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Am I in deep doo-doo?

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    Am I in deep doo-doo?

    Hi,

    I've been spending the weekend researching and reading many posts here and elsewhere. My eyes are literally red.

    I might have got myself into a bit of a pickle.

    I got my first contract in Oct'15, agency told me to set-up a ltd co which I duly did. Only to be told a few weeks done the line, sorry client no longer wants you. I frantically applied for contracts and even permie jobs for the next few months and nothing.

    I finally managed to get a break and get a 3 month contract in Jun'16 and concentrated all my efforts in working hard, client gave me a 3 month extension, long story short, I'm still here, though client has been trying to terminate contract for best part of last year and replace with permie staff.

    I neglected the ltd co, I didn't take any money out of it other than expenses - mileage, accommodation (I was contracting away during the week), meals etc

    Time flew by, and realised ltd company accounts needed to be done for July'17 - found an accountant and submitted this and paid the Corp Tax on time.

    The fee the accountant charged said he would do the Corp Accounts & PAYE.

    He has only done Corp Accounts and hasn't done PAYE as he said it was too late.

    In the accounts he has put down a salary of £8k - as it was too late for any PAYE for the Corp Accounts.

    My question is do I need to register for SA:
    - I'm assuming for year ending April'16 - I didn't have a contract so had nothing to put in the SA for Jan'17?

    - For year ending April'17 - My Corp Accounts (Oct'15-Oct'16) show £8k salary which is below any threshold for NI - so no personal tax to pay - in which case do I need to fill in SA?

    - I'm thinking if I notified HMRC for SA now - they'll hit me with £100 penalty - by the time I get the UTR and activation code and fill in the SA (it will be way past 31/1/18) for £8k salary which has no tax to pay?

    I do have a wife for my sins who doesn't work, did the accountant miss a trick and should have put my wife on the salary for £8k (she does do a lot to help me out business wise - much like a PA) - I think the accountant reason for this it may attract unnecessary attention. She doesn't have any shares in the company - but this can be easily arranged if it helps.

    Reading around, it seems £8k salary (vs £11k) is the preferred option as it means you save yourself the headache of setting up PAYE. Is £8k salary acceptable by HMRC or is it frowned upon as my accountant seemed to suggest?

    With the £8k salary - is it a simple case of simply transferring this amount from business to personal bank account and just making a note in the records recording it as Salary?

    Various posts have suggested £8k salary still gives you state pension - how does this work? - do you have to notify anyone? - I imagine with PAYE - the PAYE process ensures you are entitle to the state pension.

    From what I understand, I could also declare a dividend - £5k dividend allowance tax-free plus a further £3k dividend to use the remainder of my personal allowance which will also be tax free (i.e. not attract the 7.5% dividend tax rate). In total £16k transfer from my business to personal account - tax free? and thus no need to fill in SA?

    Currently I have one share, I could give my wife one share too - would she then also be able to get the same dividends as above i.e. £8k salary + £3k dividend to take upto personal allowance + £5k dividend allowance. We would have £32k combined tax free? which is more than enough for us to live on.

    At the moment, I don't really trust my accountant he just seems interested in making more money from me. I'd like to get some other opinions as my head is currently spinning from reading and reading.

    I so want to get a handle on this and get it into some sort of routine, so I can concentrate on my contracting.

    Any helpful advice will be so much appreciated.

    Apologies for the long post - but I'm in really confused place right now.

    Thank so much for taking the time to read.
    Last edited by gazelle; 28 January 2018, 16:27.

    #2
    50 questions to internet strangers, but you don't trust your accountant who you are paying?

    Comment


      #3
      I was just hoping to get some second opinions from some seasoned contractors - apologies for the many questions - just trying to make sense of it all and how to get back on to the right track.

      The main question is around SA - do I need to register given my circumstances and pay the penalty or am I ok not to given that no tax is payable?
      Last edited by gazelle; 28 January 2018, 14:45. Reason: main Q

      Comment


        #4
        Concentrating on contracting is running your business properly.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          Accountants will be able to give you information tomorrow, but I would consider moving accountants after this issue is fixed.

          And take an active interest in your business, otherwise join an umbrella company.
          "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
          - Voltaire/Benjamin Franklin/Anne Frank...

          Comment


            #6
            Are you in deep doo-doo

            No, not by a long long way

            Any accountant will clear this up in seconds

            Would hate to see your panic in a real emergency

            Comment


              #7
              Originally posted by tarbera View Post
              Are you in deep doo-doo

              No, not by a long long way

              Any accountant will clear this up in seconds

              Would hate to see your panic in a real emergency
              Wow, thank you, just reading this has given me some relief and bought down my stress levels.
              I can handle the pressure for all things IT - for anything else, I fall to bits and end up doing what ostriches do best.

              My life seems to revolve around putting out one crisis and then 2 more pop-up.
              I'm trying to focus on this now and trying to get this under control and into some sort of routine.

              I'll try and talk my accountant again, I was a bit worried talking to him to be honest, if I had done something wrong, I think accountants are legally obliged to fill a SAR and he might land me right in it - so I've been quite reluctant to talk to him. Cue stress! Hence why I'm here - trying to find out if I'm in trouble (hopefully somewhat anonymously).

              Comment


                #8
                Originally posted by gazelle View Post
                My life seems to revolve around putting out one crisis and then 2 more pop-up.

                Get a hold of your life. Seriously. Sticking your head into the sand makes everything 10x worse when it eventually hits. No excuses like crisis just always happens to me, or that you're scared. If you're an adult you can handle this tulip.

                Comment


                  #9
                  Originally posted by gazelle View Post
                  I'll try and talk my accountant again, I was a bit worried talking to him to be honest, if I had done something wrong, I think accountants are legally obliged to fill a SAR and he might land me right in it - so I've been quite reluctant to talk to him. Cue stress! Hence why I'm here - trying to find out if I'm in trouble (hopefully somewhat anonymously).
                  If you use an accountant to try to do things by the book, then there's zero risk of them filing an SAR on you. If you lie to your accountant, or deliberately withhold information from them, and they get suspicious, then they might file an SAR on you.

                  So assuming you're not trying to defraud anyone, your accountant is there to help you, not dob you in.

                  Comment


                    #10
                    Exactly Maslins.

                    The best advice I can give you is go and see an experience accountant. Provide them with all of the information you have and they will need.

                    They can and will sort this out. I have sorted out messes a lot worse than this in my time!

                    Forget about 31st Jan, if you end up with a late filing penalty of £100 so be it. You are better to file a late accurate return than an on time return full of errors.

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