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24 November 2005
Issue: 4035 / Categories: Forum & Feedback , IR35
My client, Mr A, is a self-employed joiner (profits £30,000 p.a.). Mrs A is a self-employed cake-maker earning £7,000 — £10,000 p.a. (income declining slowly). They share rental income of £6,000 p.a. from jointly-owned property (£3,000 each) and Mrs A has rental income from property in her own name of £5,000 p.a. The above income is anticipated to continue.

The couple have recently renovated a shop premises and multi-let accommodation above and have purchased three residential houses for multi-let and domestic tenancy contracts. Profits from these properties will be £45 000 p.a. The current envisaged capital gains on the properties are £45 000 on the houses and possibly up to £100 000 on the shop premises. They hope to purchase more premises with substantial loans being required.
They are considering incorporating the joinery firm in Mr A's name having a joint company for general building work and maintenance; a joint rental company owning the properties now held (with the possible exception of the wife's property?); and in the near future setting up of a property development company to purchase properties for subsequent letting by their own rental company.
It is anticipated that the joinery firm will have three employees the building maintenance firm possibly three...

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