Reply to: Rates and PAYE

[swamp]

IANAL, but I would say it's a perfectly legal contract though not an enforceable one.

If you paid dividends regardless of the contract, the bank could demonstrate no actual loss/deprivation other than its increased VAT liability, which I expect a court would look dimly on.

[Jkettle]

Does anybody know if what they are asking me to do is legal. If I have my own company is it not up to me how I pay myself?

[xoggoth]

They can get your company accounts easily enough.

[boredsenseless]

If you operate your own Ltd there is no way another company can dictate how you distribute your assets. The only people who can do this are IR and Customs.

Obviously you've signed a contract which you are going to break but they have no way of knowing this, since they have absolutley no right to see your internal company workings.

If you sign over this right to them then you deserve absolutley everything that you get!

[zathras]

Rates and PAYE

I have just been offered a new contract but I am expected to pay myself PAYE with means my Retention figure is going look something like 55% to 60%, which is pretty rubbish.

Apparently this is becoming the norm and the fact I have to pay both employees and employers NI is factored into the rate. Plus I have to public liability insure, plus I don’t get any holiday or sick pay plus I don’t get job security plus I have pay fees to the umbrella company and to my account. Is it just me or is this very one-sided?

Also I read that market rates are going up but is anybody factoring the fact companies are paying more because they are stipulating you pay yourself PAYE.

And why have I read nothing about this???

Confessed.

JK

I wonder if agencies doing this realise that in demanding a say in how your company pays it's workers they may become de facto Shadow Directors are therefore just as liable as you as to how the company is run. They could become seriously SNAFU'ed if it goes pear shaped.

Of course you said 'pay myself PAYE' wee don't we all pay our salaries PAYE. After all it is not actually tax efficient to pay nothing under PAYE.

[Lucifer Box]

Reminds me of an ancient joke of minor topical relevance right now.

Hotel flunkey is taking some room service up to the executive suite of the most exclusive hotel in town. It's a magnum of vintage Cristal champagne and a bucket load of finest beluga caviar. He knocks on the door and a voice shouts, "come in". In he goes and there is George Best in the jacuzzi, with two former Miss Worlds and empty champagne bottles everywhere.

The flunkey slowly shakes his head and says, "George, where did it all go wrong?"

[voron]

Voron, where did it all go wrong?

I ask myself that every night, as I sit beside the fire, head in hands, weaping like a child.

[Lucifer Box]

Actually, I think it might be me

Voron, where did it all go wrong?

[voron]

P.P.S. The one second from the right is DCJ.

Actually, I think it might be me

[Lucifer Box]

Do remember that "justice" usually goes to the one with the biggest cheque book, and banks have big cheque books.

And here's the proof that banks have big cheque books...



P.S. There are people under the age of 65 in the picture so don't look at them otherwise it's

P.P.S. The one second from the right is DCJ.

[ratewhore]

bollocks!! Flick em a twin and walk, got no time for that tulip!! Some of us are trying to run a business...

[threaded]

Ah swampy, so naïve, the courts will side with the bank, whatever they have done "wrong".

Do remember that "justice" usually goes to the one with the biggest cheque book, and banks have big cheque books.

[swamp]

Accept the contract and pay yourself in dividends regardless.

If Hector finds out then the bank (if it is a bank) will be liable to pay extra VAT. The bank wouldn't dare sue for breach of contract because they'd have to explain to the court why they were trying to pass on their tax and employment liabilities.

[BoredBloke]

A simple test would (or could) be, are you happy with the amount after the PAYE deductions? If the answer is no, then tell the agency to shove the role and to find a mug who is prepared to work 2 days per week for Gordon Brown.

[malvolio]

OK, but outside the banking world, the story being sold byt the agencies is that having your contractors under full IR35-like rules will probably protect the client from both claims for employment rights and time-wasting inquireis from Hector - which it won't - after all, if you force someone into an employee-like position with no rights, sure as hell they're going to start demanding them.

What nobody is pointing out is that a proper B2B contract between client and contractor , even with an agency in the middle, would absolutely guarantee that won't happen.

Frustrating isn't it - the answer is known but nobody is selling it.