E101

[wurzel]

If you are going through your Ltd Co, then you do it as I said above. All I can suggest is that you give them copies of the forms you send to HMRC; and perhaps a recent payslip to prove NICs paid. And talk to them.

What if the contract isn't under IR35? I'm not paying any NICs then. Does that mean I won't get the E101 or is it just a formality?

[wurzel]

Just found out why I'm needing to do this. The client co have no interest whatsoever in the E101, it's the frikkin agency that want it for some reason & it's them who will terminate if I don't provide it. Makes absolutely no sense at all. Agancy is Spring btw.

[Tarquin Farquhar]

What if the contract isn't under IR35? I'm not paying any NICs then. Does that mean I won't get the E101 or is it just a formality?

I don't know. The E101 proves continuing liability to UK NICs. Arguably you do have a continuing liability to pay UK NICs, you just haven't reached the threshold of qualifying income. OTOH it would be quite logical to refuse to give you a certificate of payment of UK NICs, because you are not paying them; leave it to the other jurisdiction (C.I.) to decide whether you are liable to pay there.

IMHO that would be quite a logical consequence of your choosing not to earn enough salary to pay NICs.

[TheFaQQer]

Just found out why I'm needing to do this. The client co have no interest whatsoever in the E101, it's the frikkin agency that want it for some reason & it's them who will terminate if I don't provide it. Makes absolutely no sense at all. Agancy is Spring btw.

Sounds like you need to get talking to the client - get your side of the story in first, as the last thing you want is the agency to terminate the contract and have them tell the client "oh, he just gave notice and disappeared - we're as disappointed as you are, but here's a ready-made replacement by the name of Bob..."

[balajo]

E101 or s1

What if the contract isn't under IR35? I'm not paying any NICs then. Does that mean I won't get the E101 or is it just a formality?

Did you get the e101 issue despite not reaching the nic threshold?
I'm paying myself the minimum salary to avoid employee and employer nic and I want to get the e101 too. cheers

[SueEllen]

Did you get the e101 issue despite not reaching the nic threshold?
I'm paying myself the minimum salary to avoid employee and employer nic and I want to get the e101 too. cheers

You can get one without reaching the minimum nic threshold.
I got one then found I didn't need it in the end.

[SueEllen]

Unfortunately, my contract will be terminated in 5 days if I don't get it sorted out. My fault really, I knew it had to be done but completely forgot about it; been so busy sorting out client's website!

It took me months to get the certificate back from Newcastle.

So even if you had applied for it in time depending on the length of your contract you could be back in the UK before you get the certificate.

Edited to say: From the sounds of it they sound like a department where only a few people deal with the forms and if the particular person dealing with yours goes off sick/on maternity leave then your paperwork doesn't get dealt with.

[balajo]

It took me months to get the certificate back from Newcastle.

So even if you had applied for it in time depending on the length of your contract you could be back in the UK before you get the certificate.

Thanks for responding, two more quick questions
When they issued it, did the issue it from the day you applied for it and for how long was it valid for?
And is it possible for them to backdate for prior periods?
Cheers

[SueEllen]

Thanks for responding, two more quick questions
When they issued it, did the issue it from the day you applied for it and for how long was it valid for?
And is it possible for them to backdate for prior periods?
Cheers

I applied before my contract was suppose to start. The certificate lasts from a year from my contract start date.

Apparently the certificates only last a year then you have to reapply for another year.

I would ring and talk to them to see if they can back date it. However you will need to have a proper excuse why you as the employer didn't send the form off before your employee (you) started their assignment abroad.

[SueEllen]

Just found out why I'm needing to do this. The client co have no interest whatsoever in the E101, it's the frikkin agency that want it for some reason & it's them who will terminate if I don't provide it. Makes absolutely no sense at all. Agancy is Spring btw.

Your client is actually the agency not the end-client whose site you are working at.

And some agencies are more cautious than others with ensuring contractors have all the right paperwork even though some of these still can't do the passport/right to work in the UK checks they claim are for the UK Borders Agency correctly.