Draw salary from my limited company when out of contract

[MrMarkyMark]

Cant see HMRC come steaming in and saying right no more expenses for you because you claimed JSA once or twice.

So, in your view, Brookston's are posting a load of carp on their website and they don't know what they are talking about.

[northernladuk]

It's just another one of those points that appears to make sense on paper but no one knows the details of what the break point is and if it will ever be an issue because there is no case law. You are going to have to added it as a risk and be prepared to accept it.

For example PC says it's only once or twice but in time that might be three or four. Doesn't seem a lot on the face of it but if it is claimed everytime there is a reasonable break that three or four times may end up being 100% of breaks therefore easy for HMRC to argue. One party says only a few times, the other sees it as everytime. completey different outcome depending on perspective.

No one could see HMRC steaming in to EBT's, T&S and IR35 (the way they did) either... Just saying like.

[SlipTheJab]

This thread is so far off topic now that I can't even remember what the OP was banging on about... ah yes... tulip clueless accountant, OP get out fast (and name and shame!)

[northernladuk]

Just to add the Brooklyn comment suggests that were someone in dire need they may claim it but JSA isn't compatible with a contracting model and to suggest it is a standard tool to use after every gig is wholly wrong.

[SlipTheJab]

Just to add the Brooklyn comment suggests that were someone in dire need they may claim it but JSA isn't compatible with a contracting model and to suggest it is a standard tool to use after every gig is wholly wrong.

Well if we're all disguised employees... HMRC can't have it both ways!

[psychocandy]

So, in your view, Brookston's are posting a load of carp on their website and they don't know what they are talking about.

Didn't say that did I? They also seem to claim that you can't claim expenses when out of contract which I think a lot of accountants would disagree with.

So the JSA thing is their 'opinion' and interpretation thats all. Its not the opinion of my accountant.

[psychocandy]

It's just another one of those points that appears to make sense on paper but no one knows the details of what the break point is and if it will ever be an issue because there is no case law. You are going to have to added it as a risk and be prepared to accept it.

For example PC says it's only once or twice but in time that might be three or four. Doesn't seem a lot on the face of it but if it is claimed everytime there is a reasonable break that three or four times may end up being 100% of breaks therefore easy for HMRC to argue. One party says only a few times, the other sees it as everytime. completey different outcome depending on perspective.

No one could see HMRC steaming in to EBT's, T&S and IR35 (the way they did) either... Just saying like.

Fair point but its all about risk as well. In my book, the risk is VERY low.

We all take a little risk running our companies the way we do after all with IR35.

[northernladuk]

Didn't say that did I? They also seem to claim that you can't claim expenses when out of contract which I think a lot of accountants would disagree with.

So the JSA thing is their 'opinion' and interpretation thats all. Its not the opinion of my accountant.

Where no one is disputing the od claim seems OK it would be interesting to see what your accountant says about your attitude to claiming JSA at every break and that comment from Brooksons

[psychocandy]

Just to add the Brooklyn comment suggests that were someone in dire need they may claim it but JSA isn't compatible with a contracting model and to suggest it is a standard tool to use after every gig is wholly wrong.

Now that is bollacks. So are you saying HMRC will say "well ok then you claimed JSA this time but we won't pursue it because you were a big skint". Utter complete tulipe.

Sounds very much like we get on here. It doesn't become a fact just because you don't agree with the morals of it.

Once again, in certain circumstances claiming JSA is perfectly above board. It may not suit every circumstance and it does involve a little bit of hassle. But end of the day its a personal decision for everyone.

[northernladuk]

Now that is bollacks. So are you saying HMRC will say "well ok then you claimed JSA this time but we won't pursue it because you were a big skint". Utter complete tulipe.

Sounds very much like we get on here. It doesn't become a fact just because you don't agree with the morals of it.

Once again, in certain circumstances claiming JSA is perfectly above board. It may not suit every circumstance and it does involve a little bit of hassle. But end of the day its a personal decision for everyone.

But it's there in writing in the article. Continuous use of JSA invalidates the contract between you and your company. Using it once isn't enough evidence but continual use brings it in to question. It's there in writing.