Originally posted by jmhsesolutions
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Reply to: Set up company or go umbrella?
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Previously on "Set up company or go umbrella?"
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Originally posted by jmhsesolutions View PostBut the Paystream contract has a Post Employment Contract Restriction that seems to prevent me from switching to my own company. Did you have this problem?
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Originally posted by jmhsesolutions View PostI am with a brolly (Paystream) and have been so for 7 weeks. I want to switch to ltd whilst still working for the same client because I signed up with Paystream to see if contracting was something for me. But the Paystream contract has a Post Employment Contract Restriction that seems to prevent me from switching to my own company. Did you have this problem?
Is that restrictive clause legal under UK or EU law?
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Switching from brolly to ltd
Originally posted by ladymuck View PostMaybe the landscape back in 2005 was different but that's exactly what I did when I first started. I landed a contract, had no idea what I was doing, so went with a brolly for three months while I worked it all out and set up my LtdCo. I then transferred my contract over to my LtdCo and the agency were absolutely fine about it. It was public sector, too, local county council.
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Originally posted by mike67 View PostRegardless of public or private sector, IMHO if you are considering switching mid-contract, probably best to discuss with the agency at the start and check whether they are happy to do it. Friend of mine about two months ago wanted to switch and the agency point blank refused to agree it mid-assignment (and it was a private sector outside IR35 role).
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Regardless of public or private sector, IMHO if you are considering switching mid-contract, probably best to discuss with the agency at the start and check whether they are happy to do it. Friend of mine about two months ago wanted to switch and the agency point blank refused to agree it mid-assignment (and it was a private sector outside IR35 role).
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Originally posted by mike67 View PostNot sure I agree with this.
If the OP is outside IR35, the contracting model for limited and umbrella is very different. In the umbrella model you are usually supplied as a specific individual and things like AWR apply (so the agency has to get comparable salary info, apply uplifts etc) whereas in the limited model the PSC is supplying a service which may or may not be delivered by the individual.
In my experience, agencies are reluctant to allow people to switch from umbrella to limited mid-assignment as it increases risks of IR35 investigation.
It's an assumption though so have to see if the OP will clarify.
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Originally posted by mike67 View PostNot sure I agree with this.
If the OP is outside IR35, the contracting model for limited and umbrella is very different. In the umbrella model you are usually supplied as a specific individual and things like AWR apply (so the agency has to get comparable salary info, apply uplifts etc) whereas in the limited model the PSC is supplying a service which may or may not be delivered by the individual.
In my experience, agencies are reluctant to allow people to switch from umbrella to limited mid-assignment as it increases risks of IR35 investigation.
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Originally posted by lucycontractorumbrella View PostDon't forget you can always start with a brolly, and if you decide to go down the Ltd company route, you always have the option to move once its all set up.
If the OP is outside IR35, the contracting model for limited and umbrella is very different. In the umbrella model you are usually supplied as a specific individual and things like AWR apply (so the agency has to get comparable salary info, apply uplifts etc) whereas in the limited model the PSC is supplying a service which may or may not be delivered by the individual.
In my experience, agencies are reluctant to allow people to switch from umbrella to limited mid-assignment as it increases risks of IR35 investigation.
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Originally posted by JonSmile View PostI moved out of contract market a couple of years ago and shut down my company.
Now looking to get another contract and looking into either being lazy and going umbrella or setting up a new company.
Are there still big benefits of having a ltd as the dividend tax breaks have all but being removed?
Expect to be on a 6 month contract with possibility of further 6-12 months and rate around £600 day.
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As everyone said, if this is a short-term thing then umbrella may be right for you, if not then Ltd would net you more (outside IR35).
Don't forget you can always start with a brolly, and if you decide to go down the Ltd company route, you always have the option to move once its all set up.
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For me the question would be one of 'how long do you intend staying contracting' because on the face of it at that rate a LTD would be my choice.
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Obviously there are more elements to consider than just your day rate but, with a contractual day rate of £600 and some expectation of this being more than a short term thing then it would seem that you would be well advised to operate through a limited company.
Although the way in which dividends are taxed has changed and you would be likely to have a liability where previously you may not have. The notional tax credit has also been removed meaning that you actually have to take more income to reach the basic rate threshold.
You do also, of course have more control over your personal income and therefore rates of tax when operating through a PSC than an Umbrella and there is the potential to claim travel and subsistence expenses as well.
This is only a start and you will need to discuss your situation and needs with an accountant.
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