penalties, interest, fines, criminal record.....
2. Your friend will be under no legal obligation to "gift" you the money. Once it is paid to them as dividends it is legally theirs to do with as they wish. You'd be surprised how many "friendships" end when large amounts of cash are involved.
If you set up some sort of contractual agreement between you to try and mitigate the risk of point 2 then HMRC will see this as a wholly artificial arrangement for the purposes of evading tax. Penalties, interest, fines, criminal record.....
3. Come April 2016 your friend will be liable for at least 7% dividend tax on any money they receive. Are you going to pay their tax bill for them?
4. The fact that the money is paid to one shareholder and then instantly transferred to you as company director will mean HMRC will treat that money as deemed income to you and you will be liable for the full tax under PAYE regardless of whether it was "gifted" or not.
You *MIGHT* get away with it, if HMRC dont notice and dont ask any questions. If you don't the consequences are serious.
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