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  1. Replies
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    999

    I’m familiar with the scheme OP is referring to...

    I’m familiar with the scheme OP is referring to and it was one of the motivations for HMRC introducing the limited cost trader rule. Agencies would setup multiple Ltd companies for their recruits and...
  2. Replies
    41
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    2,029

    I’m a bit confused as to why they’ve invoiced you...

    I’m a bit confused as to why they’ve invoiced you for the overpayment - it’s not a sale. I would have expected the correct procedure to be for you to issue a credit note for the original invoice and...
  3. Replies
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    Sales / daily rate = days billed.

    Sales / daily rate = days billed.
  4. Replies
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    8,027

    218 days this year, although I deliberately took...

    218 days this year, although I deliberately took December off and a week for holiday earlier in the year. Had agreed to a 3 month extension from Jan-end of March but unfortunately client has decided...
  5. Replies
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    Just ran through it for my current client and it...

    Just ran through it for my current client and it came back as outside IR35. I did select that I had the right to substitute and that the client could not refuse one (which is effectively what my...
  6. Replies
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    In the context of IR35 yes, there is a specific...

    In the context of IR35 yes, there is a specific rule relating to office holders and IR35. It basically means you cannot act be remunerated for services as the office holder of another company via...
  7. What's your source for this? That's Labour's...

    What's your source for this? That's Labour's policy.
  8. Replies
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    531

    Yes, although in the common scenario of said...

    Yes, although in the common scenario of said shareholder being a spouse it would, IMO, be more prudent to make them a director for other reasons (easier to take care of matters if something were to...
  9. Replies
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    531

    Why do you want a company secretary?

    Why do you want a company secretary?
  10. As has been mentioned already, travel expenses...

    As has been mentioned already, travel expenses are not claimable through an umbrella unless you can show you aren’t caught by the SDC rule. Nobody is disputing that.

    Claiming expenses through an...
  11. If you're with an umbrella, are engaged on...

    If you're with an umbrella, are engaged on multiple assignments (so each client site can qualify as a temporary workplace) and you are not caught by the SDC rule, then you can "claim" expenses. With...
  12. Replies
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    1,614

    OP's employer is their umbrella. They aren't...

    OP's employer is their umbrella. They aren't providing parking for the OP. OP is paying out of their own pocket to pay at the end client's site. It's not the same thing.

    A better analogy would be...
  13. Replies
    38
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    1,614

    What are you on about? My point to OP is that...

    What are you on about?

    My point to OP is that travel expenses aren’t claimable. Parking fees are travel expenses.
  14. Replies
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    1,614

    What are parking fees if not travel expenses?

    What are parking fees if not travel expenses?
  15. Replies
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    794

    It can take several days before your statement of...

    It can take several days before your statement of account is updated.
  16. Replies
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    1,016

    To reiterate: if the BB contract is not in the...

    To reiterate: if the BB contract is not in the company name then you can’t reclaim any of it.
  17. I was responding to Cirrus rather than OP but yes...

    I was responding to Cirrus rather than OP but yes I agree it sounds like OP doesn’t quite understand what it means to “claim expenses”.
  18. There are a number of circumstances where travel...

    There are a number of circumstances where travel costs would not be reclaimable:

    * You're a permie and your travel is considered ordinary commuting to a permanent workplace.
    * You work for an...
  19. Interesting, thanks for that. I don’t remember...

    Interesting, thanks for that. I don’t remember this coming up in the numerous discussions we have had on here about this in the past.
  20. Why not? The TAAR applies to any capital...

    Why not? The TAAR applies to any capital distribution if all the tests are met - I don't remember there a "as long as its over £25k" rule. A capital distribution of £25k would still yield a decent...
  21. Quite possibly.

    Quite possibly.
  22. If you do not receive the tax benefit of a...

    If you do not receive the tax benefit of a capital distribution but instead take your profits as income (e.g. dividends) then you do not need to worry about the TAAR "2 year" rule.
  23. Replies
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    I forgot to add - I recommend Virgin 350Mb fibre...

    I forgot to add - I recommend Virgin 350Mb fibre if you can get it. I get a £5/month discount as I also have a business mobile plan with them too. Costs £35 ex VAT.
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    FWIW - bearing in mind you probably wouldn't get...

    FWIW - bearing in mind you probably wouldn't get investigated - but this is not the correct way to go about claiming broadband costs from YourCo. You cannot claim a proportion of fixed costs as an...
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    I do but it satisfies the two necessary tests: ...

    I do but it satisfies the two necessary tests:

    1) its wholly and exclusively for business purposes - I cannot do my job without it making it essential for me to have it. Services - like other...
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    Presumably she has agreed to give you back her...

    Presumably she has agreed to give you back her shares and there was no prior agreement that she would give them back at some point?
  27. No mention of IR35 in the original post, I’m...

    No mention of IR35 in the original post, I’m assuming they cannot claim travel expenses because it’s a single engagement through an umbrella and so the clients workplace is considered a permanent...
  28. Working practices can trump a contract - normally...

    Working practices can trump a contract - normally where the contract is deemed outside but the working practices are would make you inside.

    However starting with a contract assessed as inside...
  29. Replies
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    301

    No, it is not zero rated. It is outside the scope...

    No, it is not zero rated. It is outside the scope of UK VAT - i.e. it’s not taxable for VAT purposes It is still included in Box 6 of your VAT return if you are on the standard VAT scheme but you...
  30. Replies
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    LMGTFY Place of supply of services (VAT Notice...

    LMGTFY

    Place of supply of services (VAT Notice 741A) - GOV.UK
  31. Replies
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    A B2B supply of consultancy services to a...

    A B2B supply of consultancy services to a business outside the UK is outside the scope of UK VAT and as such no VAT is chargeable.

    If you’re VAT registered and supplying overseas clients you...
  32. Test it against the general rule: would the loan...

    Test it against the general rule: would the loan be "wholly and exclusively" for business purposes? Would you be able to convince HMRC in the event of an inspection? If the answer to either of these...
  33. The video is doctored. It's edited to make him...

    The video is doctored. It's edited to make him look stumped by the final question when in reality he answered the question immediately.

    Daniel Sandford on Twitter: "So this happened. The...
  34. I'm not talking about sham setups. I'm talking...

    I'm not talking about sham setups. I'm talking about the complete opposite. I'm talking about genuine RoS clauses that the client are 100% willing to let you use if necessary.



    On the contrary...
  35. Disagree. A solid right of substitution is one of...

    Disagree. A solid right of substitution is one of the easiest ways to avoid IR35. Its probably fair to say that a lot of substitution clauses aren't worth the paper they are written on (not...
  36. Replies
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    Employee travel expenses aren’t cost of goods...

    Employee travel expenses aren’t cost of goods sold. Are you even selling goods, for starters? The cost of reimbursing employee travel costs is an administrative expense. It could come under staff...
  37. Replies
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    Reimbursed in what way? Are you talking about...

    Reimbursed in what way?

    Are you talking about paying personally and YourCo reimbursing you? If so like any other employee expense.

    If you mean recharging the cost to the client, then this...
  38. No you can’t. Not directly anyway. YourCo...

    No you can’t. Not directly anyway.

    YourCo should pay for most of these costs directly in contracts under its own name if they are wholly and exclusively for business purposes. You and your...
  39. Replies
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    IMO the extra £600 a year cost and 20 minutes...

    IMO the extra £600 a year cost and 20 minutes extra is more than enough to deem it substantially different. It's not at all comparable to the usual example of "different workplace, same location"...
  40. Replies
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    The cost is not the only test. HMRC guidance is...

    The cost is not the only test. HMRC guidance is pretty vague. It says that a new workplace could be considered a new location - even if it is close to the old one - if there is a substantial effect...
  41. DIY, it's not difficult.

    DIY, it's not difficult.
  42. Replies
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    I think it would be a mistake to lump all TV...

    I think it would be a mistake to lump all TV presenters in together as clearly some presenters can command a lot more independence and control over others. The Lorraine Kelly case was particularly...
  43. YourCo can pay for this and it will be a...

    YourCo can pay for this and it will be a tax-deductible expense for YourCo, that's not an issue.

    As with all expenses reimbursed to or incurred for the benefit of a director/employee (like travel,...
  44. Replies
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    When you close down a company, any shareholder...

    When you close down a company, any shareholder funds left after final dividend distributions are distributed as capital. Assuming the shareholders paid a nominal amount for their shares (£1) and the...
  45. Replies
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    Sounds like there’s still an opportunity to plan...

    Sounds like there’s still an opportunity to plan around this accordingly, eg make sure you don’t take enough dividends to push you into the higher rate and try and time it for the end of the tax year?
  46. Replies
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    I thought the normal CGT rate for basic rate tax...

    I thought the normal CGT rate for basic rate tax payers is 10%?
  47. No you do not. Out of scope supplies are excluded...

    No you do not. Out of scope supplies are excluded from your flat rate turnover and should therefore be excluded from Box 6. Unlike on the standard scheme, out of scope supplies are excluded from your...
  48. So is this a case of it splitting how it applies...

    So is this a case of it splitting how it applies the personal allowance to achieve the most tax efficient result?
  49. Yes, if as a result of a tax code adjustment Joe...

    Yes, if as a result of a tax code adjustment Joe Bloggs has overpaid tax after accounting for underpaid tax from previous years then he would be entitled to a refund at the end of the tax year. If he...
  50. Simple explanation: if Joe Bloggs is a higher...

    Simple explanation: if Joe Bloggs is a higher rate tax payer, then in order to collect £1k in underpaid tax, HMRC would only need to reduce the tax code by £2500 (i.e. 1000L) because the effect of...
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