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Director of a Ltd company do not pay NI?

2

Comments

  • fpd_2
    fpd_2 Posts: 10 Forumite
    Thanks for the advice every one, I'm going to double check the above things with my accountant, as they assure me I am still fully covered for everything.
  • prowla
    prowla Posts: 14,351 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The other aspect is whether you want to pay into a pension - funding it from salary versus from dividends.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    fpd wrote: »
    as an employee of my company I get all these benefits when I am paid the salary, including the full state pension. But I do not physically pay any NI. This is my concern...

    How are building up your entitlement to these benefits if you're not paying any NI contributions?
  • xylophone
    xylophone Posts: 45,986 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How are building up your entitlement to these benefits if you're not paying any NI contributions?
    Something along these lines?http://www.contractoruk.com/money/national_insurance_contractors_guide.html
  • fpd_2
    fpd_2 Posts: 10 Forumite
    I have been on to my accountants today and they can confirm that I am eligible for:

    Basic State Pension
    Additional State Pension, sometimes called the State Second Pension
    Contributions Based Jobseeker's Allowance
    Contributions Based Employment and Support Allowance
    Maternity Allowance
    Bereavement Allowance, Bereavement Payment and Widowed Parent's Allowance
    Incapacity Benefit

    Has anyone else ever heard of this, or does this not sound right to anyone?
  • shedboy94
    shedboy94 Posts: 929 Forumite
    It's a tax dodge, but a perfectly legal loophole.
  • fpd_2
    fpd_2 Posts: 10 Forumite
    Wow, well it sounds like it's legit then. Lucky me...
  • System
    System Posts: 178,433 Community Admin
    10,000 Posts Photogenic Name Dropper
    Doing things like that is normally a good way to get HMRC going through your books and probably investigating the IR35 angle to boot.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • BigAunty
    BigAunty Posts: 8,310 Forumite
    1,000 Posts Combo Breaker
    !!!!!! wrote: »
    Doing things like that is normally a good way to get HMRC going through your books and probably investigating the IR35 angle to boot.

    My partner has been through one of these compliance interviews where the HMRC regularly target IT contractors (and rarely win the case but this doesn't deter them).

    The HMRC wish to prove that the contractor is not truly self-employed (there's various factors they consider, including length of time of the contract, if the terms/conditions are more like regular employment than being self employed, such as fixed hours of work, not being able to substitute yourself with another employee and so on, it's quite complex).

    They hope to make the contractor pay back lots of PAYE tax and NI contributions.

    It's just a shame that the govt won't sort something out to stop the witch hunts by the HMRC which don't yield much more tax and ensure that NI is paid by all, including company directors.

    "Of all the cases PCG's expert advisers have been involved in, PCG members have won 1,485 cases and HMRC has won just 8 (correct as of March 2010). "


    http://www.pcg.org.uk/cms/index.php?option=com_content&view=category&layout=blog&id=666&Itemid=1092
  • fpd_2
    fpd_2 Posts: 10 Forumite
    Yeah IR35 try to suss out if what you are doing is 'disguised employment'. I am truly self-employed, and my books are pretty good too, so even if this was to happen, I'm sure I would be fine. Even with this, is seems too good to be true.
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