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#1 Posted : 16 December 2007 16:17:00(UTC)
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Posted By Liesel Assuming that you have Public Liability and Professional Indemnity cover for you activities, I wonder if anyone has any views about the benefits/disbenefits of sole trader vs limited company route for H&S work? It looks like I may be offered some work on a freelance basis (via a company that already knows my work), and whilst the PL/PI aspects go without saying, I am struggling to see any real benefit to working with a limited company rather than as a sole trader, at least in the short-term, particularly as this is likely to be small-scale work initially and not requiring much capital outlay so no set-up debts. Has anyone out there got any advice to offer on this please?
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#2 Posted : 16 December 2007 16:40:00(UTC)
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Posted By Paul Leadbetter Liesel You need to talk to an accountant; there are some tax advantages to working as a limited company at the moment but these will reduce and then disappear over the next couple of years. Paul
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#3 Posted : 17 December 2007 08:52:00(UTC)
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Posted By Andy Brazier The way I understand this is being limited can protect you from your creditors if you go bust, and has very little to do with professional and public liabilities. Even the tax advantages are minimal now to being limited.
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#4 Posted : 17 December 2007 09:03:00(UTC)
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Posted By Clare Gabriel Some larger organisations do not trade with sole traders - not sure exactly why but it does happen. I am a limited co, and VAT registered - on the advice of my accountant - and as long as you have a good accounts program like SAGE or QUICKBOOKs the VAT element is no big deal - some just do not like acting as an unpaid civil servant to the chancellor!!!
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#5 Posted : 17 December 2007 09:22:00(UTC)
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Posted By holmezy As others have said, there are tax benefits being a limited company however, these dont realy become advantageous until your earnings as a Company pass £50k approx. The benefits are being whittled away over the next few years. Go see your accountant for more info. The main benefit of being limited as opposed to sole trader comes if, or when, you are in the unfortunate position of someone submitting a claim against you. If you are a sole trader then you could possibly lose all your assets, ie money, home, car, tool, equipment, (wife and kids??) etc. You may be aware that lots of sole traders put the house, car, bank account etc in the wifes name, then when someone claims, all he will lose is whatever he has in his pockets, in effect. The "limited" part of "limited Company" protects, to a greater degree, the "personal" assets you may have. Any claims can only be made against the "company", which if it a hired office with a desk in it, then theres not a lot of flesh to loose. I'm probably wrong but thats my understanding. Holmezy
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#6 Posted : 17 December 2007 09:45:00(UTC)
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Posted By Robert Randall Hi Liesel, I am a limited Company and VAT registered. The main advantages that I obtain are a higher profile for the business (companies don't like dealing with sole traders) and that I can reclaim VAT on purchases. You could start off as a sole trader and then, if you want to attract more clients, become limited since it looks better to the potential new client when you advertise. Regards, Bob R
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#7 Posted : 17 December 2007 09:57:00(UTC)
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Posted By Andy Brazier Holmzey makes the point that as limited you are more protected if someone makes a claim. However, if you are a one man band limited company my understanding is that you are the company. If a client wants to claim based on advice given it will be seen that you personally gave the advice and so are personally liable. This is why you need insurance. If you are a larger company it is far more difficult to hold an individual liable.
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#8 Posted : 17 December 2007 10:12:00(UTC)
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Posted By holmezy Liesel, in response to Andy's point. Yes, you can be a limited company as a sole trader, rather than just a sole trader. The "protection of personal assets" still applies for the limited Company aspect. A sole trader is , in effect, the company, so houses, cars, tools, any other assets are all up for grabs should a claim arise. Whereas if you set up a limited company, then you become an employee of that company and draw a salary, to pay for YOUR house, YOUR car,etc Any claim would be against the company or its assets, ie cash, premises etc. If you are a one man band, earning over £50k then I'm guessing your accountant should advise you to go limited for tax reason, vat reclaim etc. Many small limited company directors pay themselves a tiny salary to minimise the income tax, then they are allowed a tax free payment of the profits, or something like that. Get in quick, cuz the government are closing some of these tax "loopholes" over thecoming years. Holmezy Strange.......this thread is more company set up and accounting, yet no-one has compained that its not H+S and gone off on a rant!
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#9 Posted : 17 December 2007 10:22:00(UTC)
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Posted By Liesel Holmezy/Andy Thanks for the input. My concern is more about liabilities if a client doesn't like what you've done and tries to sue- but my reading of it is that so long as you have PI insurance this aspect is taken care of. But- I may be misreading here somewhere. I'm less concerned about the tax issues; that will be minor in the first instance anyway.My main concern is making sure I have sufficient provision in place to cover my professional liabilities without putting my house etc on the line- hence the PL/PI being essential. Point is, with those in place appropriately, does sole trader leave you any more exposed that ltd company?
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#10 Posted : 17 December 2007 11:01:00(UTC)
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Posted By holmezy Liesel, No, the exposure is still the same. If you give poor advice or are negligent in your duties then it makes no difference. Either the sole trader or the company is liable. Some companies see small sole traders as "not worth chasing, little to gain" but I suppose it depends on the outcome of the poor advice you have given!! You mentioned that the client might not like what you have told him and may try and sue. As long as you advice him correctly then it doesnt matter if he likes it or not! Holmezy
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#11 Posted : 17 December 2007 11:51:00(UTC)
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Posted By Andy Brazier Liesel If the client doesn't like what you have said/done they may not pay you. That is not the same as if your advice turns out to be negligent and an accident occurs as a result, which is where insurance applied. On tax, you don't need to be limited to be VAT registered. If turnover is above the threshold (around £70k I think) you need to be registered but you can do it voluntarily.
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#12 Posted : 17 December 2007 16:19:00(UTC)
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Posted By R Joe The key issue is that in the case of a sole trader the contract the client has (and there will always be one, even if it's unwritten - which is not wise) is with YOU. With a limited company it's with the company. Being sued for breach of contract will therefore be against the sole trader or company respectively. Have a look at the article in April's SHP - 'Don't Lose Your Shirt' it covers this issue - and concludes limited status offers important protection in this regard. Irrespective of which way you go make sure the contract side is tied up sensibly with clear, written confirmation of what you're providing and how it's success will be judged. Sloppy expectations are a real danger and some decent T&Cs are also worth looking at. A final point, don't forget you could be sued up to 6 years hence so will need run on liability insurance even if you only do a bit of work - which could cost more than the bit of work! It's not all bad news - just that it pays to get set up properly. Hope this helps a bit. RJ
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#13 Posted : 17 December 2007 22:32:00(UTC)
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Posted By Tony Priest Hi, If you go Ltd you will need to submit your company accounts to companies house annually. Therefore you will probably need an accountant to do this for you who will require an hansome sum for doing it. A Ltd company may be subject to corporation tax on profits (between 0% and 30%). If you are a sole trader and pay yourself all the profits you may pay up to 40% on income tax, therefore corporation tax is lower on profit/income.
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#14 Posted : 18 December 2007 09:13:00(UTC)
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Posted By Garry Homer So far as the increased paperwork for running a limited company, this does not matter unless you are run off your feet. One day a month should keep all in order if you have a good accounts package as previously mentioned. I prefer the green one. If you can manage to set-up cells in excel to do calculations, that program is sufficient to take care of your PAYE you will do monthly. The accounts program will provide the year-end figures in a format that is very similar to what you need to prepare for companies house. All you need to add to this is the minutes from the AGM and statements that you fully accept you duties under ........ The required words can be found on the companies house website, or from another set of accounts presented to you as a shareholder etc. Takes no more than another day to put together and post off. Firms are around who will set up the company for you. Garry
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#15 Posted : 18 December 2007 10:23:00(UTC)
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Posted By Liesel Thanks again for all the responses. RJ, your input is interesting- I'll check out the SHP article if I can get paws on it- I've only recently joined IOSH so I'm not sure if I can access it. I was aware of the PI aspects in terms of maintaining insurance for several years- my other professional society (I'm a chartered chemist) produces some excellent guidelines for members on PI issues- but I have been trying to unpick the ltd vs sole trader stuff and your response certainly clarifies.
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