We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Limited Company Headache-Advice Needed

I have been planning to open up a limited company for some time now, to save on tax as I am a self employed at the moment.
I told my employers not to pay me until I have set up the company-(It has been a few months as I havent given it priority)

I have spoken to a few accountants about this,but they seem to disagree.My question is this:If I open the company now, can I invoice my employers for the work that has been done in the last few months in the name of the company.
Or else should I purchase a limited company that was started before the work was done?
Does anyone have a solution to my problem?
Thank You

Comments

  • I do not know what the legal position is but which ever way you look at it you have done some work for your employer. The work was not done for them by your company.
    ...............................I have put my clock back....... Kcolc ym
  • 1. Regardless of whether the company is new or already exists your status will not have changed retrospectively - I take it you intend to be a Director and take advantage of corporation tax and dividends to reduce your tax bill? I think HMRC would have a field day with you if you tried that one.

    2. I may be off beam as to your current status but here goes anyway - You mention your employers - if you only work for one person/company it is a moot point as to whether you are self-employed or an employee; and HMRC will also challenge you if you attempt to do so as a one man limited company working for one company.

    I think you need advice from a competent tax lawyer before you finally decide. Or why not ask HMRC? I always found Inland Revenue (as they were then) to be very helpful and willing to explain liabilities in very great detail - we even had one of their advisors come to our office to help us set up systems etc at no charge to us.

    GoG
    K eep
    I t
    S imple
    S tupid!!
  • Pennywise
    Pennywise Posts: 13,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have been planning to open up a limited company for some time now, to save on tax as I am a self employed at the moment.
    I told my employers not to pay me until I have set up the company-(It has been a few months as I havent given it priority)

    I have spoken to a few accountants about this,but they seem to disagree.My question is this:If I open the company now, can I invoice my employers for the work that has been done in the last few months in the name of the company.
    Or else should I purchase a limited company that was started before the work was done?
    Does anyone have a solution to my problem?
    Thank You

    Even if you did buy a limited company that had been formed a few months ago, it still won't achieve what you want. You weren't a director and shareholder of it were you? If you back-date official documents you are committing fraud. The fact is you are an employee or sole trader until your limited company is properly formed. By delaying the formation or acquisition of a limited company, you have given away the benefits of limited liability. As others have said, you need proper advice as to whether the position really is self employment at all - even with a limited company, you may find that IR35 applies which means you have to pay yourself wages, paying tax and NIC, and not dividends. I'm afraid you haven't done yourself any favours by delaying in this case.
  • It is not often that an MSE query produces such a clear cut and unanimous and unequivocal response.
    ...............................I have put my clock back....... Kcolc ym
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.7K Work, Benefits & Business
  • 600.2K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.