Director income
Splitting the income would work well. I will push ahead with that approach in mind. Invoicing separately for Dir and non-Dir duties and putting the same amount through PAYE
Checking the whole thing with a specialist before I commit.
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Reply to: CEST
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "CEST"
Collapse
-
Originally posted by malvolio View PostActually the Directorship role is quite straightforward wrt taxes due. Invoice the client at your agreed rate including expenses and so on. Put that money through YourCo's payroll as earned income with the usual taxes deducted. Any other company income from non-Director work you treat as normal, in or out of IR35 as you can best determine..
IR35 is then covered off, your taxes are correct and you have company income for other purposes - warchest, pensions, yacht, whatever.
It's how I used to do it and both the accountant and the client were happy with the arrangement.
Leave a comment:
-
Actually the Directorship role is quite straightforward wrt taxes due. Invoice the client at your agreed rate including expenses and so on. Put that money through YourCo's payroll as earned income with the usual taxes deducted. Any other company income from non-Director work you treat as normal, in or out of IR35 as you can best determine..
IR35 is then covered off, your taxes are correct and you have company income for other purposes - warchest, pensions, yacht, whatever.
It's how I used to do it and both the accountant and the client were happy with the arrangement.
Leave a comment:
-
Originally posted by highlandspring View PostI don't see it that way - I am not back-filing for any perm roles, I am raising private equity for both companies which isn't a regular role its a specialist niche task.
The incumbent Finance teams have no experience in this area which is why I've been brought in for a specific period of time.
I have a consultancy agreement with the Agencies concerned, not their standard terms.
As you highlight concerns I'll have a specialist take a look to be sure though.
Thanks for the heads up etc
Leave a comment:
-
IR35
Originally posted by GhostofTarbera View PostSounds 100% IR35 caught to me
Sent from my iPhone using Contractor UK Forum
The incumbent Finance teams have no experience in this area which is why I've been brought in for a specific period of time.
I have a consultancy agreement with the Agencies concerned, not their standard terms.
As you highlight concerns I'll have a specialist take a look to be sure though.
Thanks for the heads up etc.
I agree its a different matter if I take on a Directorship role as I am discussing.Last edited by highlandspring; 25 August 2019, 14:55.
Leave a comment:
-
Originally posted by highlandspring View PostThanks for your input.
My current and previous roles are clearly consultancy as in each company there was or is someone holding the directorship other than me, but they dont have my skill set which is needed for a period.
In both roles I work for an agency who invoices my time, and I in turn invoice the agency, and in the event that I was off sick or moved on, would provide a replacement so there would be no loss on continuity. So I feel up and until now I am fine.
In one of my roles the director is moving on and I have been asked if I would take over and what my rate / package would be. Hence my post.
This is a small company but my role would then change to be a Director and consultant for a while, then ongoing just a director.
It may be possible to split the roles and be paid via PAYE for Director roles and continue consultancy as both aspects are separate.
Sounds 100% IR35 caught to me
Sent from my iPhone using Contractor UK Forum
Leave a comment:
-
Originally posted by highlandspring View PostSo I feel up and until now I am fine.
Leave a comment:
-
Interim
Thanks for your input.
My current and previous roles are clearly consultancy as in each company there was or is someone holding the directorship other than me, but they dont have my skill set which is needed for a period.
In both roles I work for an agency who invoices my time, and I in turn invoice the agency, and in the event that I was off sick or moved on, would provide a replacement so there would be no loss on continuity. So I feel up and until now I am fine.
In one of my roles the director is moving on and I have been asked if I would take over and what my rate / package would be. Hence my post.
This is a small company but my role would then change to be a Director and consultant for a while, then ongoing just a director.
It may be possible to split the roles and be paid via PAYE for Director roles and continue consultancy as both aspects are separate.
Leave a comment:
-
Speaking from personal experience of this area...
An Office Holder is a person who is filling any role that is defined in the company's Articles of Association, so is not necessarily a board-level appointment but could be as lowly as the Chief Accountant for example.
If the post-holder is not an employee, then their income has to be treated a pure salary for tax purposes, even if (actually, certainly if, as per the old SLC case) they are a director of their own company. You either go on the client's payroll or you ensure YourCo pays its fees to you net of all taxes (including the rules over expenses).
And since those are the rules, it's not actually a question of IR35 or not, although the net effect is the same. However, you can't escape D&C, for instance, so an IR35 defence is pretty flimsy.
If you're that senior and don't know that, ,then you're possibly in the wrong job. Or you've misunderstood the nature of your engagement.
Leave a comment:
-
Office holder
Originally posted by mudskipper View PostAn office holder is always within IR35, regardless of public/private sector or size of company. You need to account from income for an office holder position as PAYE.
Are you sure you're an office holder? The term has a particular meaning - you would typically be a company director or secretary.
Whether IR35 applies is not changing - the change is purely who makes the determination and deducts the tax.
Read up on IR35 and make sure you understand the questions you're answering.
My question is more that I have more opportunities in the pipeline who wish to contract with me directly and I am aware that the rules change in April 2020
Leave a comment:
-
CEST
With a grasp of detail like you appear to have, I’m surprised anyone would use you in such important positions.
It’s likely that you aren’t actually an office holder though as MS says.
If you are then you really need to evaluate the financial risks you are carrying. And as you now know it’s not as you thought, you need to start being inside immediately . Not doing so is fraud.Last edited by Lance; 25 August 2019, 09:21.
Leave a comment:
-
Originally posted by highlandspring View PostI've checked the CEST site and my status appears to be within IR35 for medium or large companies, this is on the basis that I provide office holder duties.
However I only work for small companies as defined by Companies Act, the CEST site has a link for working with small companies but it only contains guidance about how to pay and calc tax and not what the rules are.
How do I check my status for small companies and what basis can I use to remain as a contractor?
Are you sure you're an office holder? The term has a particular meaning - you would typically be a company director or secretary.
Whether IR35 applies is not changing - the change is purely who makes the determination and deducts the tax.
Read up on IR35 and make sure you understand the questions you're answering.
Leave a comment:
-
You are within IR35 for all previous roles, big small makes to difference, small companies just don’t have to do the end check for you
More guff here
HMRC’s ‘Small Company’ exemption from IR35 reform ‘could cause big problems’
What makes you think IR35 does not apply to you ?
Sent from my iPhone using Contractor UK Forum
Leave a comment:
-
CEST
I've checked the CEST site and my status appears to be within IR35 for medium or large companies, this is on the basis that I provide office holder duties.
However I only work for small companies as defined by Companies Act, the CEST site has a link for working with small companies but it only contains guidance about how to pay and calc tax and not what the rules are.
How do I check my status for small companies and what basis can I use to remain as a contractor?Tags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: