Professional Documents
Culture Documents
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ACKNOWLEDGEMENTS
PCG, the voice of freelancing would like to thank the following organisations for reviewing this
document and recommending refinements and amendments where appropriate:
www.abbeytax.co.uk
www.randelldorling.co.uk
Hiscox
www.hiscox.co.uk
Wealth Matters
www.wealth-matters.co.uk
ContractorFinancials
www.contractorfinancials.com
DISCLAIMER
This document is for general guidance only and is not a substitute for professional advice where
specific circumstances can be considered. Whilst every effort has been made to ensure the
information contained within this publication is correct, PCG does not accept any liability for any
errors or omissions contained herein or any action taken or not taken in reliance upon the
information provided in these articles.
No part of this publication including any article or graphic in whole or part may be reproduced
without PCGs express permission. PCG neither endorses nor provides any indemnity regarding any
product, service or organisation mentioned within this document unless specifically stated.
It is strongly recommended that you consult the appropriate legal and accounting professionals for
advice about your specific circumstances before making important decisions.
UPDATES
This Guide to Freelancing is updated from time to time, and you should visit the PCG website
www.pcg.org.uk regularly to make sure that you have the latest version, or, better still, join PCG
as a member.
Whilst every effort is made to ensure that the information herein is correct at the time of
publication, it is inevitable that certain information may be superseded very quickly.
SECTION 1: INTRODUCTION
1. About this guide (page 4)
Who its for and how to use it
2. About freelancing (page 5)
Career paths and how to go about it
SECTION
1
Introduction
This section covers:
1. About this guide
Who its for and how to use it
2. About freelancing
Career paths and how to go about it
3. If you do nothing else, do this...
The freelance checklist
FRANK G.
FREELANCER
I cant tell you how much admiration I have for people who leave the comfort of a regular wage to
strike out on their own. It takes a lot of courage, and without that courage this country would be a
much poorer place, said Prime Minister David Cameron on National Freelancers Day 2010.
The world is changing. Freelancers are increasingly being recognised as key drivers of wealth
creation in the country. You no longer have to belong to a large company to be credible. In fact,
big brands are fragmenting and the personal brand is emerging as the force of the future. Experts
are saying that, in the networked economy of today and tomorrow, individuals are as important as
a big company.
Anyone choosing the independent route will need to build their own career ladder and work out
how to structure their business in a way that frees up their full potential. The business will also
need to be supported by some kind of promotional activity to ensure a sustainable level of work.
And when it comes to deciding which marketing technique works best, there is no magic wand.
There are almost as many views on effective marketing as there are freelancers. As with so many
things, you have to take what works for you, adapting the techniques that best fit your style and
industry the section in this guide on winning work will give you some ideas to try out.
It is certainly worth experimenting with different approaches until you are able to narrow down
those that deliver the best results for you.
Its a good idea to revisit your goals and long term plans regularly, benchmarking your journey
and adjusting course if necessary. There is nothing wrong with switching business models or reinventing yourself completely at different points in your career. For example, someone starting out
as a programmer can later morph into a project manager and eventually into a management
consultant charging a premium fee.
AS A FREELANCER YOU
ARE, AT THE END OF THE
DAY, FREE TO CHOOSE.
MAKE SURE YOU EXERCISE
THAT CHOICE.
I don't know a single person under
30 who wants to work for someone
else. People of this generation see
themselves as their own P&L, their
own brand. And its not just young
people. Older people, whether by
accident or design, have also become
individual capitalists. Theyve left
their company and are working from
home and through virtual receptions,
Skype or serviced offices. They are
operating a freelance career and have no intention of working for anyone else again.
About a day
Couple of hours
Under an hour
Time estimate
ADMIN MATTERS
Couple of hours
Big decision.
Allow a day or
so.
An hour or less
A few days
Couple of hours
An hour or less
Check
Check
IT & SYSTEMS
Install internet and email. Ask for help on the PCG technical
forum.
1 week
A few days
Several hours
Install software.
Half a day
Time estimate
Half a day
A few weeks
A few days
Several hours
on and off
Check
Check
20 minutes
Couple of
hours
About an hour
A few minutes
Under an hour
A few minutes
Check
SECTION
2
Setting up your
freelance
business
This section covers:
4. Setting up in business
Important rules and regulations, including IR35
and Employment Status
5. Limited company: why you might want one
Why many freelancers decide to set one up,
what the implications are and how to go about it
also what to do if you eventually want to close
the company down
6. Alternatives to a limited company
other options explained, including sole trader,
partnership, limited liability partnership and
umbrella company
10
Once you go freelance, you enter a new realm of laws and regulations.
The word freelance is a laymans term, not an official category used by the Government to
classify workers. Therefore, going freelance actually means setting yourself up as a business by
establishing a trading structure and letting the tax authorities know what youre up to.
These are the trading structures through which you can operate:
Trading structure
Legal category*
Limited company
Incorporated
Sole trader
Unincorporated
Self-employed
Partnership
Unincorporated
Self-employed
Incorporated
Self-employed
Umbrella company
Incorporated
* An incorporated business is a separate legal entity. You can think of it as being like a separate
person it can own things, have bank accounts in its own name, and it can be liable for debts or
lawsuits. If you are unincorporated it means that you and the business are one and the same
there is no legal separation.
Each of these structures has its own tax and legal implications. All of them can be set up fairly
quickly, but some are quicker and easier to set up and run than others (see the following
chapters). Whichever way you chose to operate its essential to start thinking in terms of the
business, not you as an individual. You should think about having a business telephone line
installed separately from your private line and/or using a business mobile phone. If you already
own a desk, computers and other office equipment, you should consider selling these to your
business, initially recording the value as a personal loan to the business from you, in the form of
set-up expenses.
11
12
What the IR35 Intermediaries legislation allows HMRC to do is create a hypothetical contract
which asks the question: If the intermediary (your company) was removed from the business
relationship and the worker (you) were engaged directly by the end client what would that
relationship be?
If HMRC can successfully argue that the relationship would most closely represent a contract of
service (employment), then only for tax purposes and only for the engagement(s) in question, you
will be deemed an employee. And in this scenario, you can only be deemed an employee of
your own company!
The taxman will then insist that your own limited company should have deducted PAYE tax and
NICs on the all of the fees paid by the client, as if the fees were salary payments. The additional
tax due can be charged retrospectively going back up to six years. They may also charge interest
and penalties, and there are likely to be accountancy fees to sort it all out. Thats how contractors
can find themselves owing tens of thousands and sometimes even hundreds of thousands in tax
and NICs that they werent expecting.
How HM Revenue & Customs assesses your employment status
Currently HM Revenue & Customs (HMRC) use three key status indicators to decide whether you
are a genuine business or whether you are in fact a disguised employee of your client. The
principle is that if you have an engagement where you have to provide your personal service,
where there is an obligation to offer and accept work and where you can be controlled by the
engager, then a contract of service (employment) exists.
Where any one of these three elements is missing, then it cannot be a contract of employment and
so logically it must be a contract for services (self-employment). In an ideal world, it would be
best to pass all three key tests, but passing two is better than one. But where these status
indicators are inconclusive, one should also consider in business factors or factors which show
that a freelancer is taking the kind of financial risk that would not be required of an employee. In
essence, the more factors in your favour the better.
Being in business can be most easily demonstrated by the type of expenditure you incur; for
example, most employees do not need to invest in office equipment and stationery to do their job.
It is highly unlikely that an employee would need liability insurances or to submit invoices in order
to get paid. Also most employees will receive some form of employment benefits and have the
protection of employment law. If you are IBOYOA you will have to make provision for all of these
things and face the prospect of contracts terminating at short notice and with no guarantee of
finding future work etc.
The key is to think of yourself as a business and act as one. This goes beyond business structure its a principle that actually starts in your head. You are you, and the service you offer is your
business. In short, genuine freelancers are in business on their own account and bear the
responsibility for the success or failure of their business. They are not disguised employees.
Ultimately, a number of factors can come together to create a whole picture of your employment
status. So rather than relying on any single factor to protect you from being wrongly accused of
being an employee, make sure the whole picture of your status can reasonably be said to be that
of a business. For more information, PCG provides a wealth of resources for its members, including
tax and legal helplines, and specific guides to IR35 and the Agency Workers Regulations.
13
14
15
The tax authorities scrutinise your client relationships and can challenge your
employment status if they think you are not genuinely in business on your own
account.
If you are the director of your own limited company or operate as an LLP,
through which you bill your client(s), you need to be aware of the risks of IR35
PCG members are covered for tax investigations if a revenue officer asks to
meet for an informal chat, you are under no legal obligation to do so instead
ring the PCG help-line for advice.
Please visit PCG website policy pages for more information about employment
status and Agency Workers Regulations
16
Although its perfectly possible to freelance as a sole trader or partnership, a large proportion of
freelancers prefer to incorporate in other words, to set up a limited company.
One of the main reasons for this is that some clients are wary of working with unincorporated
businesses because it puts them at risk under the employment status rules. However, its not the
only reason. Having a limited company lends certain credibility. It is a separate legal entity, which
helps to create a division between the person and the business. It also protects any personal
assets if the company goes bust or gets sued, creditors cant take your possessions as long as
you havent acted fraudulently or negligently, in which case they might be able to seize your
personal assets (as specified in The Companies Act 2006).
IMPLICATIONS
A limited company is a distinct legal entity in its own right. It has rights and responsibilities and
can own property or equipment. This means that there are more rules and regulations to running
a limited company than an unincorporated business. A number of returns need to be made within
a strict time limit:
A form P11D (return of taxable benets and expenses) for each director/employee
However, with the help of a good accountant, this isnt unduly onerous. It will cost you a bit more
than running an unincorporated business, but on the other hand a company gives you a certain
amount of control over when and how you pay tax which can result in legitimate savings.
17
CONS
THE RULES
The company must have at least one director and a registered office, and must have Limited
or Ltd after its name.
Private limited companies are not obliged to appoint a company secretary unless the
company's articles contain a reference to the company having a secretary.
Ownership in terms of the split of shares in the company is up to you but many freelancers
split the shares with their spouses. HMRC have previously attempted to challenge this type of
set up, in particular, with the infamous Arctic Systems case, which HMRC lost at the House of
Lords. Following the case HMRC proposed a new set of rules to combat what they called
income shifting; however, these have not yet come into force. In general, it is considered
best to make the split when the company is rst formed and in the case of a husband and
wife, ensure that the shares subscribed for or provided to the spouse are full ordinary shares.
PCG members can download the guide to Family Business Tax for more information.
18
The registered office is the companys legal address and it can be your accountants office,
your own office premises or your home office. In the case of a home office, it is important to
check the terms of any lease or mortgage agreement to make sure there are no restrictions
regarding commercial operations.
The registered office must be within the jurisdiction in which the company was incorporated.
So a company formed in Scotland must have a registered office in Scotland and a company
formed in England or Wales must have its registered office in England or Wales. Legally, a
plaque or sign must be displayed outside the building to show that this is the company
registered office, although PCG does not know of any freelancers who have been prosecuted
or investigated for failing to comply.
A limited company must le annual accounts with Companies House and also a corporation tax
return accompanied with the accounts to HMRC. The limited company must also complete an
annual return to Companies House. This document conrms details of the shareholders and
directors of the company.
Finally, any company with an annual turnover in excess of 73,000 from April 2011 must
register for VAT. More information on the requirement to register is given in the VAT section.
How long are you intending to freelance or contract for? (If its just a few months, its
probably not worth setting up a limited company)
Can you set up proper business to business relationships with your clients so as to avoid being
IR35 caught?
Can you simplify the admin with the help of a good accountant?
19
the company is your personal company, i.e. you own a minimum of five percent of the
voting shares, and are an employee/director of the company
the company is a qualifying trading company. There are limits on the amount of non-business
assets the company can hold in order to meet the criteria accumulated reserves count as
non-business assets.
20
Dividends
75,000
Capital
75,000
Taxable amount
75,000
53,800
(10,600 x 2)
Tax liability
If at 25% rate
If at 36.11% rate
18,750
27,082
Tax liability
10% if claiming
Entrepreneurs Relief
5,380
Important note: HMRC can enquire into a company tax return up to two years after the
end of the accounting period. If you are a PCG member and you have decided to stop
freelancing, you are, therefore, advised to maintain your membership to cover the
two year window in order to remain protected in case of a tax investigation.
Because of the admin involved, it is not worth setting up a limited company if you
only plan to freelance for a few months
HMRC can investigate company accounts up to two years after the end of the
accounting period, including the accounts for the year you cease to trade.
21
SOLE TRADER
A sole trader, or sole proprietor, is defined as a business that is owned and controlled by one
person who takes all the decisions, responsibility and profits from the business which they run.
Sole traders were previously referred to as schedule D workers. The schedule system no longer
exists so sole traders are now technically known as self-employed.
Operating as a sole trader is more straightforward than a limited company because there is less
paperwork. You pay tax and NICs on the business profit, regardless of how much you draw, so
the accounting side of your business is very straightforward.
As a sole trader you are protected from the risk of IR35 because, if HMRC decides that you are
deemed employed, they will hit your client with the tax bill, not you. However, for precisely that
reason, clients might refuse to engage you, so you could be limiting your market. In some
industry sectors this is more of an issue than others its a good idea to compare notes with
other freelancers in your field.
Another potential disadvantage of the sole trader route is if you work via an agency and the
agency settles your bill then they must by law pay you as an employee. This can be problematic
because you pay tax under PAYE as an employee but without receiving employee benefits such
as holiday or sickness pay. This makes it harder to build the financial buffers required to weather
the risks of being self-employed.
Finally, be aware that personal assets, including your home, are potentially at risk because you
are personally liable for any business debts, including lawsuits its advisable to mitigate these
risks with suitable insurance cover, such as Professional Indemnity. Sole traders pay tax twice a
year under the self-assessment system known as payment on account.
If you do decide that the relative simplicity of being a sole trader is the way to go then you must
register as self-employed. This can be done online at the HMRC website:
http://www.hmrc.gov.uk/selfemployed/register-selfemp.htm. You must register within three
months of the commencement of business or you will be fined!
Your actual or prospective clients dont mind working with an unincorporated business
You protect your personal assets by taking out adequate insurance cover, for example
Professional Indemnity in case of a lawsuit.
To set yourself up as a sole trader, visit
http://www.hmrc.gov.uk/selfemployed/register-selfemp.htm
22
PARTNERSHIPS
A partnership is a simple way for two or more people to work together.
There are two types of partnership that you can set up:
1. Ordinary partnership
2. Limited liability partnership
Ordinary partnerships
Like a sole trader, an ordinary partnership is an unincorporated business. This means that the
business is not a separate legal entity and the partners are personally liable for the business
debts. Partners are jointly and severally liable so, if youre in business with someone with no
personal assets then you could also find yourself liable for their share of any business debts.
A partnership can continue even if one partner resigns or dies as long as there are at least two
other existing partners left. If there is only one partner left, the partnership must be dissolved,
however, the remaining partner can continue on the trade as a sole trader. If one partner takes on
a debt, all the partners are jointly liable for repayment of the debt. If one of the partners resigns,
dies or goes bankrupt, the remaining partners will still be personally liable for any outstanding
debts. However, for tax purposes each partner is taxed on their own share of the profits and
therefore, each partner is personally responsible for ensuring they pay the correct amount of tax
on time through their own tax returns.
Limited liability partnership
An LLP is different from a traditional partnership in that it is a legal person separate from its
members. It has members rather than partners and must be formally incorporated to exist. Like
a limited company, an LLP has to submit accounts and an annual return to Companies House each
year. This requirement is more demanding than for normal partnerships and specic accounting
rules may lead to different prots from those of a normal partnership. However, unlike a limited
company there are no requirements for board meetings or decision making by formal resolution,
nor does an LLP have a memorandum or articles of association.
Partners and members of an LLP can join and leave at any time without the partnership being
dissolved. However, to be a partnership there would have to be a minimum of two
partners/members present.
How partners are paid and taxed
For tax purposes an LLP is treated exactly the same as an ordinary partnership despite having
limited liability. Each partner is taxed personally on their share of profits through their own selfassessment tax returns which will be subject to income tax and class 4 NICs.
Whether you are a partner in an ordinary partnership or a member of a limited liability
partnership, you are classed as self-employed and taxed on your share of any profit made by the
business*. Your drawings from the business are not subject to PAYE and do not need to be
processed through a payroll system.
* For this to apply to LLPs, the business must carry out a trade or profession rather than being
simply an investment vehicle.
23
Setting one up
Although it is not a legal obligation, partnerships should have a comprehensive member
agreement in place and take legal or professional advice about the issues covered in the
agreement.
As a member of a partnership you need to register as self-employed, which can be done online via
the HMRC website. See www.hmrc.gov.uk/partnerships.
To set up an LLP you also need to incorporate the partnership you can find out more here:
http://www.companieshouse.gov.uk/about/gbhtml/gpllp1.shtml
Alternatively you can appoint an accountant as your agent they can advise you on the
implications and handle the set-up process for you.
Your current or prospective clients dont mind working with an unincorporated business
You protect your personal assets by taking out adequate insurance cover, for example
Professional Indemnity in case of a lawsuit
You and your partners have compatible skills and a clear, shared vision
You dont mind the extra admin involved in sending accounts to Companies House
24
UMBRELLA COMPANY
An umbrella company is a service for people who dont want to or need to run their own limited
company. By joining an umbrella service youre handing over the responsibilities and admin to a
service provider. You become an employee of the umbrella company the umbrella then bills your
client through its own limited company structure and pays you a salary, with PAYE tax deducted at
source, based on the work you do for your clients. You still have to land your own work, but they
do the rest, such as payroll, debt collection and paperwork.
Its very easy, saves time, and removes the need to be aware of the legal requirements and risks
involved with running a limited company.
The downside is that its not your own company and, therefore, its harder to build your own
brand. Its also less tax efficient because all the money is paid as employment income. Also, the
Agency Workers Directive, which is due to come into force on 1 October 2011, has the potential to
limit the use of umbrella companies.
However, if you are intending to contract for a short period, say a few months, this could prove to
be the best option. If you are unavoidably IR35 caught it may also represent a good choice
IR35 becomes irrelevant because the fees you earn from the client have the full PAYE tax deducted
at source when they are paid to you as salary.
Make sure that the umbrella company you choose is a PAYE Umbrella. Any providers that claim to
be able to pay you gross, without deducting tax at source, are likely to get you into hot water with
the tax authorities. If you decide to go the umbrella company route do your research, seek peer
recommendations and consider carrying out credit checks. You should also be very wary of any
offshore solutions - PCG has a policy of advising against aggressive tax avoidance schemes.
Will an offshore company protect me from IR35?
Some freelancers have been told that they can use an offshore company to avoid IR35. It does
not matter where your company is incorporated as this does not affect how HMRC determines IR35
status. There are freelancers working in the UK with companies incorporated in countries such as
Ireland, the Netherlands and so on. There are reciprocal legal and tax agreements between the UK
and these countries. However, some agents and clients are nervous about dealing with foreign
companies.
Certain offshore schemes have used an umbrella structure and divert bonuses or other income into
loans or employee benefit trusts, whilst PCG cannot comment on specific cases, arrangements of
this nature are subject to very close scrutiny by HMRC (particularly since the June 2010 Budget
and the subsequent anti avoidance legislation that has either been passed or proposed) and indeed
some schemes have been successfully challenged by HMRC with retrospective taxation applied.
Careful investigation should be applied before entering into any of these arrangements, schemes
of this nature are not covered under PCGs tax investigations insurance policy.
25
You dont want the responsibility of being a company director or the hassle of handling
your own business admin
26
SECTION
3
THE BOOKS
This section covers:
7. Accountants
Why it pays to get one, what to look for
and where to find one
8. Bookkeeping
How and why it is important to
maintain proper records
27
28
You simply can't be a one-man accountant, lawyer and all the rest, AND do the thing
that you're very good at doing.
Michael Darby, Freelance branding consultant
IN A NUTSHELL: ACCOUNTANTS
Use an accountant its a more efficient use of time, resource and expertise
Shop around carefully for the right accountant its an important decision
Dont forget you are the client ask questions until you are satisfied with the
answers
Budget between 700 and 1500 plus VAT per year for accounting, depending on
whether youre a sole trader or running a limited company
If youre a PCG member, it can often be worth getting a second opinion from the PCG tax
and legal help-lines.
29
SETTING UP A SYSTEM
Bookkeeping is the first stage in the overall accounting process and is usually done by the
freelancer, although it is possible to outsource it to your accountant. Bookkeeping involves
recording, analysing and filing all the financial information generated by the business, such as
income generated through invoices, expenses and bank transactions. Not only does this provide
essential figures to help you stay on top of your business you also need it so that you or your
accountant can complete the relevant accounts and tax returns. And if you are inspected by the
tax authorities, you need to show that you have a proper system in place.
Your accountant may provide you with a system. Alternatively, there are a number of excellent
systems available that allow you to do everything from project estimating, timesheets and
invoicing, through to calculating VAT and producing profit and loss and balance sheet statements
(see next page). If youre a PCG member, ask for recommendations on the forums. You can
also download the PCG bookkeeping spreadsheet from www.pcg.org.uk/resources.
The implications of not keeping proper records
As of July 2011, HM Revenue & Customs (HMRC) will be investigating up to 50,000 SMEs a year to
seek out what it refers to as poor record keeping. Penalties include fines of up to 3,000
imposed for significant record keeping failures. You can keep up to speed with any changes via
the PCG newsletter.
A selection of bookkeeping systems for freelancers can be found here on the PCG
website.
As well as being a legal requirement, proper
financial records help you stay on top of your
business. There are many useful systems on the
market to help you keep your paperwork in
order.
30
KEEPING RECORDS
What records should be kept?
The short answer is, keep everything. The law doesnt prescribe what records to create, but does
say that if you create any records in your business, these should be retained. You may not always
get evidence, such as a receipt, for small cash expenses, but if this happens, make a brief note of
the amount you spent, when you spent it and what it was for. The record must be made
contemporaneously, in other words near the time of the event rather than retrospectively.
If tax authorities were to inspect your records, they might ask to see any of the following:
A list of all sales income and other business receipts as they come in, plus supporting records,
for example, invoices, bank statements and paying-in slips to show where the income came
from
A list of all purchases and other expenses as they arise, with supporting receipts or invoices
(unless the amounts are very small)
All amounts taken out of the business bank account, or in cash, for your own or your familys
personal use
Business diaries, mileage logs, minutes of Board Meetings, i.e. supporting records as well as
the primary accounting records
All amounts paid into the business from personal funds, for example, the proceeds of a life
assurance policy.
31
Purchase ledger
Bank statements
Sales ledger
Remittance advices
Deeds of covenant
Agreements (other)
IN A NUTSHELL: BOOKKEEPING
You can be fined up to 3,000 for each year you fail to keep proper records
Keep all records you generate any receipts you claim, invoices you send out,
bills you receive, payslips, dividend vouchers
Records can be computer based you dont need paper versions of receipts and
invoices as long as all the information is there and readable
32
ISSUING INVOICES
What to put on the invoice
1. A clear header saying invoice.
2. A unique identification number if your business is VAT registered, it is advisable that this
needs to be a sequential number, in other words, part of a series, so that the next invoice
follows on from the last.
3. The name that you regularly use for the business. If its a limited company you also need
to include the full name of the company as it appears in the certificate of incorporation
(you can put the main brand name at the top and the officially registered name as small
print in the footer). Limited companies can, if they want to, include the names of the
company directors on their invoices, as long as all the directors names are included.
4. Your business address. This must be an address where any legal documents can be
delivered to you. If your business is a limited company and the business address is
different to the registered address, then the registered address should also be included in
the small print.
5. Your company registration number if your business is a limited company.
6. Your VAT registration number if your business is VAT registered.
33
7. The company name and address of the customer you are invoicing.
8. The date that the invoice is being issued (the tax date).
9. A clear description of what goods and/or services were delivered.
10. The date the goods or services were provided (supply date).
11. A column showing the number of units of the goods or services supplied (for example 3
hours), a column showing the price/rate per unit and a column showing the total for each
item without VAT.
12. If your business is VAT registered, then add three more columns: the percentage of VAT
that applies to each item, the total amount of VAT payable per item and then the total
amount of each item including VAT.
13. At the bottom show a grand total of all items without VAT, the total amount of VAT owed
and finally, a grand total of everything including VAT.
Many agencies will ask you to sign a self-billing agreement. This just means that they will
prepare a combined invoice and payment confirmation for you, based on your timesheet. This
saves you the bother of having to bill them.
Many electronic bookkeeping systems include an invoicing function that lets you
customise a template, generate invoice numbers, issue invoices and track payments.
PCG members can also download an invoice template from www.pcg.org.uk/resources
34
Send out your invoices promptly, and ensure that they are sufficiently clear and detailed, and
that they reflect the terms of your contract, so that the client does not have any reason to
query the invoice or delay or withhold payment
Make sure that your terms and conditions are clearly outlined in your contract with the client,
and that there is no scope for ambiguity
Dont assume that you have to offer 30 day payment terms try offering 14 days
instead, and where third party expenses recharged at cost are involved, insist on repayment
within seven days
35
Your terms and conditions should cover your costs, your delivery arrangements and your payment
terms. For example, do you want full or part payment in advance or payment in arrears? If you
are prepared to give credit say 30 days, then say so here. Many businesses give credit to clients,
but if youre not certain that the client will pay up then you can ask for payment upfront.
You can also state your right to charge interest on late payments and to claim compensation for
debt recovery costs. You need to make your client aware of, and agree to, your terms and
conditions at the outset and give the client the opportunity to discuss any problems they may have
before you submit your invoice. Make sure your terms and conditions are also sent out with the
invoice once the work is complete.
PCG members can download template terms and conditions from
www.pcg.org.uk/resources
Tackling late payments
Credit vetting, terms of trade, accurate invoices and a good rapport should all form part of the
structured approach you take when dealing with your customers, says Philip King, director
general of the Institute of Credit Management.
However, even with a good system in place, sooner or later most freelancers and contractors will
have to chase up a late payment. When that does happen, it helps to be armed with the latest
information on your clients legal requirements.
Since November 1998, small companies have been able to charge business customers interest on
late payments, under the Late Payment of Commercial Debts (Interest) Act 1998. Small
businesses can charge other businesses interest at eight percent over base rate. If you have not
specified a credit period in your contract it will be assumed to be 30 days from delivery or invoice,
whichever is later. If payment is not forthcoming, after the credit period is up you need to follow
up the invoice with reminders, which can be phone calls, letters, emails or faxes.
Remember, when it comes to tackling late payments you generally deal with the accounts
department rather than your direct client so it can make the process less awkward.
During the collection process you may encounter customers who either cant or wont pay. You
may need to impose collection sanctions such as stopping supply, reviewing the credit limit,
imposing interest, use of a collection agency or legal action.
For customers who genuinely cant pay, it is important to determine the cause of the problem and
how serious it is, what is being done to resolve it, what you can do to help and what, if any,
assurances can be offered in return for your help, suggests King.
It may be in your interest to negotiate a settlement such as a payment plan. For customers who
simply ignore requests for payment, or make endless promises to pay you may need to threaten,
or even take legal action. Take the advice of a solicitor before taking legal action.
If you do have to take legal action to recover a debt then you may be able to do this online via the
Courts Service Money Claim Online service; visit http://www.hmcourtsservice.gov.uk/onlineservices2/mcol/index.htm
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With new clients I often call the accounts department before an invoice is due to check
that its in the system. Many organisations have fixed days when they do payment runs
I time my invoicing accordingly. It tends to be the suppliers who are politely
persistent who get paid first.
Charlie Bradburn, copywriter/consultant
Set up a dedicated business bank account - for a list of possible providers visit
www.pcg.org.uk/banking
Make your credit terms clear in your initial client contract. Terms do not need to
necessarily be 30 days
Errors on invoices are likely to delay payment, check the details with the client
before submitting your invoice
Send invoices promptly and have a system in place for following up on late
payments.
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Once clients have paid their invoices, there are various things you can do with the money sitting in
the business account:
1. Use it to pay bills, expenses or taxes.
2. Keep it in the business for a rainy day or to invest in growth.
3. Extract it from the business for your personal use.
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5. Pay all three taxes (PAYE, Employees NICs and Employers NICs) to HMRC from the business
bank account this is usually done monthly by direct debit. Your accountant can advise on the
due dates. These payments must be made electronically and the cleared funds need to be in
HMRCs bank account by the 19th day of the month after the salary was paid.
Paying yourself a dividend
Dividends can be paid to the owners (shareholders) of a company from the retained (post tax)
profit provided that the correct procedures are followed. This involves the Board of Directors
having a meeting, formally voting the dividend and providing a written record of that decision.
There must also be documentation in the form of a dividend voucher which is then issued to the
shareholder(s). Dividend paperwork must conform to the law PCG members can download a
dividend voucher from the tax advice section of www.pcg.org.uk/resources.
The advantage of paying yourself dividends is that neither employee nor employer NICs are
payable. However, the total paid out in dividends cannot exceed the retained profits of the
company. Your accountant can assist you with calculating funds available for distribution and
preparation of the appropriate paperwork.
Dividends can be declared as often as you like, although if you are paying yourself regular
dividends of the same amount (e.g. 1,000 once a month) there is a risk that the taxman could
reclassify the payments as salary, which would negate any benefit from receiving dividends upon
which neither employee nor employer NICs are payable.
The payment of a dividend should be completely separate from other payments; i.e. do not fall
into the trap of transferring one monthly amount from your business to your personal bank
account which is a composite figure of salary, expenses and dividend. If HMRC see such a
payment, they may try to argue that it is all salary!
Calculating dividends
The value of the gross dividend which can be distributed depends upon the realisable profit of the
company. In any one year, the realisable profit equates to the Company income less Expenses +
Corporation Tax. Bear in mind that some of the realisable funds may need to be invested in the
business. See also the section regarding tax on dividends.
Deciding whether to pay salary or dividend
As a company director you can decide how and when you are paid. There are various strategies for
doing this based on the relative tax implications. If you havent drawn up a contract of
employment between you and your company (and youre not obliged to), then you are not subject
to the National Minimum Wage rules, which means you can set a salary of your choice.
Some freelancers opt for a policy of taking a low salary and topping it up with dividends. The
salary will be between 5,304 and 7,072 as any salary between these two points ensures a credit
for NIC purposes which helps in terms of future state pension and other benefits, whilst remaining
below the point where the salary is taxed. This takes advantage of the lower rate of tax for
dividends. Not everybody operates this way your accountant can advise on the best route for
you.
Another factor to consider is corporation tax. Any salary you pay yourself is an allowable expense,
which reduces the company profit and consequently the corporation tax due. Dividends cant be
claimed as an expense, so they dont reduce corporation tax.
How you pay yourself should also take into account a number of factors including your pension
provision and the amount of money you wish to retain in your business for future investment.
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A salary of 589 a month would not incur any tax or national insurance liabilities whilst
maintaining your entitlement to the basic state pension.
Assuming you dont have any other income, you could then pay yourself a net dividend of
31,866 each year before having to pay additional income tax.
For sole traders and partnerships, your taxable profit is the total of your invoices
(ex VAT) in the tax year, minus the total of your business expenses (ex VAT) in
the tax year
If you operate via a limited company, money is transferred from the company to
you, the owner, via salary/bonuses or dividends
Keep up to speed on IR35 or you could end up being asked to pay tax as if you
were an employee of your client.
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Pay for business expenses using your business bank account, business credit card or petty
cash.
Pay for personal expenses using your personal bank account, personal credit card or cash.
This is not always possible in the early stages of setting up your business, but the sooner you
establish business accounts and use them for all business expenses, the better.
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Travel
If you run a limited company, your company may reimburse you, the director, for travel costs
incurred wholly, exclusively and necessarily for the purpose of the duties of the job. Medical
expenses incurred whilst working abroad as part of your duties can be paid by the company
without being rated as a benefit in kind.
Travel to a temporary workplace is allowable unless the assignment is expected to last for longer
than 24 months, in which case it is classified as ordinary commuting and therefore not allowable.
In order to put the 24-month rule into context, you have to determine whether the site you are
travelling to is your permanent or temporary workplace. Home to office travel is defined as
ordinary commuting, and it is, therefore, important to establish where the business is being
operated from. If you genuinely operate from home, you can normally claim travelling expenses
when visiting clients. PCG members can get more information on the 24 month rule.
Employees who use their own cars for business purposes may claim 45p per mile for the first
10,000 businesses miles and 25p thereafter in each tax year. Sole traders and partnerships with a
turnover below the VAT threshold can also claim these mileage rates as well as the interest on a
loan to purchase a car. Where the business turnover is above the VAT threshold, the method is to
claim business mileage by claiming a percentage of the actual costs incurred, such as petrol,
capital allowances, the interest on a loan to purchase a car, insurance, oil, maintenance and road
fund licence. The percentage must be justifiable, and therefore it is best to keep a detailed mileage
log of actual business and total mileage. The London congestion charge is allowable provided that
it is incurred exclusively for business purposes.
Accommodation and subsistence
The cost of overnight accommodation is allowed if solely for business purposes, and you may also
be reimbursed for incidental costs such as laundry, newspaper and telephone calls home, up to 5
per night in the UK or 10 per night outside the UK.
If youre away on business and stay overnight, you can claim subsistence up to reasonable levels:
this will usually cover the cost of a meal with reasonable alcoholic and non-alcoholic drinks; and
tea, coffee, and soft drinks between meals. Subsistence not related to an overnight stay can
present problems in terms of the duality of purpose rules: you are expected to eat to live, not
eat to work. There are arguments for claiming such meals, but this is definitely a grey area.
Use of home for work
If you work from home, you may theoretically claim a proportion attributable to business use of
lighting, heating, cleaning and insurance, as well as a proportion of rent, business rates, council
tax and (in Northern Ireland) domestic rates.
You should be extremely wary of this though, as it could create capital gains problems for you
when you sell your home. It may be better to consider claiming a nominal amount, such as 156 a
year, instead. HMRC automatically accepts 3 per week as being reasonable without the need to
produce receipts to justify the claim.
Salaries
If your limited company pays you a salary, that is allowable. A dividend is not.
For salary payments, you should issue a P60 at the end of the year to support the amounts paid,
and ensure that the level of remuneration is justified for the work done, as HMRC may disallow
remuneration paid to employees that it considers excessive. Salary payments to a spouse should
be made to an account in his or her sole name, not to a joint account. Money withdrawn by sole
traders and partners is not allowable for tax purposes.
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Training
Where the purpose of training is to provide a business owner with new skills, the cost is treated as
capital and is not allowable for income tax. If the purpose is to update existing skills, then the
expense is allowable.
Where the IR35 rules apply, training expenses may be included within the five percent allowance
for general expenses but not claimed separately in their own right.
Telephone and internet
If a mobile phone is invoiced to the company, the full cost is allowable and there is no benefit in
kind, even if there is an element of private use.
If it is invoiced to the employee, then the benefit in kind is assessed on the portion attributable to
private use. It is helpful if you have itemised bills to prove the split between business and private
use. Note that the deduction is allowed only if you can identify a specific cost relating to the
business calls. For example, if the employee takes out a monthly contract with the telephone
company and pays 50 per month to cover rental and 100 free calls. If the bill for the month is
only ever 50, i.e. not all of the free calls are used; it will not be possible to claim anything even
if half of the calls are business.
The cost of broadband and other internet services is allowable, and if invoiced to the company
then incidental use by the employee does not rate as a benefit in kind. If the service is invoiced to
the employee and reclaimed, the element of private use by the employee may be treated as
earnings.
Insurance
Business insurances are allowable, as are life insurance, personal accident insurance, permanent
health insurance and private medical insurance for employees. A sole traders or partners own life,
accident, permanent health and private medical insurance expenses are rarely allowable.
For expenses paid by a company to be allowable, the basic rule is that they must
be incurred wholly and exclusively for purposes of trade
You cant claim for entertaining clients, but if you have a limited company you
can give yourself a Christmas party, up to 150 per staff member.
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SECTION
4
Paying the
taxman
This section covers:
11. Value Added Tax (VAT)
The registration threshold, normal VAT
accounting, VAT schemes, charging
and paying VAT
12. Taxation of limited companies
National Insurance, personal income
tax and corporation tax
13. Taxation of sole traders,
partnerships and LLPs
Tax rates and tax returns, NICs,
Schedule D and E
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VAT stands for Value Added Tax. Most things you buy in the UK contain VAT, except for loans,
some property transactions, insurance and certain types of education and training. There are three
rates of VAT in the UK: normal rate at 20%, reduced rate at 5% and zero rate at 0%. Any goods
you import into the UK are liable for VAT, as well as some services sourced from overseas.
As a freelancer VAT affects you in the following ways:
1. If your turnover reaches what is known as the VAT threshold (73,000 as of April 2011)
then you are legally obliged to register for a VAT number, which means you then have to
add VAT to your invoices.
2. If you are VAT registered (youve obtained your VAT number) then you can claim back any
VAT on your businesses purchases.
3. As a VAT registered business you have to submit a VAT return to HMRC every quarter. The
amount you pay is the difference between your output VAT (the VAT on your invoices) and
the input VAT (the VAT you have paid on purchases).
4. When registering for VAT, you can choose from a number of different VAT accounting
schemes, including the Flat Rate Scheme, which is specifically designed to simplify admin
for small businesses.
5. You can opt to register for VAT before you reach the VAT threshold some freelancers find
that can work to their advantage as it allows you to reclaim VAT on purchases.
46
47
Advertising 11.0 %
Management consultancy 14 %
Printing 8.5 %
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You can deduct one percent off the flat rate that you use for your rst year of VAT registration. On
the rst anniversary of your VAT registration, the rate will revert to the standard percentage.
To fill out the VAT return you need to know your total sales and VAT amounts for the quarter. This
can be calculated in one of two ways:
a) A cash basis: add up the amounts actually received from clients in the quarter.
b) An invoice basis: add up the amounts invoiced to clients in the quarter.
To register for the Flat Rate Scheme, ask your accountant or visit:
http://www.hmrc.gov.uk/vat/start/schemes/flat-rate.htm#10
IN A NUTSHELL: VAT
Freelancers earning over 73,000 (VAT threshold) have to register for a VAT
number and add VAT to invoices
The flat rate scheme is generally the best option for freelancers earning up to
150,000. It is relatively hassle free and can result in savings (these are treated
as income for the purposes of calculating your corporation tax or personal tax
liability)
You can account for VAT based on the time you invoice or the time you are paid.
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There is one very important point to remember you and your limited company are two
separate legal entities. You have your own tax responsibilities; personal income tax and
employees National Insurance Contributions (NICs). The company has tax to pay too. A company
pays three main types of tax: VAT (covered in the previous section), corporation tax and
employers NICs.
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CORPORATION TAX
This is like an income tax for companies which is payable on the profits that the company makes.
Once a year you will need to complete an annual tax return (CT600) and also supply a signed set
of accounts to Companies House.
Corporation tax is currently charged at a much lower rate than personal income tax. There are
three tax bands, according to the companys annual profit.
The rates are as follows:
Taxable profit
20%
27.5%
26%
TAX ON DIVIDENDS
Dividends can only be paid out of retained profits. Also, the correct paperwork must be completed
and you need to follow the procedures as detailed in section 3.
The dividend taxation rates are as follows (2011):
10% for dividend income received below the higher rate income tax threshold (35,500)
32.5% for dividend income received below above the higher rate income tax threshold
(35,500)
Important note: you wont actually pay these rates as dividends automatically receive a 10% tax
credit (because corporation tax has already been paid) basic rate taxpayers wont have to pay
anything, higher rate taxpayers is 25% of the net dividend, additional rate taxpayers 36.1% of the
net dividend.
For further information and to find out how to calculate dividend tax liability, PCG members
can check out the resources section of www.pcg.org.uk.
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THINGS TO BE AWARE OF
Penalties
Many statutory forms (Self Assessment, P35 Employers Annual Return, etc.) carry a deadline. If
you miss the deadline, you will receive an automatic fine. You may also void any possible claim
that could be made under any Professional Expenses Insurance that you hold.
Tax investigations
The tax authorities may perform various forms of investigation into both the tax affairs of
companies and individuals. These include PAYE and VAT reviews; the former has been seen to be
used as a cover for IR35 investigations. It is important to keep paper records and an audit trail of
every single transaction, such as purchasing equipment or declaring dividends. Whenever you take
on a contract, get it reviewed and come to a rational decision on its IR35 status. Make sure you
have good professional representation in dealings with the authorities.
PCGs website includes a document explaining how to take reasonable steps to determine
your IR35 status. For further comprehensive information please visit the PCG website tax
advice section
Companies have to pay corporation tax, employers NICs if they pay salary, and
VAT if they are VAT registered
The Corporation tax rate for small companies with taxable profits of up to
300,000 per annum is 20%
Directors who receive salary from their company must pay employees NICs and
income tax this is deducted from the salary and submitted to HMRC, usually by
the 19th of each month unless your average monthly payments are likely to be
less than 1,500 in which case you may be able to pay them quarterly
Directors also need to submit an annual self assessment tax return by 31 October
for paper returns and 31 January for online returns
Automatic fines are imposed if you miss the deadline for the submission of
statutory forms.
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Sole traders, partners and members of limited liability partnerships are classified as self-employed
and pay income tax and National Insurance Contributions on their respective shares of the profits
and gains of the business. The tax rates for individuals are:
Your taxable income is the difference between gross income and allowable deductions. Gross
income is the sum total of client fees paid plus any other income such as dividends or interest. The
allowable deductions are your business expenses, as specified in the bookkeeping section of this
guide.
Declaring income via the Self Assessment tax return
To declare this income you need to complete a Self Assessment tax return with details of all
sources of taxable income, taxable gains, reliefs and allowances. If you want HMRC to work out
how much tax you need to pay, you must submit your return by 31 October following the issue in
April. The deadline for the submission of the return is 31 October (if a paper return is being
completed) and 31 January (online filing) following its issue to avoid paying a penalty, but if you
submit the form after 31 October you will also need to calculate the tax due and pay the amount
by 31 January.
Sample Self Assessments can be found here:
Main return: http://www.hmrc.gov.uk/forms/sa100.pdf
Partnerships: http://www.hmrc.gov.uk/forms/sa800.pdf
Individual partners statements: http://www.hmrc.gov.uk/forms/sa104f.pdf
7,225
Upper limit
42,475
9%
2%
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MAKING PAYMENTS
Most self-employed people make two payments on account for the tax year before the return for
that year is due, on:
Each payment includes half of your income tax and Class 4 contributions bill for the previous year.
Any additional or balancing amount due is paid on 31 January, the filing date for the Return.
The tax rates for individuals are: 20% on taxable income up to 35,000, 40% on
taxable income 35,001 - 150,000, 50% on taxable income in excess of
150,000
Income must be declared via a self assessment tax return. The deadline is
31 October for a paper return in which HMRC calculates the amount owed, or
31 January for online submissions in which you (or your accountant) calculate
the total tax payable
If you are self-employed, you will need to pay class 2 NICs of 2.50 per week and
Class 4 NICs as part of your annual tax return
Self-employed people make two payments on account: 50% of your income tax
and Class 4 contributions on 31 January and the remaining 50% on 31 July
following the end of the tax year.
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SECTION
5
Running the
show
This section covers:
14. Where is your HQ?
Choosing where to base
yourself: a home office, a pod in
the garden, a shared office or at
the clients site
15. Winning work
Top tips for landing new clients
and growing your business
16. Managing the workload
Maximising your time, the
briefing process and managing
the project lifecycle
17. Financial planning
Financial buffers, savings,
mortgages and pensions
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In a 2011 PCG survey, 12% of freelancers said they worked from home, and a quarter commute
between 20 and 50 miles a day, usually to their clients premises. Other options include renting or
sharing an office, using one of the many workhubs or workspaces springing up around the country,
or even building a dedicated pod in the garden.
Increased productivity levels without typical office interruptions and chat gaps
Having your own office helps show the tax authorities that you are In Business On Your Own
Account.
A wireless network means that I can work anywhere at home. However, work-in-progress is also
stored on remote servers, so in an emergency (like when builders accidentally cut the phone line).
I can resume work from anywhere with an internet connection. I usually keep normal office hours,
although I have the flexibility to meet client needs regardless, whenever they arise.
Derek Pattenson of Small Office Solutions
Winner of the Remote Workers Freelance Consultant Award in 2009
Potential drawbacks
Home working doesnt suit everyone. For some people, the drawbacks outweigh the benefits:
Interruptions from family, neighbours and friends who do not respect work regime.
Some people create a separation between work and the family by converting their shed
into an office or building one in the garden. Freelancer Phil Thane works from this selfbuilt home office in Wales. Its also possible to buy purpose built garden pods, for
example www.roostuk.com or www.officepod.co.uk
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Make sure those you share your home with see it that way too
The right furniture and equipment are essential investments - get a good chair, especially if
you work long hours at a computer
Installing a separate telephone line lets you make a clear distinction between your work and
home life - when you finish working, let business calls go to voicemail
VOIP telephony like Skype or Vonage can deliver considerable savings - calls between Skype
users are free, and calling traditional landlines or mobiles from Skype is relatively costeffective
Make time to socialise, network and meet new people, particularly if you live alone
If you are freelancing, arrange the occasional meeting with those you work with - personal
contact is so much more memorable than email or phone conversations
Timetable breaks - include sessions away from work to eat, exercise and socialise
I love the freedom and comfort of working at home. Thirty minutes in the garden is better than
any coffee break round a machine real coffee instead of plastic coffee. A 10 metre commute.
Not having a formal dress code. No office politics. Adjusting my timetable to fit my personal life
and family commitments. I never feel lonely as I can still be in touch with the world when I want
to be by phone, Skype and email. Over 90% of my work is done for companies based in mainland
Europe.
Nina Downes
Paying business rates on home offices
There are new rules in place since 2003, which means that you dont normally have to pay
business rates on a home office provided that:
You only use the kind of equipment you might find in any domestic study
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PERSPECTIVE
I was attracted to co-working, and the short commute
gets me into the work mindset. Even though Ive only
been here a few weeks Ive noticed a significant
increase in my productivity. I read a study that showed
that mixing in diverse social groups produces more
innovative thinking and I feel thats an important aspect
of co-working. On a more practical level, the email
group has proved helpful people will chip in with
advice. Im also starting a personal branding exercise,
so those different perspectives will be helpful.
James Holloway, Lighting Consultant
I was attracted t
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In order to separate work from home life, create a dedicated work station or
office. If space and budget permit, a pod or office in the garden can be an
excellent solution
Invest in a good sized desk and a proper office chair to protect your back
Have proper backup systems such as a remote server to store work in progress in
case of power failures or IT problems
Insure your business equipment and check that working from home doesnt
invalidate any home insurance policies
Generally speaking you do not have to pay business rates on a home office
It may be necessary for you to work at the clients premises, but there should be
good reasons. You are a business in your own right, so there is no need for the
client to be keeping an eye on you as if you were an employee.
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Sales and marketing is a core function in any business - freelance businesses are no different.
However, without the resources and budget of a large company, freelancers generally cant afford
large scale marketing efforts. Prospecting for clients therefore needs to be highly targeted to be
cost and time efficient.
When starting out as a freelancer, agencies can be a good source of work, especially if you dont
have an established network. Agents are basically outsourced talent scouts for clients the better
ones also act as an outsourced marketing service for you.
You dont have to work through agents if you are able to find client work directly. As you become
more experienced you may find that you get better rates and potentially more interesting projects
working directly with clients.
Having a positive attitude and believing in yourself are very important. Not only that, but planning,
organisation and persistence will pay dividends. Never forget that people buy from people - always
treat your business contacts as you would like to be treated. Listen carefully to what they want,
ask them for feedback, keep your promises, and be thoroughly professional in all your dealings
with them. Your reputation is everything.
In a 2010 survey commissioned by PCG 668 business leaders were asked how they usually find
freelancers. Recruitment agencies proved to be the most popular route, while 42% of business
leaders usually find freelancers through referrals. A similar pattern emerged when freelancers were
asked how they land work.
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Providing a brief summary to explain why you are suited for a project (particularly if its a
project that particularly interests you).
Following up on every single project for which you have been put forward (it shows that you
care and is also a good reason to get in touch).
Try to find out as much as you can about the project from the agent before you give permission to
send your details to the client. Dont let agents put you forward for a role for which you are not
suitable - agents are required to ask your permission before submitting your details to a client.
A list of agencies is published on PCGs supplier directory. PCG members regularly share
experiences about agencies and can point you in the direction of good ones. Have a look
on the PCG forums.
Note to PCG Plus members: remember you can claim up to 7,500 if your agency goes
bankrupt and owes you money.
Things to check if the agency pays you directly
Remember, if you are a sole trader, you cant be paid by a recruitment agency, only by the end
client.
If you are a limited company the recruitment agency can pay you gross, without deducting tax and
NICs. This gives you more control over your tax situation. However, its essential to check the
agency contracts. Nowadays, a good contract is outside IR35 and on true business-to-business
terms. A bad contract contains clauses that restrict your ability to work for clients or place
personal liability on you or your family. Typically, this sort of contract will look more like a contract
of employment than a business contract.
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Your engagement on a project will usually involve an upper level and a lower level contract. The
upper level contract is the contract between the agency and the client and the lower level contract
is the agencys contract with you. Both of them should feature proper business terms and
conditions.
PCG publishes a list of agencies using PCG approved contracts. If your agency isnt on
the list you can refer them to the PCG Approved Contract Scheme or ask if they would be
willing to use PCGs approved contract templates.
In terms of how the agency pays you, this is usually done on the basis of timesheets signed by a
representative of the client. The exception will be fixed-price work, although even here the
timesheet may be the recognised indicator of progress. Many clients also have project time sheet
systems. Typically a freelancer will raise an invoice on a frequency agreed at contract negotiation
time, usually weekly or monthly, which is reconciled with the signed-off timesheets. It is in the
interests of all parties that timesheets be filed regularly and accurately as they are the basis for
clients and agents cash flows and ultimately your income.
Finally, if you are asked to supply information relating to the Agency Workers
Regulations, check the guidance in the policy section of pcg.org.uk.
Negotiating rates
The agent will usually be paid commission as a percentage of your hourly rate, anywhere from
5% to 25% (although it can be higher), depending upon industry and sector. So the agent gets
paid only if you get work. Some clients have agreements with agencies to supply freelancers on a
fixed level of commission. In this case, the agents margin is usually non-negotiable, so if you
want more money it will need to come from the client. You therefore need to push home your
competitive advantage during the initial discussion with the client. If the client really wants to hire
you, this puts you in a stronger position to negotiate a larger share of the money being paid to the
agent.
Like all sales meetings, it helps if you have researched the potential client it will impress if you
clearly understand what they do and their market. Also make sure you ask all necessary questions
to understand the task you are looking to undertake and clarify the nature of the relationship
between the client, the agency and you, for example, with whom you should be discussing
contractual issues versus project issues.
At this stage its worth finding out how much commission the agency charges as this can
sometimes have an impact on the client relationship. Lets say you are getting paid 25 per hour
and the client is paying 50 per hour for your services. All clients expect to pay an agency margin
but, because some agents have two-sided non-disclosure clauses, the client may, in this case,
think you are a 40-an-hour freelancer. This will have an impact on the level of expertise the client
will expect you to have. This, in turn, could have a significant effect on the relationship you have
with your client during the contract.
Contract negotiation is not just about getting more money. You may want to secure an IR35
friendly contract, which can reduce your tax and NI liability. You could also consider negotiating
the right to work from home, more project control and so on. A rate will often be slightly higher if
you accept payment terms of 30 days rather than seven.
If you are nervous about the thought of going for lots of interviews or negotiating, remember that
it is just a normal part of freelancing and gets easier with practice. Do not take it personally you
are no longer an employee, so this is a straightforward business-to-business negotiation. See the
top tips on negotiating rates at www.pcg.org.uk/resources. PCG Plus members can take
advantage of Freelance MBA resources from Ashridge.
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Legal Considerations:
Agencies are often subject to a number of laws designed to protect low paid temporary workers
from abuse. Though as a freelancer, typically running your own business, you are usually not the
intended target of such legislation, it is worth taking the time to familiarise yourself with the rights
you are entitled to, and with the way these laws might affect your relationship with an agency.
The Agency Workers Regulations (usually known simply as the AWR) are laws which guarantee
certain agency workers similar working conditions and protections (particularly in terms of pay,
holiday, and working time) as if they were employed permanently. They do not affect the
genuinely self-employed or freelance individuals who are in business on their own account, so for
most freelancers, they will not apply. For more information visit employment status on page 12 of
this guide
In order to ensure that they do not have to provide you with any additional rights under this law,
an Agency may take steps to ensure you are definitely a business, by providing a business-friendly
contract, or by ensuring you fill out a questionnaire for example. It is also in your interest to be
treated as a business as it may help prove to the tax authorities that you are definitely a business,
as opposed to an employee. For more information on the AWR, visit www.pcg.org.uk/agencies,
where you can download a full guide to the law.
Other legislation which may affect you includes the Conduct of Employment Agencies and
Businesses Regulations. They are often known simply as the Conduct Regs, or sometimes,
confusingly, the Agency Regs or EAA regs. These regulations are designed to protect those who
work via an agency from unfavourable contractual terms such as handcuff clauses or temp to
perm fees. Freelancers can choose to opt out of this protection. Many choose to do this as it
provides a further pointer that they are genuinely operating a business. Some do wish to be
protected by the Conduct Regs and if so there are various obligations an agency must fulfil. For
more information on the Conduct Regs, a guide for PCG members is also available to download
here and at www.pcg.org.uk within the resources.
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Building rapport is ESSENTIAL. If you know they are just back from holiday, ask how it was. If
youve been there too, share an anecdote. Find out what makes them tick and you can almost be
guaranteed that they will get back to you.
Make it light-hearted but dont ramble. Introduce yourself and explain in a nutshell what you can
offer (pitch it professionally but in a relaxed way so it doesnt come across as too formal). If you
have worked with a similar organisation, tell them what you did for that company. Also, focus on
their possible pain or pressure points which should come from your research or your conversation
with the receptionist (e.g. they are always in meetings, travel a lot, are a team member down,
about to launch a big product).
It can help to say, you may not have a need at the moment, however if its OK, I would like to
send you my CV/LinkedIn page and perhaps you could forward it to anyone you think might be
interested.
There is a certain art to cold calling and not everyone is comfortable doing it. If you are, then you
have a fantastic asset. If not, you might be able to outsource it try typing lead generation for
freelancers into Google.
Email campaigns
Targeted marketing via email can also be effective, and cost very little.
According to the EU anti-spam rules it is ok to send unsolicited email to business owners and
company employees without their prior consent, as long as:
You provide an easy (free of charge) way for the person to opt-out of receiving further
communications from you
The rules for emailing private, non-business individuals are different you cant email them
without their prior consent. However this shouldnt affect you if you are using the email campaign
to land B2B clients in a traditional freelance capacity.
When crafting your email, spend some time working on a good headline for the subject box. Its no
good saying something like CV attached because at the end of the day, why should they care?
If you have researched their pain you should be able to come up with something very specific
that addresses their problem and hints at a solution. So for example, lets say youre a French
speaking PR specialist in the UK. Do you know any UK companies selling to France? Have they got
PR covered, or could they use your help?
If your research indicates that they lack the know-how, your subject box could say something like:
How to earn press attention in France. If you think they have the expertise in-house, but are
stretched for time and could use some help, it could be: Need help writing French press releases?
The trick is also to keep it short enough so the subject doesnt disappear off the edge of the
persons screen (bear in mind they might be reading it on their mobile).
Individual targeted emails are likely to have a higher response rate, but if you want to do wider
blanket mailings, services such as www.graphicmail.co.uk can be used to set up and track the
campaign.
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The CV
Instead of presenting your career in reverse chronological order with half a dozen bullet points
underneath each job; write each major project you have done as an evidence based case study
and create a section titled Portfolio.
This is the most effective framework for professional contractors to write their CV it breaks your
career down into individual pieces of work. You may identify 30 pieces of work and decide that 15
of them are up to date and relevant. Once you have identified the key pieces of work, write them
as short case studies (no more than 6 lines long), ideally using the STAR methodology (Situation,
Task, Actions, Result).
The CV then becomes a portfolio of case studies and you are able to change the order around
depending on what roles you are applying for. Of course, recruiters will still want to see your dates
of employment or contract engagement, so put a career chronology section after the case studies
with the date, company name and your job title. This framework will provide you with much more
flexibility and allow you to tailor the CV to the roles you are applying for in a much more effective
way.
Networking
For freelancers, networking can be one of the most effective ways of finding new business. After
all, people buy from people, so face-to-face contact is likely to work much better than cold calling,
advertising or other forms of promotion. A recommendation by someone who knows you can be
extremely influential indeed. See the top tips on networking at www.pcg.org.uk/resources. Also
check the PCG events calendar for a networking event near you.
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Website
In the 2010 National Freelancers Day survey findings, clients ranked website and/or online
presence as the least important factor when selecting a freelancer. Qualifications, price and
evidence of training came top.
So in terms of your immediate priorities, spending a lot of time and money on a website might not
be top of the list youll be able to judge whether you need one by the reactions of any
prospective clients or agencies. Are they asking to see your website?
That said, sitting down to plan your website forces you to really think about how you communicate
your offering. If you include a clear call to action a reason and a means to get in touch with you
it can be an effective complement to your overall marketing approach. It need not cost the earth
either. Blog platforms like wordpress.com allow you to set one up for free and it doesnt have to be
in blog format as the software lets you create normal web pages as well. Theres also
www.about.me a neat way to create a single webpage to link to any of your other online
resources, such as pieces of work youve created.
Social Media
Some freelancers use their LinkedIn page instead of a website its a free, quick and easy way of
creating an online profile that is always up to date. You can also set up a custom URL on LinkedIn
so you can publish a personalised link to your profile. Crucially, this enables you to maintain
contact with past clients and build your network. Asking for recommendations from past colleagues
or clients is a good reason to get in touch and keeps you on their radar. For top tips on
maximising your LinkedIn presence, see the section on boosting your marketability in
www.pcg.org.uk/resources
You can also create a company page on either LinkedIn or Facebook. Twitter is another
alternative excellent for assessing the market, gathering information, developing your reputation
and building relationships. Visit the PCG website for tips on using Twitter to get more clients
PCG often runs seminars on using social media effectively keep an eye on the events
calendar at pcg.org.uk or subscribe to the newsletter for updates
PR
You dont have to be a big company to use PR. Here are some of the things you might consider
doing:
Public speaking
Make yourself available for interviews by positioning yourself as an expert in your field
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HOW I USE PR
Public speaking is a useful way of building a reputation
provided that you help others by giving useful information, not
by directly selling services. Within most communities
knowledge sharing is a valued way to behave, while overt
marketing is poorly received. Other ways to share knowledge
and information include publishing articles, contributing to
podcasts, giving webinars and video.
In 2009 I invested in the professional production of a video
case study about a large project. This was used as part of the
entry for an international design award, which ended up taking
me to San Francisco for the Awards event with help from UK
Trade & Industry. That video keynote, which has been used at
international industry events that I could not attend in person, has been instrumental in
securing extra business and has resulted in more invitations to speak at international events.
Colin Butcher of www.xdelta.co.uk is a consulting engineer specialising in mission
critical systems. More advice on building your career can be found in The Freelance
Career Ladder: seven business models to help you plan the journey at pcg.org.uk
Its important to check the agencys credentials ask for recommendations. Also
check the contracts they are using are based on sound B2B terms
Finding clients directly usually takes more marketing effort, but can lead to
higher rates, a more straightforward relationship and clearer lines of
communication
People buy people: working your personal network is the most effective way to
land work keep in touch with everyone you have ever worked with
Dont ignore the power of PR are there any opportunities for you to speak at an
event or write an article to show your expertise? Remember that in PR, the goal
is to give useful information, not to sell
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Freelancers often complain about the fact that their workload is either feast or famine. After a
couple of years you will probably start to see some trends.
If you are overwhelmed with work, dont be afraid to say, I cant fit it in now, however I could
start the project in three weeks time. If the client really wants to work with you, there is a good
chance they will agree. If a project mushrooms, dont be afraid to discuss an updated budget with
the client. If you state your case clearly, they are likely to agree and you will feel more motivated
to do a good job.
Schedule holidays, business planning and new business activities for the quieter periods and dont
be afraid to take the odd day off to re-charge your batteries. Some freelancers build time into their
schedule to do something completely different such as a training course or even voluntary work.
Variety helps you meet new people, which could lead to a new brief.
When you sit down to work, concentrate on one thing. Multi-tasking has been shown to be
counterproductive. A widely reported study by research firm Basex put a price tag on what they
termed the modern attention deficit, which, they estimate, consumes nearly a third of each
workers productive day: 28 billion man-hours lost annually to unnecessary interruptions cost U.S.
businesses $650 billion per year.
Its rare for anyone to be able to focus completely on one thing for more than 50 minutes, so it
makes sense to work in batches of 50 minutes, or less if you find your attention wandering.
Schedule five minute breaks in between and you should find you get more done.
Also, rather than wasting time trawling the internet for resources, use the PCG website, help-lines
and forum to answers your tax, legal and freelance/contracting related questions. Also, dont
forget you can download useful documents such as non-disclosure agreements, contract templates
and guides saving you a lot of time and hassle.
I have to make sure that I dont bite off more than I can chew, taking on
work that I cant deliver against. Conversely, its important to keep
enough in the forward order book. When theres enough work coming in
and you can manage it, its not stressful, but if it goes too far in either
direction it can get quite stressful you learn to strike the right balance.
Stuart Mealing, freelance contractor. Read Stuarts case study at
www.pcg.org.uk/join
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Lines of communication
Access to systems
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A good way of doing that is to send the client a short project impact questionnaire to help
identify the main learnings from a project. This is also useful for capturing positive
client endorsements for promotional purposes.
Partition your time so that you work on a specific task for 50 minutes without any
distractions, its far more efficient than trying to multi-task
Write a project brief at the start of any project to ensure clarity and focus for all
parties
Use a contract for services to define a B2B relationship, this avoids IR35 and
employment status issues
Once the project is underway, schedule regular review points to check that
everyone is still in agreement with the direction the project is taking make
adjustments as required
Face-to-face contact is important but make sure any meetings are 100%
productive by planning carefully and ensuring you know what you are hoping to
get from it
Get feedback evaluate the project impact so you can plan improvement.
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The value of the final pension you receive in these schemes depends on the amount invested, the
time invested and the quality of the funds you invest in. You, as an individual, bear any risk on the
investment returns in these schemes.
Stakeholder pensions
A stakeholder pension scheme is a flexible and portable personal pension arrangement that must
meet strict Government standards. The main differences between stakeholder pensions and other
personal pensions are:
The charge capping means that some providers choose to invest in simple tracker funds that
do not provide the wide range of investments many unit-linked personal pension funds offer.
State pension
In addition to any occupational schemes and personal pension arrangements, you may be able to
benefit from basic pension provisions made by the State, which currently comprise:
Basic State pension. The Pension Service (part of the Department for Work and Pensions) will
pay your basic State Pension based on your National Insurance record. You may also qualify
for the additional State Second Pension based on your earnings and National Insurance
contributions.
State Second Pension (S2P). An additional State Pension on top of your basic State Pension,
paid by The Pension Service. This was called SERPS, but since 2002 it is called the State
Second Pension. Self-employed people cannot build up a State Second Pension, but salaried
directors can. Contracting out will end for nearly all schemes in April 2012.
PENSION ALTERNATIVES
There are disadvantages with pensions, such as the lack of flexibility, management charges and
the fact that you can take only 25% of all your pension arrangements as a tax-free lump sum.
There are many alternatives to a standard pension for a company director see the paragraphs
about WRAPs and SIPPs further on. Or, if you would prefer your retirement income, rather than
the contributions you make today, to be tax-free, you could take out an ISA, although overall this
is less tax efficient. Of course there are other options as well, such as building up a large property
portfolio, where you can benefit from the power of gearing, but being a landlord is a decision not
to be taken lightly.
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As a freelancer, your lifestyle will be quite variable. You may end up working abroad and could
even retire overseas. You can use your companys surplus funds to save for your retirement. To do
this, simply leave the money in the company by using a corporate savings account. However,
growth rates are unlikely to keep pace with inflation, and this is far less tax efficient than company
pension contributions (see the PCG Guide to Pensions for an explanation on how your
company can make pension contributions on your behalf and claim them as an allowable
business expense).
WRAPs and Self-Invested Personal Pension Plans (SIPPs)
WRAP is an investment concept that originated in Australia. The idea is that the client has
investment freedom and can hold other assets on the platform, such as Individual Savings
Accounts (ISAs), Unit Trusts, Bonds, etc. Typically, fund performance can be monitored online.
Holding all assets on one platform greatly reduces the effect of charges and allows movement
between the different asset classes, without the need to disinvest. Typically, a contractor would
work with a Financial Planner when using a WRAP.
A SIPP is a personal pension with a wide choice of investments. It lets you choose from a wide
range of funds and other investments. You can hold individual stocks and shares in a SIPP should
you wish. The SIPP wrapper provides the tax advantages and legal framework for your collection
of investments for retirement. What you hold within the SIPP wrapper is up to you. You are able to
choose and switch between a wide selection of funds and permitted investment types. With a
stakeholder and many personal pensions you can choose only from a limited selection of
investment funds.
SIPPs and WRAP allow an enormous range of investment options to be exploited for those with the
desire, time and confidence to manage their assets individually. Alternatively a professional
adviser can help with some ground rules, asset allocation strategies and guidance.
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6
Risk prevention
This section covers:
18. Assessing risk
Tools to prevent or mitigate financial
meltdown and other disasters
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Running a business can be risky. Thats why many people prefer to have a boss than to be their
own boss. However, savvy freelancers are aware of the risks and do everything necessary to
minimise them. Risk assessment forms the basis of a Business Continuity Plan, so that your
business doesnt collapse the first time it encounters the inevitable storm.
The steps are as follows:
1. Highlight high priority risks to your business.
2. Work out the best way of preventing them.
3. Work out how to soften the blow if they happen, despite your efforts to prevent them
this usually involves taking out some kind of insurance.
PCG members can download the risk buster: an assessment tool to plan for potential
mishaps
Using insurance to minimise fall-out from a bad situation
When it comes to insurance bear in mind it isnt always optional. The following chapters outline the
insurances that are required by law as well as those that make sense from a commercial point of
view.
Insurance quotes can vary enormously, so this is one area where it really does pay to shop
around. Its possible to save money by taking out insurance bundles for example a common
bundled package is Professional Indemnity insurance combined with Employers Liability and Public
Liability. Always read the small print as it may contain key exclusions or caveats. Be careful to
check whether any new policy you take out could clash or invalidate any of your other policies
(being double insured can sometimes cause issues).
For a list of insurers see the PCG supplier directory at pcg.org.uk.
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MOTOR INSURANCE
Third party liability insurance is compulsory for all motor vehicles used on the road.
Comprehensive insurance includes third party liability but also provides cover for re, theft and
accidental damage.
Personal accident cover for certain bodily injuries sustained by the driver is usually offered as an
extra option and will pay out a weekly or lump sum; an important consideration if you work for
yourself. Ensure that business use is specifically covered by your motor insurance policy.
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Provide clients with professional advice and could be challenged on your work
To work out the level of cover you need, consider the following:
A good policy, as well as covering you for areas such as negligence, breaches of intellectual
property and loss of documents/data, will also provide protection for areas such as defamation. It
will also provide for loss of client fees in the event of a Professional Indemnity claim. Make sure
any policy you buy, as well as covering you for the following 12 months, also covers you from the
date when you began trading. Should you stop trading, retire, or take a permanent job, it is wise
to purchase Professional Indemnity insurance for at least another 12 months in case a client brings
a claim against you for work done previously. In extreme events, a claim could actually be made
against you up to six years after the claimants first knowledge of a problem, according to the
Limitation Act 1980.
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LIFE INSURANCE
As a freelancer/contractor, you dont receive death in service benefits from an employer, which
pays out a lump sum in the event of your death. This could mean your dependents would be
exposed to potential financial hardship. You can arrange life cover personally or via your company
(which is typically more tax efficient) so that your family is protected and any mortgage or other
debts can be repaid in the event of your death. A lump sum payment or ongoing annual benefits
can be paid and you should always consider the merits of writing policies in trust to ensure a
smooth payout to your beneficiaries while making the most of any tax advantages. In the case of
pension related life insurance, paid for by your company, you can also receive tax relief on the
premiums.
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INCOME PROTECTION
As a freelancer, you do not have the safety net of an employer to pay for sick leave. It is worth
investigating permanent health insurance to cover your personal outgoings should you ever be
unable to work for long periods. Some policies will pay a tax free income on the very first day of
any illness or incapacity, all the way through to retirement if necessary. Its important to ensure
that both salary and dividends are covered by the plan and it is best to be wary of so called
mortgage payment protection plans which offer only short term benefits and often do not
recognise freelance income. Its advisable to apply for all forms of health related insurance before
you experience symptoms of a serious nature.
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ACKNOWLEDGEMENTS
PCG, the voice of freelancing would like to thank the following organisations for reviewing this
document and recommending refinements and amendments where appropriate:
www.abbeytax.co.uk
www.randelldorling.co.uk
Hiscox
www.hiscox.co.uk
Wealth Matters
www.wealth-matters.co.uk
ContractorFinancials
www.contractorfinancials.com
DISCLAIMER
This document is for general guidance only and is not a substitute for professional advice where
specific circumstances can be considered. Whilst every effort has been made to ensure the
information contained within this publication is correct, PCG does not accept any liability for any
errors or omissions contained herein or any action taken or not taken in reliance upon the
information provided in these articles.
No part of this publication including any article or graphic in whole or part may be reproduced
without PCGs express permission. PCG neither endorses nor provides any indemnity regarding any
product, service or organisation mentioned within this document unless specifically stated.
It is strongly recommended that you consult the appropriate legal and accounting professionals for
advice about your specific circumstances before making important decisions.
UPDATES
This Guide to Freelancing is updated from time to time, and you should visit the PCG website
www.pcg.org.uk regularly to make sure that you have the latest version, or, better still, join PCG
as a member.
Whilst every effort is made to ensure that the information herein is correct at the time of
publication, it is inevitable that certain information may be superseded very quickly.
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