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Pay As You Earn (PAYE)
The basic option a contractor has is to get paid directly through a recruitment
agency under PAYE. Taxes and National Insurance are deducted at source. This option
is generally not beneficial as you would receive salary without any allowance and
end up paying more taxes.
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Limited Company Services:
The second option a contractor has is to work through their own Limited Company
(often called a Personal Services Company). Under a Limited Company, you will pay
Corporation Tax on the profits of the company and the take-home income is in the
form of dividends. The contractor is the director and shareholder of the company
wherein they are fully responsible for various administrative and statutory obligations.
With the recent introduction of Managed Service Company Legislation (MSCL) with
effect from April 6, 2007, it is not very clear whether the company the contractor
uses is a Managed Service Company or a Personal Service Company. A contractor can
use the services of an accountant for this as they are exempt from this legislation.
It should be noted that accountants might also come under the influence of this
law because the provisions are still ambiguous.
However, with the ‘Third Party Debt Transfer’ (TPDT) legislation coming
into effect on 6th January 2008, many recruitment agencies do not allow their client
to work through Limited Company services. Under such an ambiguous situation, Locums
Limited does not recommend the use of Limited Company Services.
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Umbrella Company Services:
The third option is to work through an Umbrella Company. An umbrella company can
offer the benefits of a Limited Company without the administrative or statutory
responsibilities. With an umbrella company, a contractor does not have to worry
about IR35, MSCL or TPDT – as they are outside these regulations altogether.
A contractor going for this option will be an employee of the umbrella company.
The umbrella company then does the following for the contractor.
- Invoicing to the contractor’s client, Credit Control and Payroll
- Make appropriate deductions of PAYE and NI and pay net amount into the contractor’s
bank account.
- Comply with all legal issues related to HMRC and Companies House
Wise Approach
Given the present scenario, Locums Limited believes that an umbrella company is
the safest and most viable option available for contractors to save taxes. You can
offset your business expenses against your earnings so you will be better-off compared
to PAYE through your agency. Also there is no risk of any additional tax liabilities
as it operates under PAYE and is not affected IR35 or MSC legislation.
Register Now and Save
Taxes.
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