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Draw salary from my limited company when out of contract

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    Originally posted by northernladuk View Post
    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.
    Trouble is, he just ignores all the facts and won't even entertain them.
    To me, this is the short sighted part, you should read and absorb all the POV's you can.

    I believe HMRC would take a dim view of, at the end of contract, claiming all available dividends from your company, paying off your credit cards, claiming JSA, rinse and repeat.

    Throw in the Florida family holiday and its almost Kyle material

    Maybe just me
    Last edited by MrMarkyMark; 12 January 2016, 09:41.
    The Chunt of Chunts.

    Comment


      Originally posted by MrMarkyMark View Post
      Trouble is, he just ignores all the facts and won't even entertain them.
      To me, this is the short sighted part, you should read and absorb all the POV's you can.

      I believe HMRC would take a dim view of, at the end of contract, claiming all available dividends from your company, paying off your credit cards, claiming JSA, rinse and repeat.

      Throw in the Florida family holiday and its almost Kyle material

      Maybe just me
      If it's contentious within the contracting community you can imagine HMRC's view. With the focus on benefits and avoidance they would be all over this like a shot. The only upside for PC is there aren't enough people stupid enough to do it to make it a priority yet.

      Risking your entire T&S for the sake of 72 quid a week ought to be fairly strong argument as well..

      As he says though, it's just down to an individuals attitude to risk although IMO you can't really compare the risk of doing something enshrined in law and something HMRC will find morally reprehensible.

      But many people do much worse with much bigger risk.....
      Last edited by northernladuk; 12 January 2016, 10:02.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        Originally posted by northernladuk View Post
        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.
        Don't be dull mun NLUK. This is Brooksons opinion.... Its not official.

        My accountants hold no such views (or have certainly not advised me of such).
        Rhyddid i lofnod psychocandy!!!!

        Comment


          Originally posted by psychocandy View Post
          My accountants hold no such views (or have certainly not advised me of such).
          Which means that you have never actually asked them about it, no?
          The Chunt of Chunts.

          Comment


            Originally posted by MrMarkyMark View Post
            Trouble is, he just ignores all the facts and won't even entertain them.
            To me, this is the short sighted part, you should read and absorb all the POV's you can.

            I believe HMRC would take a dim view of, at the end of contract, claiming all available dividends from your company, paying off your credit cards, claiming JSA, rinse and repeat.

            Throw in the Florida family holiday and its almost Kyle material

            Maybe just me
            You said it yourself - its a POV. And yes I do take note. But I take note MORE of what my accountant (who is very very good) says...

            And come on we're never going to get to a situation where the HMRC/job centre have the power to determine you've spend the money on purpose whilst during contract. After all, whilst working you have every right to spend the money as you see fit.

            What about the case where on the monday you decide now is the time to pay off credit cards, then renewal gets canned on the friday, monday you're on the bench? How is anyone going to ever prove that?

            Look at how difficult is to prove when people try to avoid care home fees when parents sign the house over. Not easy I understand. There have been some lengthy court cases on this one.

            Same with holiday. Like I said, mine was booked ages ago - I couldnt cancel it anyway without losing it all. Are you suggesting there should be a rule like you can't claim JSA if you've been on holidays recently?

            If anyone ever wants to see a true waste of JSA money, sponging wasters etc then I'll gladly give anyone a tour of the Rhondda/Cynon/Taff valleys one day!!!
            Rhyddid i lofnod psychocandy!!!!

            Comment


              I signed on once.

              I was going to an evening class on art. It was a load of pretentious crap as you might imagine but we went to the pub afterwards.

              The price for the course varied. If you were unemployed you got it for next to nothing.

              For the JobCentreI had to do a spreadsheet to say what I was doing to get a job.

              Then I had to give them my CV.

              The guy had me in and said "It's so long it looks more like a bid document"

              And, do you know, he was right

              They didn't seem to make any attempt whatsoever to find out about my circumstances or whether or not I was entitled to claim. They just paid out.
              Last edited by Cirrus; 12 January 2016, 14:17.
              "Don't part with your illusions; when they are gone you may still exist, but you have ceased to live" Mark Twain

              Comment


                Originally posted by northernladuk View Post
                If it's contentious within the contracting community you can imagine HMRC's view. With the focus on benefits and avoidance they would be all over this like a shot. The only upside for PC is there aren't enough people stupid enough to do it to make it a priority yet.

                Risking your entire T&S for the sake of 72 quid a week ought to be fairly strong argument as well..

                As he says though, it's just down to an individuals attitude to risk although IMO you can't really compare the risk of doing something enshrined in law and something HMRC will find morally reprehensible.

                But many people do much worse with much bigger risk.....
                To be fair, you are both sort of finding evidence to prove your argument and this is probably the first time we've seen anything like this.

                In the past, I've had detailed discussions with my accountant about this. MAybe in future I will ask again.

                BUT, I'm not going to stop because ONE accountant has an opinion and definitely not because a few people who I don't know on a forum don't like the idea.

                Another thing to think of. JSA for 3 months. £950. Even in the unlikely event that HMRC say "right thats it no more expenses for you matey", you'd have to incur almost £5K in expenses before losing out.

                And to be fair, if this happened, you'd close the company down and start again. In reality, its never going to happen, is it?
                Rhyddid i lofnod psychocandy!!!!

                Comment


                  Originally posted by Cirrus View Post

                  They didn't seem to make any attempt whatsoever to find out about my circumstances or whether or not I was entitled to claim. They just paid out.
                  Not surprising really unfortunately. The guides say you need to submit company paperwork as evidence of savings when applying but I bet they never ask for it. That said if you get clobbered you complaining they didn't ask you won't stand up as a defence. Blindly signing up for something you think you are not eligible for will only come back on you.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    Originally posted by Cirrus View Post
                    I signed on once.

                    I was going to an evening class on art. It was a load of pretentious crap as you might imagine but we went to the pub afterwards.

                    The price for the course varied. If you were unemployed you got it for next to nothing.

                    For the JobCentreI had to do a spreadsheet to say what I was doing to get a job.

                    Then I had to give them my CV.

                    The guy had me in and said "It's so long it looks more like a bid document"

                    And, do you know, he was right

                    They didn't seem to make any attempt whatsoever to find out about my circumstances or whether or not I was entitled to claim. They just paid out.
                    Yep same as me. And neither did they send me for interviews for "trolley parker in tesco" either. They're nice enough, and will leave you alone.

                    My theory is (And no-one seems to believe me) that they've got enough scrotes to deal with, so having little time to worry about people who are obviously looking for a new gig and will be gone soon anyway.
                    Rhyddid i lofnod psychocandy!!!!

                    Comment


                      Originally posted by psychocandy View Post
                      Another thing to think of. JSA for 3 months. £950.
                      Funnily enough, My gardener keeps that, exact, amount in his pocket for "incidentals"
                      The Chunt of Chunts.

                      Comment

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