Implications of starting a limited company for service provided
As stated I have been asked to move from payroll to invoice my time from a ltd company as he wants to reduce PAYE payments!
What should I consider before doing this can I pay myself 6K per year and take my salary as dividends, as my tax code is BR so no PA for the new year. Would I include both on my tax credit application?
Can I add my car and mileage as company expenses against my hours?
Sorry to ask so much I just feel a little out of my depth and worried about making the wrong choice.
Thanks allot
Can't think of any upsides from your viewpoint
It sounds as if you would be in IR35, so there appears to be no incentive in taking your money out the intermediary company by any means other than PAYE. You just end up with the PAYE costs being incurred by your company rather than the current employer. Leaving aside the admin costs and hassle, you would only end up in a tax neutral position if your invoiced charges reflected your current gross salary plus the current employer's NIC thereon. That being the case, your current employer would be no better off (in tax terms) than had he simply paid you direct under PAYE. He would of course be better off (at your expense) in the qualitative sense that he will have shed himself of any currently existing responsibilities under employment law.
With kind regards
Clint Westwood
Would echo the first comment
See an accountant and HR consultant.
Thanks for the replies...
I was hoping that I could claim my travel expenses against the invoices for my time, I would be invoicing the same amount as my current salary including holiday pay, so not really a great incentive other than keeping my job for now!
I would run the payroll facility myself from within my limited company, could I also claim for working from home? As part of my job is home based?
What insurance would I need to operate a company - had not considered this option.
My employer tells me he wants me to invoice him so he can claim the expense against profit to reduce corp tax and reduce PAYE payments, I am not the only employee asked to do this or should I say given the
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ultimatum of doing this!
Is there no way of making it work or should I simply look for a new job.
Thanks very much for your help a worried for now employee
Think carefully first...
Speaking as one who is in the position you are being asked to adopt..... I agree with all the comments above plus
don't forget you would have to register your own company for money laundering with HMRC. That would cost you £120 per year.
Insurance would be Professional Indemnity cover (at least £155 per year) and Employer's Liability Insurance.
In my experience, it is not easy to get the client to sign your contract (Ltr of Engagement). If you have an awkward client, like I had, you will find it difficult to get the terms that you want. Your previous employer will probably want to continue treating you like an employee whilst dodging out of the responsibilities.
All in all, for now, I would insist on staying on the payroll. By all means set up your own company ready for the future but don't be bamboozled into doing something you do not want or are not ready for yet.
I'm sure others can add to my list now.
I have just walked away from my awkward client!
Best wishes, Star
Employee Rights
It was mentioned above but skipped past .. you don't say how long you have been employed in this job or how they have gone about asking for the change but as a non employee you are unlikely to have the same rights you do have now - be careful this isn't a cheap way to avoid paying you redundancy, you have no guarantees they will continue to use your services as a contractor and you might have lost any rights to it or a constructive dismissal claim by willingly following this through. Seek legal advice on this if you stand to lose anything major. You can save yourself money with what you can claim back in a limited company, and your own NI contributions but you do need to check out all your costs and really evaluate if you will benefit overall.
.
You don't have to accept his proposal as it prejudices your employment rights. Assuming that that your job may be at risk if you dont succumb to this, you need to seek advice from a HR adviser or ACAS in the first instance.
The previous poster has already commented on the work involved in running a Limited Company.
Your company may fall within the IR35 legislation, and you will be responsible for your own PAYE & NIC. In essence, your employer would have shifted the PAYE burden to you, you could have a lower take-home pay, more overheads, more administration work, and a voluntary loss of your ERA rights.
Regards
Gareth Hughes
Accountants Solihull | The Hughes Partnership
You will have to prepare SA returns (as a company director), HMR
We had an issue with this last year. We couldn't find anything in the legislation that specifically says that a director needs to file an annual return. HMRC head office have comfirmed in writing that:
"a director who has not received a notice under section 8 requiring a return for that year, who has no chargeable gains and whose income tax liability is covered by tax deducted at source, does not have to give a notice under section 7"
A couple of weeks later they produce form SA1!
From experience
I've been in your position before but unlike you i did not get much advise from other people. I opted to go selfemployed/operate my company. My employer at the time only gave me jobs for a month, he then said to me "when some Jobs come through i'l let call you" and till today i still haven't received a call. I had to scrap the new company and look for proper employment ( because i was not prepared in the first place, i was pushed to it).
So PLEASE take onboard all the points mentioned above, weigh your options and even make forecasts/projections ofwhat your financial position will be if you started your own company, consider the possibility of getting other clients(in addition to your current employer). If this does not seem favourable then don't do it. Speak to a HR specialist or even the citizen's advice bureau
Note ; starting your company is not a bad idea at all, but be prepared for it first as it is not a quick fix especially in the early days.
Thanks for the replies...
Thank you for all your replies, i have thought about taking on other clients and would love the flexability of working for myself, what I don't like is not being garuenteed work as I have a young family to support so every litlle helps - to quote a phase!
I thought that maybe I should include all the extra costs on top of my hourly rate and then ask my employer to pay set up costs as it's for thier benifit.
Would I have to go through a solicitor to draw up a contract to ensure I do not get dropped as soon as I set up as you did? Or is this going to be the risk regardless?
There is allot to think about.
Calculations
To see what your 'employer' should pay you in order for you to break even (or to get as much out of him as you were costing him before !), try looking among the tools here:
http://www.contractorcalculator.co.uk/PermanentCalculators.aspx




Think very carefully about this
What is in this for you?
You will lose all employment protection rights.
You will have the hassle and cost of running a limited company - company house fees and formalities, preparation of accounts, costs of doing CT returns. Have you seen an accountant yet to find out how much this is all going to cost? Is your employer going to pay you anything more to compensate you for the hassle?
You will have to prepare SA returns (as a company director) if you do not do so already.
You will have to run a payroll - more potential income for your accountant or a payroll agency if you do not want the fun of doing it yourself.
There may also be other issues depending on exactly what you are doing eg re insurance.
You may also want to think about using a solicitor to make sure that any contract you have with your current employer is legally watertight & protects you against all eventualities. More cost of course.
I am sure there are some upsides though!