Reply to: Client claims to have run out of money! Where do I stand?

[SueEllen]

So my question is valid, do you get to trouser the bang of sand in this instance?, since paying it into your company accounts seems like an old goal given that HMRC doesn't allow you to offset the IPSE membership costs.

I presume you mean "own" goal?

Anyway if HMRC decided to go through your company accounts to find you paid IPSE membership through the company then it would be due to an investigation which IPSE would be representing you for.

[missinggreenfields]

So my question is valid, do you get to trouser the bang of sand in this instance?, since paying it into your company accounts seems like an old goal given that HMRC doesn't allow you to offset the IPSE membership costs.

The company can pay for your IPSE membership, but you cannot account for it against corporation tax, because IPSE are not an HMRC accredited membership body. To be accredited, IPSE would need to provide a list of the members to HMRC every year - which they refuse to do and have said that they will never do.

That does not mean that the company cannot pay for it. This has been discussed many times on CUK and even on the PCG forums a fair few times.

Anyone who suggests that it can't be claimed is just plain wrong - so your point is moot.

[Darren at Fox-Bartfield]

Insurance

It's still a business interruption insurance. Not allowable for tax purposes as IPSE isn't a recognised body by HMRC due to non disclosure of a membership list.

An interesting point but effectively company income which has arisen as a result of the company's contract with the client. Would also pay the subscriptions out of the company on a similar basis to entertaining costs. Should be reimbursed with no tax effect (i.e. tax neutral) but thought of as a way of extracting tax free sums from the company.

[SlipTheJab]

+1

So my question is valid, do you get to trouser the bang of sand in this instance?, since paying it into your company accounts seems like an old goal given that HMRC doesn't allow you to offset the IPSE membership costs.

[Darren at Fox-Bartfield]

IPSE

No, it really isn't.

+1

[craigy1874]

IPSE+ is an allowable business expense, but I would expect that the payment will go to whoever is insured.

No, it really isn't.

[missinggreenfields]

You don't 'opt in'. You may 'opt out'. If you don't opt out, then you're in.

The Agency conduct regs hokey kokey.

Either way I cant see it helping - you get paid for the work that you do.

[missinggreenfields]

Does that grand go directly into your sky rocket rather than the company bank account I wonder (given that IPSE+ membership is not an allowable business expense)

IPSE+ is an allowable business expense, but I would expect that the payment will go to whoever is insured.

[Willapp]

Since you don't get paid for work not carried out (regardless of notice period), I would stop working as soon as you know their budget has run out and therefore not expect to be paid beyond this point. Yes in an ideal world you give two weeks notice, work those two weeks and get paid for it.

As a contractor you would never expect to get paid if you weren't working and since they've at least had the decency to be up-front about their financial position, once you know they have no money you can't really expect to get paid, notice period or not, so don't carry on working or you're bound to end up out of pocket for it.

[WTFH]

I have spoken to the agentcy and thier line is I must resolve this with the client, typical BS, why would they work for their/my money anyway right?

Check your contract, see if it says anything about you not discussing the contract with the client. If there is, then it's the agent's responsibility. If there isn't then...


Point out to the agent that you cannot discuss the agent's payment terms and the agent's contract with the client without you seeing a full copy of said contract as you would not like to say anything to the client that might be factually incorrect or jeopardise the agent's ongoing relationship with the client.


Do all this in a written form (email will do) and make sure you place at the top of the email body "Without prejudice save as to costs"

[LondonManc]

The agency will have dealt with similar situations before so ring them - they'll want their income stream and will know how to handle this better than you. Besides, they've got to earn their commission somehow!

If the money runs out at the end of the week, don't put yourself at risk next week. Inform the agency and client that you won't be back on site until it's sorted because you're not prepared to work at the risk of not getting paid.

Get your cv out straight away and consider yourself on the market.

[SimonMac]

You don't 'opt in'. You may 'opt out'. If you don't opt out, then you're in.

The Agency conduct regs hokey kokey.

Is that what it's all about?

[SlipTheJab]

You can claim into 1k from your IPSE+ membership if the agency don't honour the contract under the business interruption policy so give them a ring.

Don't be expecting to get paid for work you didn't (or won't) do.

Does that grand go directly into your sky rocket rather than the company bank account I wonder (given that IPSE+ membership is not an allowable business expense)

[mudskipper]

Did you opt in?

You don't 'opt in'. You may 'opt out'. If you don't opt out, then you're in.

The Agency conduct regs hokey kokey.

[LaunchpadBS]

Did you opt in?

Opted Out unfortunately, the agency almost insisted that I did, lesson learned.


@northernladuk

Thanks I'll look into it.

I have spoken to the agentcy and thier line is I must resolve this with the client, typical BS, why would they work for their/my money anyway right?