Sole Trader vs Limited Company: Choosing Your Structure

The first major tax decision for any activity business owner is how to structure the business. The two most common options are sole trader and limited company, and each has different tax implications.

Sole Trader

As a sole trader, you and the business are legally the same entity. You pay income tax on your profits and Class 2 and Class 4 National Insurance contributions. Registration is simple: you tell HMRC you are self-employed, and you file a Self Assessment tax return each year.

For the 2025/26 tax year, income tax rates are:

Personal allowance: £12,570 (no tax on the first £12,570 of income)
Basic rate: 20% on income between £12,571 and £50,270
Higher rate: 40% on income between £50,271 and £125,140
Additional rate: 45% on income above £125,140

Sole trader status is straightforward and works well for smaller operations with modest profits. The downside is unlimited personal liability: if the business owes money, you are personally responsible.

Limited Company

A limited company is a separate legal entity. The company pays corporation tax on its profits (currently 25% for profits over £250,000, with a small profits rate of 19% for profits up to £50,000, and a marginal rate for profits in between). You then pay yourself through a combination of salary and dividends.

The tax advantage of a limited company typically begins when your profits consistently exceed £30,000 to £40,000 per year, because the combination of a small salary (below the NI threshold) and dividends can be more tax-efficient than paying income tax and NI as a sole trader. However, limited companies involve more administration, annual accounts filed at Companies House, corporation tax returns, and usually higher accountancy fees.

Which Should You Choose?

As a rough guide: if your annual profits are below £30,000, sole trader status is usually simpler and just as tax-efficient. Above £40,000, a limited company often saves money. Between those figures, take specific advice from an accountant who understands your circumstances. The cost of an hour's consultation (typically £100 to £200) is easily justified by the potential tax savings.

VAT: When You Must Register and What It Means

Value Added Tax (VAT) is something many activity providers either ignore until it becomes urgent or worry about unnecessarily. The rules are straightforward once you understand them.

The VAT Registration Threshold

You must register for VAT if your taxable turnover (not profit, but total income) exceeds £90,000 in any rolling 12-month period, or if you expect it to exceed £90,000 in the next 30 days. Once registered, you charge VAT on your services and submit VAT returns to HMRC, usually quarterly.

Implications for Class Fees

The standard VAT rate is 20%. If you register for VAT, you either absorb that 20% from your existing prices (reducing your margin) or add it on top (increasing your prices to parents). Neither option is painless, which is why VAT registration is a significant threshold for activity businesses.

However, some children's activity services may qualify for VAT exemption under specific conditions. Education and vocational training provided by eligible bodies can be exempt, and some sports coaching by eligible bodies may also qualify. The rules are nuanced, and getting them wrong can result in significant penalties, so take professional advice before assuming your services are exempt.

Voluntary Registration

You can register for VAT voluntarily even if your turnover is below the threshold. This allows you to reclaim VAT on your business purchases (venue hire, equipment, marketing costs), which can be beneficial if your input VAT is significant. However, it also means charging VAT on your fees and filing quarterly returns, so it only makes sense in specific circumstances.

Self-Assessment Deadlines

If you are a sole trader or a company director, you must file a Self Assessment tax return. The deadlines are firm and penalties for late filing are automatic.

5 October: Deadline to register for Self Assessment if you are newly self-employed (for the tax year just ended)
31 October: Deadline for paper tax returns
31 January: Deadline for online tax returns AND payment of the tax owed for the previous tax year
31 July: Deadline for the second payment on account (if applicable)

Late filing incurs an automatic £100 penalty, with additional penalties accumulating the longer you delay. Late payment incurs interest charges. Set calendar reminders well in advance of these dates.

Allowable Expenses: What You Can Claim

Allowable expenses reduce your taxable profit, which reduces your tax bill. For activity providers, the list of legitimate expenses is extensive.

Common Allowable Expenses

Venue hire: Hall rental, pool hire, studio hire, and any facility costs directly related to delivering your classes
Equipment: Mats, balls, floats, hoops, music systems, goals, cones, and any other kit used in sessions
Insurance: Public liability insurance, professional indemnity insurance, and employer's liability insurance
Training and qualifications: Coaching courses, first aid training, safeguarding courses, CPD events, and professional development
Marketing: Website costs, social media advertising, printed flyers, business cards, and Google Ads spend
Travel: Mileage to and from venues (at 45p per mile for the first 10,000 miles, 25p thereafter), parking, and public transport
Uniforms and branded clothing: Polo shirts, coaching jackets, or any clothing with your business logo
Software and subscriptions: Management software, accounting software, music streaming for classes, and communication tools
Professional fees: Accountancy fees, governing body membership, DBS check costs
Telephone and broadband: The business proportion of your phone and internet costs

Working from Home

If you do administrative work from home (which most activity providers do), you can claim a proportion of your household costs. HMRC offers a simplified flat rate: £6 per week (£312 per year) without needing to calculate actual costs. Alternatively, you can calculate the actual proportion of your home used for business, but this requires more detailed records.

Record-Keeping Requirements

HMRC requires you to keep records of all income and expenses for at least five years after the 31 January submission deadline for the relevant tax year. For a limited company, records must be kept for six years from the end of the accounting period.

What to Keep

All invoices issued and received
Bank statements
Receipts for all business purchases
Mileage logs
Records of cash payments received
Payroll records if you employ staff

Digital records are acceptable and far easier to manage than paper. Use cloud accounting software like Xero, QuickBooks, or FreeAgent to track income and expenses in real time rather than scrambling to assemble records at the end of the tax year.

Accountant vs DIY: What Makes Sense?

Many sole traders with simple affairs can file their own tax returns using HMRC's online system. If your income comes from one activity business, your expenses are straightforward, and you are comfortable with numbers, you may not need an accountant.

However, an accountant is worth the investment if:

You operate as a limited company (the compliance requirements are more complex)
You are approaching the VAT threshold and need advice on registration
You employ staff and need payroll support
You want to ensure you are claiming all allowable expenses
You are growing and need advice on business structure

Expect to pay between £300 and £800 per year for a sole trader tax return, and £800 to £2,000 for limited company accounts and corporation tax. A good accountant should save you more than their fee in tax efficiency.

Making Tax Digital

Making Tax Digital (MTD) is HMRC's programme to move tax administration online. MTD for VAT is already in effect: if you are VAT-registered, you must keep digital records and submit VAT returns through MTD-compatible software.

MTD for Income Tax Self Assessment (MTD for ITSA) will apply to sole traders and landlords with income over £50,000 from April 2026, and those with income over £30,000 from April 2027. Under MTD for ITSA, you will need to submit quarterly updates to HMRC through compatible software, rather than a single annual return.

If your income is approaching these thresholds, start using MTD-compatible accounting software now so you are prepared. The transition is simpler if you are already keeping digital records.

Employment vs Self-Employment for Instructors

If you engage other coaches or instructors, their employment status has significant tax implications for both you and them. HMRC has clear (if sometimes subjective) criteria for determining whether someone is employed or self-employed.

Indicators of Employment

You control when, where, and how they work
You provide their equipment and uniform
They cannot send a substitute
They work set hours at your direction
You pay them a regular wage

Indicators of Self-Employment

They control how they deliver the work
They can send a substitute
They provide their own equipment
They work for multiple clients
They invoice you for their services
They bear financial risk (e.g., if a class does not run, they do not get paid)

Getting this wrong can result in HMRC reclassifying your self-employed instructors as employees and issuing you with a bill for unpaid PAYE, National Insurance, and penalties. If you are unsure, use HMRC's Check Employment Status for Tax (CEST) tool online, and consider taking professional advice.

Key Takeaways

Choose your business structure carefully: sole trader for simplicity under £30,000 profit, limited company for potential tax savings above £40,000.
Monitor your turnover against the £90,000 VAT threshold and take advice before you reach it.
Never miss Self Assessment deadlines: 31 January for online returns and payment, with automatic penalties for late filing.
Claim all allowable expenses: venue hire, equipment, insurance, training, marketing, travel, and home office costs all reduce your tax bill.
Keep records for five years minimum and use digital accounting software for efficiency.
Prepare for Making Tax Digital: quarterly digital reporting is coming for sole traders with income above £50,000 from April 2026.
Classify your instructors correctly: the consequences of getting employment status wrong can be expensive.
Invest in an accountant if your affairs are complex. A good accountant saves more than they cost.