Sole Trader - employing spouse

jorose

Free Member
Jun 2, 2008
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Hi,

Sorry - I'm sure this type of question has been asked before but I've done a couple of searches and read through pages of threads... and couldn't find what I was looking for.

Here's a little background....(and apologies for the life story!)

My fiance and I were both made redundant last year. He has recently gone self-employed and set himself up as a sole trader offering consultancy services. For the time being I am going to be working for him, doing everything that's "back office" related e.g. bookkeeping, office admin, website design/maintenance, telemarketing, potential customer research etc.... i.e. leaving him free to concentrate on providing the consultancy service which will bring the money in!

My fiance needs my efforts full-time at the moment as we're at the beginning of a new venture but as time goes on he may not need so much of my time. Before being made redundant I worked as a manager in a Finance department and although I am pretty comfortable with bookkeeping, I worked for a US owned company and tended to get involved in other areas of finance. I am considering studying for some bookkeeping qualifications. If I become less involved in my fiance's business once he is more established then I may want to use my bookkeeping qualifications to take on my own clients.

My fiance should comfortably exceed the higher tax rate bracket and I will expect reasonable remuneration for my efforts. At a guess, if I only work for my fiance this tax year, on a full-time basis, I would like to think I could justify earning approx £20-£25k (which is half the salary I was earning in my previous job). All going well, I would hope he would earn at least 4-5 times more than me...hopefully!

I need to register my fiance as self-employed with HMRC. What is my status? Should I be employed by him? I assume this will mean he will have to pay 12.8% Employer's NI due to the salary I will be earning? Or can I be treated as a partner and therefore also register as self-employed?

On a side note, if I do set-up my bookkeeping service then I will probably trade under a different name to my fiance as his trading name is pretty specific to the service he offers.

I'd really appreciate any advice.
 

dp0848

Free Member
May 14, 2008
2,597
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He needs to register with HMRC as self employed within three months of starting trading. He can do this online here http://www.hmrc.gov.uk/selfemployed/iwtregister-as-self-employed.htm

You would be an employee. Once he has registered as self employed he needs to register as an employer. He can do this online here http://www.hmrc.gov.uk/paye/intro-register.htm

From what you say in your post in might be beneficial for you to form a limited company. Find an accountant and have a chat to him about this. Also read the sticky Sole Trader v. Limited Company at the start of the Accounting & Finance section of the forum.

If you'd like more info please feel free to PM me.

Regards.

David.
 
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elaine@cheapaccounting

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    Nov 4, 2005
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    I would agree about looking at being a limited company. then you can both pay a salary of £453 / month and take the rest as dividends. You would only pay higher rate tax when you both earn over the higher rate threshold if you set it up as a 50 : 50 company.

    Chat through with your accountant
     
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    jorose

    Free Member
    Jun 2, 2008
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    Thanks for the advice.

    We saw an accountant (Tenon) early April and they advised us to go down the sole trader route. So we went ahead with their advice, set-up business account as sole-trader, received the VAT registration certificate this morning etc....

    It was only as I was completing the self-employed forms today that some alarm bells began to ring.

    Hmm, not sure what to do now! :|


    PS Thanks for the note regarding the VAT flat rate scheme. Fiance will predominately be working for/invoicing US based companies; his consultancy services will fall within schedule 5 and outside the scope of VAT. We'll be in a reclaim position each quarter, but our expenses will be minimal.
     
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