Starting a business in the UK as an expat
Published on January 05, 2024
by Andrew Landin
Andrew Landin is an IRS Enrolled Agent and Tax Lawyer specializing in US tax preparation, tax planning, and tax advice for US citizens and Green Card holders living and working in the UK and Australia.
Table of Contents
Are there opportunities for American entrepreneurs in the UK?
Absolutely! The UK offers a welcoming environment for American entrepreneurs looking to start a business. With its open market and encouragement of entrepreneurship, the UK is a great place for US citizens to explore business ventures. However, it’s important to be aware of certain prerequisites, such as meeting visa requirements.
What visa do I need to start a business in the UK?
For US expats aiming to start a business in the UK, the Tier 1 (Entrepreneur) visa is typically the go-to option. This visa category allows you to either establish a new business or take over an existing one in the UK.
To be eligible, you generally need to have at least £50,000 in investment funds. Additionally, it’s essential to stay updated with the latest UK immigration rules or seek professional advice to ensure you fulfill all the necessary criteria.
Tax professionals can help you navigate the complexities of both UK and US tax laws, ensuring compliance and tax efficiency. So, as you venture into the UK’s entrepreneurial landscape, consider consulting a tax advisor early on—it could be one of your best business decisions.
I want to know more about US taxes abroad
Do US citizens need to report UK company accounts to the IRS?
Yes, US citizens and Green Card holders who own a significant stake (10% or more) in a UK-limited company are required to file US tax returns for their UK business. This process can get complicated, especially if the UK company’s structure is intricate or if other shareholders are US citizens or immediate family members.
Typically, non-US corporations are reported to the IRS using Form 5471, and failing to file this form can result in substantial penalties.
What’s the legal process for starting a business in the UK?
Starting a business in the UK involves several key legal steps:
- Choosing a Business Structure: Your choice between a sole trader, partnership, or limited company will affect your income reporting, personal liability, and capital-raising options.
- Registering the Business: You must register your business with Companies House, the UK’s company registrar, which includes submitting the required documents and a registration fee.
- Opening a UK Business Bank Account: A separate business bank account is crucial for managing your business finances.
- Obtaining Necessary Licenses: Depending on your business type, you may need specific licenses or permits.
While these steps might seem straightforward, each one comes with its own regulations. If you’re unfamiliar with UK business laws, professional advice is highly recommended, especially in regulated sectors like healthcare and legal services.
Is taxation and financial planning important for expat entrepreneurs in the UK?
Absolutely, taxation and financial planning are crucial when starting a business in the UK as a US expat. Here are some key tax considerations:
- Corporate Tax: A limited company in the UK is subject to corporate tax on its profits.
- VAT: Value-added tax (VAT) applies to most goods and services. If your business turnover is over £85,000, you must register for VAT.
- Personal Tax: As a US citizen, you’re still liable for US taxes. However, the UK-US tax treaty may offer some relief from double taxation.
- National Insurance: both employers and employees contribute to National Insurance in the UK, which funds state benefits.
It’s also wise to open a business bank account in the UK for easier financial management, tax payments, and transactions. Different banks have varying requirements, so consulting a tax professional for advice on the best banking options for your business is recommended.
What should I know about human resources and employment in the UK?
Hiring employees in the UK involves several important steps:
- Job Posting: Advertise the job vacancy through job boards, recruitment agencies, or your company’s website.
- Interviews and Selection: Conduct interviews to select the most suitable candidate.
- Employment Contract: Provide a written statement of employment particulars, detailing the terms and conditions of employment.
- Onboarding: Register new employees with HM Revenue and Customs (HMRC) for tax and National Insurance purposes.
Additionally, there’s the role of a nominee director, they can serve as a local representative for your UK-based business. While they hold a directorial title, their decision-making power is limited unless explicitly granted by the business owner.
This arrangement can be particularly beneficial for expats who are unable to manage day-to-day operations from abroad. Legal advisors can assist in setting up this arrangement correctly, ensuring compliance with UK laws.
What financial incentives and support are available in the UK for expats?
The UK government offers a range of incentives and financial support schemes that are accessible to expatriates as well. These include:
- Start-Up Loans: These are government-backed loans designed to assist in starting or growing your business.
- R&D Tax Credits: If your business engages in research and development, you might qualify for valuable tax credits.
- Local Grants: Check with local councils for grants available to small businesses, as these can vary by region.
How can I manage finances and legal obligations for my UK business?
Effectively managing finances and adhering to legal obligations are key to business success. Here are some strategies you can utilize:
- Open a UK Business Bank Account: This is essential for separating business and personal finances.
- Utilize Accounting Software: Modern software can simplify tracking your income, expenses, and tax obligations.
- Consult a Tax Professional: Especially one who understands both UK and US tax laws, to ensure full compliance.
- Prepare for VAT: If your turnover exceeds £85,000, you’ll need to register for VAT and file regular returns.
Also, your legal obligations will depend on your business structure, but generally include:
- Business Registration: Register with Companies House and secure any necessary licenses or permits.
- Employee Rights: Adhere to UK labor laws regarding minimum wage, working hours, and safety standards.
- Tax Filings: File all necessary tax documents on time, including corporate tax returns and VAT returns, if applicable.
- Record-Keeping: Maintain accurate and detailed business records for accounting purposes and potential audits.
How does Visa status affect running a business and repatriating profits in the UK?
Changing your visa status while running a business in the UK can be challenging. The UK offers specific visa categories for entrepreneurs, each with its own set of requirements. It’s important to consult with immigration experts to understand your options and the implications of any visa changes.
Regarding repatriating profits back to the US, there are several factors to consider:
- Tax Implications: Be aware of the tax consequences in both the UK and the US. The UK-US tax treaty is designed to prevent double taxation, but it’s wise to seek advice from a tax advisor who is knowledgeable about both jurisdictions.
- Currency Exchange: Fluctuating exchange rates can affect the amount you repatriate. Consider using a multi-currency bank account to mitigate exchange rate risks.
Handling visa status changes can be complex for expat entrepreneurs. Professional guidance is often crucial for success. Immigration experts can offer personalized advice on visa categories and eligibility, helping you make informed decisions.
Likewise, a tax advisor with expertise in both UK and US tax laws can assist you in understanding your tax liabilities and optimizing any available tax benefits. This professional support can be invaluable in aligning your business and personal objectives while ensuring compliance with legal and financial regulations.
The information provided herein is for general informational purposes only and should not be considered professional advice. While we aim to provide helpful and accurate information, we make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained here or linked to from this material.
Always get professional advice from a US international tax specialist.
