newbie facing contractor work- IR35, tax, PAYE- HELP!!! ARRGH

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have signed up with a few agencies looking for IT engineer/technician or related work. Got a call today saying they'd like to set me up with an intereview tomorrow.

basically, they want me to either setup a LTD company or use an umbrella company. I was told it's all very simple and straight forward.

I have done some research and while I'm not 100% clear on it, how can I not be led into a tight or not that great position? How do I know what the contract I sign up to will be IR35 friendly?

I'm a bit wet behind the ears and am kind of thinking it's not worth the hassle. It would be £15ph at 37.5 hours a week with Bath council.

any advice please

thanks
 
I think you should really speak to a specialist about this, as they're coming down hard on umbrella companies at the moment. Most of the guys I work with have had to set themselves up as LTD companies with bona fide accountants to keep themselves "legal".

Jokester
 
http://www.sjdaccountancy.com/documents/sjd-stepbystep-contractors-guide.pdf

http://www.contractoruk.com/

http://www.pcg.org.uk/cms/index.php

That's pretty much where I got all the information I needed to make the choice to start my own limited company having been established as a contractor with an MSC. MSC's don't, or shouldn't, exist anymore. As you say, this leaves the choice of going through an umbrella company, or having a limited company.

Using an umbrella is quick and easy, it just isn't as tax efficient as setting up on your own. Be careful in selecting your umbrella, as there are a number of less scrupulous companies out there that could land you in hot water. Additionally, some agencies, particularly the larger ones have an approved list of umbrellas, which can mean that you have to switch companies if you get a job you like with an awkward agency. On the plus side, the admin usually extends to an electronic timesheet/expenses each week. You will pay them a weekly fee, which will include your insurances, and payroll admin charges.

Generally speaking, limited companies are best as a vehicle for keeping the most of your money away from Darling's sticky mitts. There is more admin involved, but that can be minimised by hiring a good accountant. There is a lot more reading up to be done by going limited, whereas you can be set up with an umbrella in a couple of hours. It will also take time to set up a company bank account, which will mean that you will not be paid until that is complete.

IR35 is complicated, but basically it is a legislation that was brought in to stop people calling themselves contractors, or having those tax benefits while not really doing anything that a normal permanent employee would do (providing own laptop, phone, car, toolkit, having insurances, and various other bits and pieces). If possible, make sure your contract / job is outside the remit of IR35 (ie, you're considered a legitimate contractor) as the largest benefit of being a limited company director is the ability to take a dividend of the companies profits. You pay yourself a salary, (usually minimum wage or similar) and pay any other expenses (accountancy fees, insurances, mileage, etc) and then whatever is left is the company profits, and is taxed at the small business corporation tax rate of 20% (this year) and the remaining amount can then be paid to the director(s) (you). The overall benefit is that the 20% tax rate is significantly lower than paying Income Tax and National Insurance (33% combined this year) so you keep more of your money. There are also other perks like Flat Rate VAT etc that help things along too.

Based on £27k (15 per hour, 7.5 hours a day, 5 days a week, 48 weeks a year) and assuming a scenario where the office is only 5 miles away, so you aren't out of the house for more than 10 hours a day, with no magazine/other subscriptions, not buying computers / furniture, not buying related courses, stationery etc (these will all boost your take home because you claim the expense back tax free. Beware companies that try and sell there services based in this dispensation, they will exaggerate the numbers to make things look better than they are) but with a £30 per month company mobile, and a £20 per month broadband bill, plus insurances, accountancy fees etc, I'd estimate your take home would be in excess of £1750 a month, plus an extra ~£100 in if you're on the flat rate VAT scheme. This is higher than the PAYE/£27k take home of £1673, and you wouldn't earn £27k in the same job as a permie anyway.

A word of warning though, be prepared to travel. Also, don't "sign up with a few agencies looking for IT engineer/technician or related work". Look for work on Jobserve / CW Jobs / others, and apply for them, regardless of the agency. While you're getting established, call the agency afterwards to chase them up, don't wait for them to call you, it may never happen. The key to being a successful contractor in the early days is staying in work.

You will also find that unless you're either immediately available, or can start next week, people generally won't want to know. This makes the last few days / weeks of a contract extremely nervy if you have financial commitments. When I started contracting, I used an umbrella because I didn't want anything to do with the paperwork, if I was doing it all over again, that wouldn't be an issue, however it might be smart to consider getting some experience of contracting to see if you can hack it / enjoy it before you commit to the annual insurance bills etc associated with going it alone.

Either have money behind you, or have a whopping overdraft. Never put you or your credit rating at risk by trusting a third party to pay you bang on time. It's usually fine, but you bet your ass that when something slips, it'll be at a difficult time.

Good luck!
 
Most useful post ever, Kingy! Thanks :)

Is there anything more you can tell us about insurance? E.G. what it covers, how much you think it'll cost, if it's a legal requirement..?
 
As a contractor for over 10 years, I've used both a LTD company and used an umbrella company.. My advise is go for the umbrella company. Having a LTD company takes a lot of admin time and some knowledge of book keeping, whereas an Umbrella has very little. The benefit of having a LTD company used to be that you paid yourself very little salary and paid the rest in divends, thus avoiding employee and employer NI ( yes you will have to pay both). The IR squeezzed this and introduced IR35 and having the LTD company was pointless....
 
Most useful post ever, Kingy! Thanks :)

Is there anything more you can tell us about insurance? E.G. what it covers, how much you think it'll cost, if it's a legal requirement..?

No worries :)

http://www.sjdaccountancy.com/about/resources/insurance/prices.html

I'm not certain, but I believe it is a legal requirement to have at least 2 of the 3 insurances (Public Liability and Employers Liability + Professional Indemnity). If not legal, it's certainly usually in the contracts, and definitely advisable
 
As a contractor for over 10 years, I've used both a LTD company and used an umbrella company.. My advise is go for the umbrella company. Having a LTD company takes a lot of admin time and some knowledge of book keeping, whereas an Umbrella has very little. The benefit of having a LTD company used to be that you paid yourself very little salary and paid the rest in divends, thus avoiding employee and employer NI ( yes you will have to pay both). The IR squeezzed this and introduced IR35 and having the LTD company was pointless....

Not entirely true. IR35 is in place to catch people pretending to be contractors. There are ways and means around it.

SJD supply with me with an accounts Excel spreadsheet.

When you do the work you submit an invoice, and add the details to the 'Sales' section, when the invoice is paid, you put the details in the 'Bankings' section. Then I put my expenses in the 'Expenditure' section, and classify them. The only other things I do is record my personal expenses, and mileage. They'll do the rest... They tell me how much tax to pay and when to pay it, and all payments are made and monitored via Internet Banking.

Note that the take home estimated previously posted included both the Employers NI, and Employees NI.
 
How do you find SJD? So far they have been fine for me, although I am aware that the (almost) £100 a month they charge me for what must be minimal work (my finances are reasonably basic) could well be cheaper elsewhere.
 
Go Ltd. As you can claim for more things and are generally better off in the pocket.
I use a local accounting firm who do all my paperwork and for £800 per annum is great!

Dead easy. I just setup a spreadsheet of things going in and out just to keep a record which will go to accountant just before my year end for him to do my books. He does my payroll on a monthly basis aswell.

Atleast i get a nice cup of tea when i go to see him :)
 
not entirely true either.. The IR saw people in long term contracts as being staff and not contractors.. so for eaxpmple I had a 1 year contract which roled on.. Hardly a contractor but I was. The IR didn't see it that way.. Therefore, contractors were forced to receive there income through PAYE and not divi payouts..

Although I see their point, the fact remained that one person working throigh a LTD company ended up paying both sides of the NI so were worse off... but basically they wanted to tighten the screw on those tacking the pee... They were great days #sigh#:(
 
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Basically, if you think there is any chance of your contract rolling into more than 6 months at a time.. go umbrella.. Otherwise, go LTD because IR35 isn't an issue then.. and you can then pay yourself in nice dividends which are exempt form NI..:) lovely
 
How do you find SJD? So far they have been fine for me, although I am aware that the (almost) £100 a month they charge me for what must be minimal work (my finances are reasonably basic) could well be cheaper elsewhere.

Overall, I'm happy. I had noted that others have mentioned cheaper accountants, but for me it was far more important to make the process as easy as possible, as quickly as possible. I was in a rush to make the switch from Umbrella following the MSC legislation coinciding with the start of a new contract, and SJD ticked all the right boxes. For me right now that is way more important than saving ~£20 a month...

A mate of mine decided that SJD were too expensive and went with a cheaper alternative recommended by friends. I mentioned flat-rate VAT to him and he hadn't got a clue what it was. Being on that scheme covers the extra £20 10 times over, and I haven't got the time or inclination at present to go hunting for cheaper alternatives that won't sacrifice service. :)
 
not entirely true either.. The IR saw people in long term contracts as being staff and not contractors.. so for eaxpmple I had a 1 year contract which roled on.. Hardly a contractor but I was. The IR didn't see it that way.. Therefore, contractors were forced to receive there income through PAYE and not divi payouts..

Although I see their point, the fact remained that one person working throigh a LTD company ended up paying both sides of the NI so were worse off... but basically they wanted to tighten the screw on those tacking the pee... They were great days #sigh#:(

I was under the impression that the legislation for this only covered contracts due to go on for over 2 years? Did your 1 year contract get extended by another year?
 
thanks for your help. i'ts going to only be a 3 month contract, so I've signed up with Parasol IT. they seem a lot better than some. I will be IR35 friendly too.
 
I was under the impression that the legislation for this only covered contracts due to go on for over 2 years? Did your 1 year contract get extended by another year?

i believe it is the moment that you find out that you will be there for a minimum of 2 years that they start to treat you as an employee, not when you actually reach the 2 years.

so for people on a rolling 1 year contract, they find out pretty much as early as 1 year into the contract.

I am with SJD as well, find them very good so far. Going Ltd will save me a minimum of £15k in my first year, now, for even 1 hour a day i am sure we would all be happy for another 15k a year..
 
thanks for your help. i'ts going to only be a 3 month contract, so I've signed up with Parasol IT. they seem a lot better than some. I will be IR35 friendly too.

if you are going to be earning less than say £25k for the year, then yeah go Umbrella, but if its more, its worth spending the time with your own ltd co as you can claim a lot of tax back.
 
i believe it is the moment that you find out that you will be there for a minimum of 2 years that they start to treat you as an employee, not when you actually reach the 2 years.

so for people on a rolling 1 year contract, they find out pretty much as early as 1 year into the contract.

I am with SJD as well, find them very good so far. Going Ltd will save me a minimum of £15k in my first year, now, for even 1 hour a day i am sure we would all be happy for another 15k a year..

Indeed, I was trying to say this when I said that when I said about contracts that are DUE to go on over 2 years, and this was why I asked if AH's contract had been extended by a year... :o)

One other contracting tip, if you EVER find anyone that is actually prepared to put you through CTC or even SC security clearance, jump on it, hard, regardless of what it takes. I went to Newcastle for mine, and if you turn down your speakers, stereo, tv and anything else that emits any kind of sound, and listen really hard, you may just hear me laughing... :D
 
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