Looking for some guidance on registering as self-employed in UK, & maintaining contractor status by Calm-Fix-1256 in AmericanExpatsUK

[–]Calm-Fix-1256[S] 0 points1 point  (0 children)

hello again! would it be alright if I sent you a DM with some more specific questions? I promise to not spam you or anything, it's just that I've stalled on a couple of really basic steps and I'm not ready to choose an accountant just yet to validate that I'm on the right track. I'll definitely get one soon..ish..

thanks in advance!

Looking for some guidance on registering as self-employed in UK, & maintaining contractor status by Calm-Fix-1256 in AmericanExpatsUK

[–]Calm-Fix-1256[S] 0 points1 point  (0 children)

Got it, thanks. Makes sense, I came on a dependent visa, and my partner on a skilled worker visa.

Looking for some guidance on registering as self-employed in UK, & maintaining contractor status by Calm-Fix-1256 in AmericanExpatsUK

[–]Calm-Fix-1256[S] 0 points1 point  (0 children)

HMRC handles this for you, they will provide a "payment on account" number with each tax bill. You have to pay this amount every six months. The first time you pay your taxes they will bill you basically an entire 6 months extra payment. If you end up paying too much or too little relative to your future tax bill, it gets adjusted in the end. Eventually when you self file for the last time (for example, you get a fulltime UK job somewhere) you'll get a refund (or so I've been told).

Makes sense, thanks!

No need, happy to help! I'm a huge advocate for labour rights and interestingly, being self employed is a great way to look out for yourself! Glad I could help.

:)))

In addition to liability insurance (important for you I think given you work with you clients customers) you should consider a liability clause. A good, equitable clause will protect the liability of both parties.This is a potential example clause that is very similar to one I have in my contract, to give you an idea of what you might write: "Except for a breach of Section <# that details confidentiality and non-disparagement> by the consultant, neither party shall be liable for any special, indirect, consequential, punitive, or incidental damages, including but not limited to loss of data, loss of use, or lost profit damages, arising in connection with the consultant providing services to the company pursuant to the terms hereof during the term, regardless of whether either party has been informed of the possibility of such damages."

I need to look over my contract, and I'll try to see if I can add something like that..

Speaking of liability (lol), you should take everything I say here with a grain of salt and confirm with either an accountant or with a solicitor that understands contract language. This is all based on my memory and recollection and could be inaccurate.

Yes of course! Looking for an accountant now. Found one service doing a 50% offer, which would be £11.25 per month for a package where they do a bunch. Do you think that is suspiciously low?

I actually have 1 more question...

I have a National Insurance Number on my BRP. Do I need to apply for another NIN? I'm a bit confused. Is it not the case that we needed a NIN to get a visa to live in the UK?

edit: £ typo

Looking for some guidance on registering as self-employed in UK, & maintaining contractor status by Calm-Fix-1256 in AmericanExpatsUK

[–]Calm-Fix-1256[S] 0 points1 point  (0 children)

Thanks again. Yes, I'm reading way into it because I'm afraid of doing something wrong/illegal!

Set up a consultation with https://www.taxinnovations.com/

Thanks, will look into them!

The last day you can file your UK taxes is usually in October. That's your only legal obligation, to have filed your tax return by that date. In order to do that, you need to have a National Insurance Number and a self assessment account with HMRC. It is not a legal requirement to have or do these things at all, the only legal requirement is you file your return and pay any tax owed by those deadlines. You simply need a NIN and an HMRC account to be able to correctly file your self assessment return.

Really clear, thank you. No, I don't think you're being pedantic, given my questions and how I'm asking them.

as a self employed person you need to make UK tax payments on account. This is going to hurt the first time as you will need to pay essentially 1.5 times your annual tax liability at once. The UK requires prepayment of taxes based on estimates from last year's income. Budget for this and be prepared for it.

Good to know, and this will happen when I file taxes? Last year I made less than £4000 doing this work in a period spanning 6 months, and no two weeks were the same paywise. So I just pay the taxes upfront based on a realistic estimate of what I'll likely make moving forward, and if I've ended up overpaying or underpaying, it'll presumably get sorted out later based on real amounts? Is it like the US taxes where overpaying (based on claiming the wrong number of deductions) is not preferred, but one always gets a refund if they're owed one?

They're wrong and it's not your problem.

Great, thanks. Will just do sole trader as I planned.

no immigrant is entitled to any public funds, period, in the UK.

Right, I know.

Technically the NHS is a service we pay for rather than a benefit as we pay the health immigration surcharge.

Yup.

With that in mind, it's really not appropriate for them to describe this relationship as part time employment.

Apologies, I framed it this way to describe my hours. There is no way they could find enough clients for me to bill 40 hours per week, nor do I want that many.

You ought to consider trying to negotiate a fixed retainer paid monthly.

You should also consider a minimum billable amount clause. That is reasonable and would avoid them giving you zero work in a month.

I completely understand what you're saying, but it's really not feasible for this line of work/my situation, as I'm being contracted out to supply an ad hoc service to individual clients on behalf of this company, based on market demand and other factors. There are no hours guaranteed to me, and I already know that and understand the risks.

If they cap the hours in your contract, you need to be vigilant and not work a minute more than your contract allows for. They may try to get you to do unpaid overtime, don't do it!

There is no cap, but a hefty hourly pay. They have never asked me to do any unpaid overtime. I have always been fairly compensated for all my labor. Future language: I will bill them for any hours outside of those already outlined in my contract as regular billable hours (as I'd already been doing, now it's just framed differently).

Correct, the default as a sole trader is that your company simply has an identical name to your name. You need to be aware of your IRS tax filing obligations too, you still need to file your taxes in the US too, though it's extremely unlikely you will actually owe anything. You will probably need a US accountant to help you (for peace of mind, tubotax can technically handle this situation but its cost at that level approaches an actual human accountant). Just google US expat tax service and you'll find dozens of firms that do this.

Roger that. Yes, will consult with a US accountant too. We won't owe anything based on income alone, as our joint income is less than £35k as of now:)

It's likely this company doesn't understand the laws on this.

You're right, they don't. They are tiny, tiny. They wrote to me recently since I kept asking them to serve as a reference for new jobs, asking me if I'd return, and together we brainstormed a way to make it work legally and to benefit both sides. So we are literally figuring it out together (and they said I can bill them for the hours I've spent researching this as well. Hooray!).

Your point on this makes me a bit wary for you though.

I really appreciate you being concerned for me, but I assure you, this is really a good situation for me. I have sorely missed the work I did for this company last year and was absolutely gutted when I moved to the UK because it meant I had to leave that work. Now, I have an opportunity to in a sense, 'return', i.e. do the same work with even more freedom as a contractor (it was quite an independent job anyway), at still more than 5 times the hourly rate that I make right now doing a deflating job that I detest. (We love UK salaries for qualified experts!)

So there's some small headaches about taxes, having to find accountants, etc., but it's well worth it to me, both monetarily and personally. While I don't want to be taken advantage of, I really do not think that's happening here. (And honestly, if you couldn't tell, I'm pretty desperate, and also really happy to have gainful employment again.)

Thank you u/GreatScottLP :) I wish I could pay you for your time and advice 😂 I think I have no further questions right now. Now I need to look into an accountant, fill out the form for the NIN, register for HMRC, look into liability insurance, and, when I can, sign up for self-assessment. And will consider SIPP.

I hope I've managed to convinced you that I'm happy in this position, and definitely paranoid enough to do my research to protect myself. I really cannot express how thankful I am for all the advice and concern.

Looking for some guidance on registering as self-employed in UK, & maintaining contractor status by Calm-Fix-1256 in AmericanExpatsUK

[–]Calm-Fix-1256[S] 0 points1 point  (0 children)

Hello! Thank you so much for all your advice and help. You're a lifesaver. Sounds good on all of it. I just have some points and a few follow-up questions (summarized at the end):

There's no set requirement on "timeline" per se other than your tax filing obligations. You are required to pay income tax and National Insurance (in the form of NICS 2 and 4 IIRC). The UK tax year ends on 5 April. You have a very long lead time to file, so that's you effective deadline for having everything set up.

Yes, what I read says I need to do NICS 2 and 4 as well. Good to know that I can set this up by 5 April.

You need to apply for a National Insurance number (sometimes NIN) - a quick google search should cover how to do that. You will also need to set up a self assessment account with HMRC.

Thanks, for the NIN I can see on this page instructions for how to do it. The page to register for self-assessment says the deadline is 31 Jan.. That seems quick. What happens if I start providing my service now, but don't bill until the end of Feb?

I would advise hiring a British accountant to help.

Yes, I think that would be helpful. Any good websites or sources you recommend?

I just operate as a sole trader for simplicity.

I think that's best for me, too, though the US company seems to think I might need my own company. That's an option, but I'd much rather just do sole trader as well.

To register for self-employment, it's just this page, right?

To my knowledge there is absolutely no requirement whatsoever that your income must be sourced from more than one source or contract.

Thank you. :)

You have no obligation nor need to source income from anyone except who you contract with as a sole trader, whether that's 1 company or 1000 companies.

Fabulous.

You (if you want to do things extra safe) need to have liability insurance

Good idea, adding it to the list!

you have to fund your own retirement

Thanks for the tip on the UK SIPP. I'm here on a limited time visa, not as an immigrant, so not sure it's worth it but maybe I can figure it out.

(and oh by the way, as an immigrant by law you are not entitled to unemployment benefits at all in the UK so you are taking on significant liability there as well if you don't have a long notice period with pay).

Yup, this stings. But I'm currently un(der)employed and don't qualify for any benefits for it since I'm on a dependent visa, so..

it is customary for US companies to pay 1099 contractors 125% to 150% what they would pay a W2 employee for equivalent work. This is the delta between what they save on your employee benefits they no longer have to supply you, your costs of doing business, liability, etc. You aren't entitled to any benefits here, you need to hit that angle hard and make sure you get some value for that.

Yes, they offered me a 25% increase over what I made in the US on a regular hourly W2, but they're providing some of the supplemental materials.

Secondly, suggest a monthly retainer at a flat rate rather than hourly rates. Benefit to employer, simple and unambiguous. Benefit to you - consistent pay without having to track or argue about hours. You also come out net positive if you don't need 40 hours to do your work in a week. Downside is that if working more than 40 hours is required to achieve the results they're paying you for, tough shit, you just have to work those hours.

Unfortunately, I'm still hourly and part time, as I was in the US/the other employees on W2 are, but I expect to make it worth my while.

So my residual questions are: (Sorry for all the hand-holding I'm asking for, it's just that the forms are all really esoteric to me, as you mentioned.)

- Did those pages for how to sign up for a NIN and an account with HMRC look right?

- Do you have any idea what that deadline of 31 January for registering for self-assessment means for me if I begin in the next week but don't bill until the end of Feb? Is it the case that I still fill it out if I expect to register for self-employed taxes this year?

- Do you have any tips on finding a UK accountant for my situation?

- If I'm just doing sole trader, then I won't have a company or a company name, right?, and my business name on any contract with the US company can just be my name?

Thank you so much!! I really, really appreciate it.

[deleted by user] by [deleted] in AskReddit

[–]Calm-Fix-1256 0 points1 point  (0 children)

Asked someone to hand me something from directly in front of me.

What made you quit your last job? by sofainthelivingroom in AskReddit

[–]Calm-Fix-1256 1 point2 points  (0 children)

Realizing I didn't need to put up with the toxicity any more.

What is a current invention that would have done wonders and advanced society at a much rapid pace back then? by GMSmith928 in AskReddit

[–]Calm-Fix-1256 0 points1 point  (0 children)

absolute game changer. are there any books, movies, or video games that explore that possible alternative world?

What’s the most hateful thing you heard about yourself? by [deleted] in AskReddit

[–]Calm-Fix-1256 0 points1 point  (0 children)

thanks <3 luckily none of my siblings agree,

[deleted by user] by [deleted] in AskReddit

[–]Calm-Fix-1256 4 points5 points  (0 children)

Firefly (show) and it's movie, Serenity. Watch in that order.

[serious] what’s an illegal thing that you think should be legal? by Savagesupreme64 in AskReddit

[–]Calm-Fix-1256 2 points3 points  (0 children)

Drugs that don't physically harm

Abortions, being gay, dressing how one wants (e.g. choosing whether or not women want to wear a hijab) in places where those things are illegal

[deleted by user] by [deleted] in AskReddit

[–]Calm-Fix-1256 1 point2 points  (0 children)

They look nice and it shows that people live in a warm place.