Originally posted by vik845
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Reply to: Sole Trader query
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Previously on "Sole Trader query"
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Originally posted by d000hg View PostIP rights is absolutely something you can have addressed in your contract. In some sub-sectors of software development it's very common for people to have pet projects, or work actively on FOSS projects. I was under the impression UK/EU protection stops companies being able to 'own' you despite what they may put in your contract. This is assuming you;re not writing something which competes with your client or uses your insider knowledge.
Be aware of it but it's not insurmountable.
Sole Trader is a perfectly reasonable way of doing things, I thought generally 'employers' didn't like it as it increases their liabilities? i.e. if they're happy then it's fine. Lots of freelance web-devs in particular work this way.
Have they said WHY they won't work with your 'Entity'?
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IP rights is absolutely something you can have addressed in your contract. In some sub-sectors of software development it's very common for people to have pet projects, or work actively on FOSS projects. I was under the impression UK/EU protection stops companies being able to 'own' you despite what they may put in your contract. This is assuming you;re not writing something which competes with your client or uses your insider knowledge.
Be aware of it but it's not insurmountable.
Sole Trader is a perfectly reasonable way of doing things, I thought generally 'employers' didn't like it as it increases their liabilities? i.e. if they're happy then it's fine. Lots of freelance web-devs in particular work this way.
Have they said WHY they won't work with your 'Entity'?
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Originally posted by vik845 View PostI have been advised - "we’re unable to contract with your entity BUT can contract with you for (6) months as an individual" after that they will see.
I used to have 5 customers I had to give them up when I went permy.
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Originally posted by vetran View PostIf they have any sense it will be a Fixed Term Contract i.e. a Permie but with an end date.
If they try any other way they are opening themselves up to an employment status issue & tax issue.
If they Sole trader you you just need to not pay any tax & HMRC will assume they should have deducted PAYE.
get some advice. Maybe use your IPSE legal question?
You will have issues with the employer owning your IP & expecting exclusivity.
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If they have any sense it will be a Fixed Term Contract i.e. a Permie but with an end date.
If they try any other way they are opening themselves up to an employment status issue & tax issue.
If they Sole trader you you just need to not pay any tax & HMRC will assume they should have deducted PAYE.
get some advice. Maybe use your IPSE legal question?
You will have issues with the employer owning your IP & expecting exclusivity.
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Originally posted by northernladyuk View PostCheck first that the end client doesn't want to contract directly with your Ltd.
Response from client - we are interested in contracting with you DIRECTLY not your company… we’re unable to contract with your entity BUT can contract with you as an individual. Not sure if this comes under sole trader or something else and how it works in terms of Taxes ?
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Originally posted by BigRed View PostI'd be surprised if the agency didn't have something in your contract preventing this. Also, why would you be moving to sole trader?
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sole Trader
I've checked with the agency and they don't have an issue me working directly with the client. And the client is mentioning that they are unable to contract with my entity but can contract with me directly as an individual.
So I'm trying to understand if there any implications and how will It impact my take home salary and taxes?
Thanks
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I'd be surprised if the agency didn't have something in your contract preventing this. Also, why would you be moving to sole trader?
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Originally posted by vik845 View PostHi All
Ive been working through my limited company for a client via an agency. As the agency contracts are coming to an end with the client, the client wants to hire me directly as an individual contractor (I assume this will be as a sole trader) on the same daily rate.
Can you guys advise if I need to aware of any legal or tax implications moving from limited company to sole trader? And will my take home roughly be the same or less or higher?
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Sole Trader query
Hi All
Ive been working through my limited company for a client via an agency. As the agency contracts are coming to an end with the client, the client wants to hire me directly as an individual contractor (I assume this will be as a sole trader) on the same daily rate.
Can you guys advise if I need to aware of any legal or tax implications moving from limited company to sole trader? And will my take home roughly be the same or less or higher?Tags: None
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