Isle of Man Resident contracting in UK

[cssmonauts]

If the agencies won't deal with an IOM company (and I understand that most won't). could you set up a UK LTD and subcontract the work to your IOM LTD and then pay IOM taxes that way? (Presuming you are non-resident in the UK for tax purposes)

UK LTD makes no profit so no tax to pay in the UK and you can take advantage of the IOM tax laws.

OOOh, that sounds very clever! My Brother in Law has a UK LTD CO for his contracting, maybe we could do it through that...!

[cssmonauts]

Thanks people, there's some very creative thinking here!
I'm going to arrange to talk to an IOM accountant today & will report back. Logically, the idea of a UK LTD CO subcontracting to an IOM LTD CO seems a good way to go, I just hope Hector agrees!
Once again, thanks to all for the thoughts - I think I'm going to enjoy it here!

[BlasterBates]

If you work in the UK you should tax yourself there. You need to differentiate between personal tax residency and tax residency of a business. If you're physically doing the work in the UK and not in the IOM HMRC will expect their cut. Lets put it this way with a clever tax lawyer you might be able to argue that your business whatever that is is not really in the UK even though you turn up on Monday and go back Friday, but this won't be seen any differently by the HMRC than any other dodgy scheme and if they happened to spot you in an inspection you can bet they'd demand the tax. What you can avoid is personal Tax residency so any divis, interest you get in the IOM wouldn't be taxed.

My advice just set up a UK Ltd and have done with it, try to maintain your IOM residency and eek out any advantages. That's the only safe route, any other might or might not get you into trouble. But trouble wil be very expensive i.e. court battles, then interest on tax unpaid and possibly penalties on top. If it went sour (as frequently happened with UK residents running their foreign activiities through their UK Ltd) you'll end up with nothing.

[NotAllThere]

As a concession, if you leave the country and don't intend to return, then you can be treated as non-domiciled and non-resident as soon as you leave.

With respect to using an off-shore ltdco, there are two aspects.

1. Company taxation. If HMRC view your company as having a presence in the UK, then it will be subject to UK taxation. However, as suggested above, there are ways of ensuring that yourco makes no profit, so no tax is due.

2. Personal taxation. So long as you stay within the limits, you'll have no tax to pay in the UK. Note that under some circumstances, days of arrival and departure are counted as working days.

In my case, using a Swiss company in the UK five years ago for three months, I didn't get hit for personal taxation, as I wasn't there long enough, and my company paid all income (less expenses) out to me as an employee, and so the engagement in the UK made no profit, so no tax due. In CH, the dividend route is blocked by double taxation. Company pays tax on the profit, and shareholder pays tax on the dividend income.

There are agencies which have no problem with off-shore companies. The reason some are leery, is that if you abscond without paying due tax, the agency could get lumbered. They fear that the tax man will ignore your ltdco, and treat the agency as if they were your employer.

[BlasterBates]

Thanks people, there's some very creative thinking here!
I'm going to arrange to talk to an IOM accountant today & will report back. Logically, the idea of a UK LTD CO subcontracting to an IOM LTD CO seems a good way to go, I just hope Hector agrees!
Once again, thanks to all for the thoughts - I think I'm going to enjoy it here!

No that won't work (but you can double check with a UK accountant), because the sole employee and managing director of that company "you" will be doing all the work in the UK, so your IOM company would be expected to register a branch in the UK and you're back to square one.

Don't rely on the advice of an IOM accountant, he's an expert in IOM law not UK tax law and he's not liable if he screws up, always take advice from a UK accountant. Someone you can point to and can legally take the blame.

Foreign companies are liable for tax wherever they do business and are expected to register in each country where they do business.

[Boo]

I will be travelling & staying in the UK during the week, home at weekends. I've seen some things that say that if I work more the 180 days I might have to pay UK tax, so not sure.

It is 183 days </pedantic>. There are some informal statements of the 183 day and the 91 day rules here and here and these give the way the days are counted in the UK.

Hth,

Boo

[iarmst]

Same situation, coming from Spain

Great thread thus far, looks like this matches my situation.

I am living in Spain (since 2004) and am tax resident here. I have a contract offer in the UK and was hoping on using my Spanish LTD company but the agency seems nervous about this.

So, to the question. If I set up a UK LTD company and spend 5 days a week in the UK fulfilling the contract (meaning more than 183 days a year) can I expense flights and lodging as I am travelling from my home to fulfil the contract? I really do not mind paying the UK tax, I just want the contract!

Cheers, iarmst

[cssmonauts]

Great thread thus far, looks like this matches my situation.

I am living in Spain (since 2004) and am tax resident here. I have a contract offer in the UK and was hoping on using my Spanish LTD company but the agency seems nervous about this.

So, to the question. If I set up a UK LTD company and spend 5 days a week in the UK fulfilling the contract (meaning more than 183 days a year) can I expense flights and lodging as I am travelling from my home to fulfil the contract? I really do not mind paying the UK tax, I just want the contract!

Cheers, iarmst

Exactly. Agents don't like offshore companies because it could leave them liable for unpaid tax & NI.

Thanks to the guys & gals on here, I'm pretty much concluded that a UK LTD is the easiest, most efficient & safest route to go. Good luck dude!