Contractor Doctor: How do I work out my NICs when I leave my job to be a contractor?

IR35 Test

Dear Contractor Doctor,

I have just started contracting in an interim role using my own contractor limited company. Before that, as an employee I earned £22,000 in this tax year, on which I paid income tax and National Insurance Contributions (NICs) under PAYE.

What is the best way for me to pay myself now I’ve started as a contractor and make sure I stay up-to-date with my National Insurance ‘stamp’ payments?

Thanks

Paul

Contractor Doctor says:

According to Phil Richards of BFCA Chartered Accountants, if a contractor has earned over £5,720 from other work, such as through previous employment, then there is no need for the contractor to pay himself or herself any further salary from a National Insurance Contributions (NIC) perspective in that tax year.

“Contractor NICs are cumulative, but not pro rata in a given tax year,” explains Richards. “So, from a tax perspective, once a contractor has earned more than their personal allowance amount of £6,475, then there is little point in the contractor paying themselves any more salary – they have already earned up to their tax-free limit.”

NICs are cumulative

The contractor will have paid tax on their earnings if the £6,475 was in the form of salary, with their income tax and NICs deducted at source by PAYE. And if their employment period was less than 12 months, the contractor could well get a tax rebate on completion of their tax return.

Richards says that, although NICs are cumulative, they are not pro rata over the year: “A contractor limited company director will pay NICs when they go over the threshold in that ‘employment’ as a director in one tax year. That could be in one month or 12 months of ‘employment’. A contractor could, for example, pay themselves nothing during the financial year until March and then pay themselves £5720 and still not pay NICs.”

Payment by dividend, not salary

Contractors who have worked for a couple of months in the tax year as employees on a decent salary and then make the switch to becoming a limited company contractor are likely to have earned over the their tax-free allowance and paid sufficient NICs to ensure they qualify for all the benefits entitlements.

Richards continues: “In a case like this contractor’s, having earned £22,000 this tax year as an employee and now working through their own limited company, the contractor would be wise to pay themselves a dividend rather than a salary; otherwise, they will end up paying unnecessary income tax and NICs.”

He does add that, although directors don’t have to pay themselves the minimum wage, there may be reasons, such as for pension requirements or in respect of any benefits claimed, that could require a contractor to continue salary payments. Contractors should check with their contractor accountant to ensure that there is no reasons for them to be paid a salary, rather than just dividends.

We advise our clients that they should pay some, but not too many, NICs during a financial year so that they qualify for the full range of state benefits available

Phil Richards, BFCA

NIC payments to maintain benefits

There are no hard and fast rules about what NIC payments a contractor should pay during each tax year, as these will depend on individual circumstances, the contractor’s gender and a number of other factors.

“We advise our clients that they should pay some, but not too many, NICs during a financial year so that they qualify for the full range of state benefits available.”

Good luck with your contracting!

Contractor Doctor

Published: Wednesday, October 21, 2009

© 2012 All rights reserved. Reproduction in whole or in part without permission is prohibited. Please see our copyright notice. If you want to use any content you have seen on this site then please request our media pack and ask for details of our Content Licencing Service.


Readers Comments...


  
Bookmark and Share
  
     
  

Latest Site Updates

Public sector contractors may be forced into PAYE under new ‘off-payroll’ rules Public sector contractors may be forced into PAYE under new ‘off-payroll’ rules

Limited company contractors with public sector clients are facing new ‘off-payroll’ rules that could force them into PAYE or out of work.

Choosing an online contractor accountant or accountancy software – checklist download Choosing an online contractor accountant or accountancy software – checklist download

Contractors can choose the online contractor accountant or accountancy software that suits the needs of their contracting business using this free che

The tax avoidance arms race is MAD: mitigation, avoidance and disclosure The tax avoidance arms race is MAD: mitigation, avoidance and disclosure

The tax mitigation arms race between HMRC and tax advisors leads to a never-ending cycle of mitigation, avoidance and disclosure, says David Colom.

Does HMRC even know where its ‘better administration of IR35’ target is? Does HMRC even know where its ‘better administration of IR35’ target is?

If contractors agree to trial HMRC’s new IR35 framework for 12 months, how are we going to measure if ‘better administration’ has been achieved?


  
  

Twitter

  • Public sector contractors may be forced into PAYE under new ‘off-payroll’ rules http://t.co/LksFe03G

    11 hours ago

  • Oil and gas contractors prospects looking positive following record breaking North Sea licensing round http://t.co/1oy3Wb4l

    11 hours ago

  • Choosing an online contractor accountant or accountancy software – checklist download http://t.co/Jv2aptCF

    20 hours ago

  • Will the new Enterprise Research Centre dedicated to SMEs recognise the role of contracting businesses in the economy? http://t.co/ACE31fIm

    Tue, 22 May 2012

  • HMRC defends it tax gap calculations claiming external estimates are misleading http://t.co/7RWvC7bq via @AccountancyAge

    Tue, 22 May 2012

  • The tax avoidance arms race is MAD: mitigation, avoidance and disclosure http://t.co/9q1WMPjD

    Tue, 22 May 2012

Follow Us On Twitter


  
     

  
  

Contractor solutions

Contractors Handbook AM Limited IR35 Test
  
Contractor accountants - pricing checklist
  

Contractor solutions

Choice Premier Pay+

Take home up to 85% of your pay. IR35 solution.

Bedouin Group

No more IR35. Retain up to 85% of your earnings.

Parasol Group

Umbrella or Limited? Guidance on best options, and take home pay.

Contractors Handbook

The expert guide for UK contractors and freelancers

InTouch Accounting

Person to person contractor accountant. Free IR35 review.

NA D J Colom Accountants Bedouin Group Contractor Financials NewsNow
  
Elevate

  

The UK's leading contractor site. Independently audited traffic (ABC) – 156,346 monthly unique visitors.