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When it is triggered,the process of director disqualification is handled by the Insolvency Service. Sometimes this occurs when an employee feels one of the directors of their company is unfit. The reasons behind this are many,but any director needs to understand what director disqualification is and how it works.

What Exactly Is Director Disqualification?

The director disqualification process is commenced when the director of a company is thought to be possibly unfit for his post. It must be remembered that anyone can report a company’s director’s conduct as being unfit,and it is at this time that the Insolvency Service will commence the investigation.

What Conduct is Thought to be Unfit

Unfit conduct covers a number of different behaviours that you need to understand.

These behaviours include letting the company to continue trading when it is unable to pay its debts,although it is important to know that ‘Insolvent trading’ may not be a reason to consider that a director is at fault. However,’Wrongful trading’ is a major offence and if a director is accused of this they would be wise to seek legal help. Other reasons are,not keeping correct books,not sending the books,not paying the taxes that the company owes and not providing returns to Companies House. Using company assets or money for personal benefit is another reason that can be seen as unfit conduct.

The Penalties

If the Insolvency Service’s investigation finds that the director is unfit,they could be disqualified for 15 years. In this time period,they will not be able act as a director of a company in the UK or for any a company that has a UK connection. They cannot get around this by sitting in the background either,as forming or marketing a company within this time is also not allowed. If they break these rules,the offence committed means that they could face a fine and a prison sentence of up to 2 years.

Just How Does Disqualification Work

When there is a complaint against a director or the company is involved in any insolvency actions,an investigation will be triggered by the Insolvency Service. At this time,if the Insolvency Service considers that the director has not met the legal responsibilities of the role of director,the director will be told about this by letter. This communication will include the areas where they feel the director has failed to meet the required standards. It will also say thatthey are going to start the disqualification process and how you can respond.

When a director receives this communication,they have 2 ways forward. One of these is to wait for the Insolvency Service to start court action. Here you will be able to disagree in court saying why you think the Insolvency Service is not correct in their assessment.

The second option is to provide the Insolvency Service with a disqualification undertaking. Here you agree to voluntary disqualification and you will not have to go to court. It is however recommended that you get legal help before you take this course.

There are Other Ways of Disqualification Being Triggered

There are other bodies that can apply for a director to be disqualified. However this is only allowed under certain circumstances. Such bodies include Companies House,the courts,a company insolvency practitioner and the Competition and Markets Authority. All of these groups follow a process similar to that of the Insolvency Service.

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Umbrella Company Pension Schemes – What You Need to Know

Pension schemes help employees put money aside for retirement directly from their wage. The problem for self-employed professionals is that they need to manage this themselves,either by setting up a pension scheme or saving money from their income.

Fortunately,umbrella companies class contractors as employees,giving them all the benefits of employment. That includes a pension scheme,which now requires contribution from the umbrella company too. Let’s take a closer look at the statutory pension schemes available through umbrella companies.

Auto-enrolment pensions

In 2012,the UK Government decided that workers weren’t saving enough for their retirement. People were relying too much on the State Pension,which had not received adequate funding to match the continuing rise in life expectancy and an ageing population.

To combat this,they introduced automatic enrolment. The new system,rolled out from 2012 to 2018,requires employers to automatically enrol eligible employees onto a workplace pension scheme. Employers are also responsible for deducting contributions from their pre-tax income and making a minimum statutory contribution to the employee’s savings.

In October 2012,this minimum contribution was set to 1 percent for employees,which was matched by employers,rising in 2018:

• October 2012 to 5th April 2018: employers 1%,employees 1%
• 6th April 2018 to 5th April 2019: employers 2%,employees 3%
• 6th April 2019 onwards: employers 3%,employees 5%

However for anyone that doesn’t want to contribute to a pension once you’re enrolled you can still opt out.

Umbrella company pension scheme

Working through an umbrella company,contractors are classed as an employee. That means,yes,you are automatically enrolled onto the umbrella company’s pension scheme as long as you meet the following criteria:

• Your work is primarily UK-based
• You earn more than £10,000 per year
• You’re between 22 and the state pension age.

Until 5th April 2019,3% of your pre-tax salary will go directly into a pension fund,with the umbrella company contributing a further 2%. From 6th April 2019,5% of your pre-tax salary will go into the same pension fund,with your umbrella company contributing a further 3%.

The benefits of an umbrella company pension

Some contractors may worry that this will eat away at their wages. Don’t. Pension contributions are made before your wages are taxed. That means anything that goes from your wage into your pension fund is tax-free rather than being taxed at 20% or even 40%. So,instead of receiving 60% of your income,you receive 100% via a pension fund.

Let’s say you earn over £46,351 per year,which puts you in the higher rate band of income tax. Anything you earn beyond that £46,351 per year (roughly £3,863 per month) is taxed at a rate of 40%. You get just £60 for every £100 of income. Why not put the full £100 straight into the pension fund instead?

That’s why many people,especially those in the higher rate band of income tax,choose to put more than the minimum into their pension fund. And this is entirely possible. Contractors can contribute up to £40,000 to their pension scheme per year,comprising tax-free income and employer contributions. Currently,there is a lifetime allowance of £1,030,000 which can be contributed before incurring any tax.

Using your funds

With the increased earnings of contracting,it’s common for contractors to retire early. Alternatively,you might simply want to get some of the money out for a holiday,new car or home improvement. The good news is: you don’t have to wait until the state pension age to access the pension funds you’ve built up through your umbrella company pension.

Once you’re 55 or over,you can access up to 25% of your pension pot as a tax-free lump sum. Anything beyond the 25% will be taxed as an addition to the rest of your income that tax year – either 20% over £11,850,40% over £46,351 or £45% over £150,000,as things currently stand. That’s why most people choose to take their pension as regular income once they have retired,to minimise the amount of tax paid.

What about limited companies?

Contractors who operate as a limited company can still benefit from the tax relief of a pension scheme. However,as with most things relating to limited companies,this requires a lot more effort on their part. Firstly,they have to get the right balance between salary and dividend payments to increase the limit on their pension contributions.

Because employer contributions,such as pensions,count as a business expense,they are subject to tax relief. So,when you contribute to your pension scheme,as a director,the company could save money in corporation tax.

However,this has added complications because it needs to be fully compliant as an allowable expense. Any other employees,for example,should be given comparable packages to prove to HMRC that it is a genuine business expense.

On top of all that,using a limited company pension scheme means setting up and paying into the pension fund yourself. Along with all the other administrative work for limited company owners,it’s definitely worth seeking advice and assistant from a trusted accountant.

Get the right assistance

Whether you’re looking to compare umbrella companies or find the right accountant,you can make the right choice with -. Our online comparison tool lets you assess multiple companies in a matter of minutes. It couldn’t be easier to take the hassle out of contracting. Contact us today for more information.