Am I Employed or Self Employed? (on questionnaire)
Am I Employed or Self Employed? (on questionnaire)
Author
Discussion

kryten22uk

Original Poster:

2,350 posts

261 months

Wednesday 16th May 2007
quotequote all
I set up an Ltd company for my business, and I am the only "employee". I only receive the tax-free salary with the rest as divs. The usual gig really.

But when filling out application forms etc, do I put that I am self employed or that I am in Full Time employment? I certainly dont want to put down that I only have a salary paying £435 per month.

plasticpig

12,932 posts

255 months

Wednesday 16th May 2007
quotequote all
You are employed.

kryten22uk

Original Poster:

2,350 posts

261 months

Wednesday 16th May 2007
quotequote all
But then when answering the "what is your salary" question, do I put £5220 or can I put what I actually earn?

Eric Mc

125,763 posts

295 months

Wednesday 16th May 2007
quotequote all
You are definitely NOT Self Employed.

You have a salary as a Director of your own Limited Company.

In the questionnaire you need to demonstrate your full income level from the company, which would be a combination of your GROSS salary and your GROSS dividends.

From ny experience, many of these standard questionnaires do not take into account people in your position and you may need to provide some additional notes explaining the situation.

deva link

26,934 posts

275 months

Thursday 17th May 2007
quotequote all
kryten22uk said:
I certainly dont want to put down that I only have a salary paying £435 per month.

You've found the flaw in (mainly) paying yourself through dividends.

djohnson

3,685 posts

253 months

Thursday 17th May 2007
quotequote all
kryten22uk said:
I set up an Ltd company for my business, and I am the only "employee". I only receive the tax-free salary with the rest as divs. The usual gig really.

But when filling out application forms etc, do I put that I am self employed or that I am in Full Time employment? I certainly dont want to put down that I only have a salary paying £435 per month.


You are employed.

Eric Mc

125,763 posts

295 months

Thursday 17th May 2007
quotequote all
It is not a huge flaw.

Over the years, there have been many, many incidences of limited company owner/managers (i.e. shareholder/directors) having to declare income for borrowing purposes. Most financial institutions are well aware of the paractice of mixing dividends and salaries and are not concerned about it as long as the situation is properly explained to them.

The flaw is in the standard questionnaire forms which are not subtle enough to take salary/dividend combinations into account.

As I said earlier, an additional explanatory note on the questionnaire - or a chat to the person dealing with your application - should sort things out.

kryten22uk

Original Poster:

2,350 posts

261 months

Thursday 17th May 2007
quotequote all
Cheers all

PAOLOH

8,617 posts

234 months

Friday 18th May 2007
quotequote all
kryten22uk said:
But then when answering the "what is your salary" question, do I put £5220 or can I put what I actually earn?

Put down your earnings as you want but you are definitely employed but if the Ltd company only has one shareholder you are not protected by Ltd status

Eric Mc

125,763 posts

295 months

Friday 18th May 2007
quotequote all
Says who?

ALL limited companies carry limited liability protection. There is no differentiation between single shareholder companies and multiple shareolder companies.

Obviously, if individual shareholders or directors have signed personal guarantees or taken out legal charges on personal property to underwrite company borrowings or commitments, THEN they will have eroded their limited liability status to a certain extent.

justinp1

13,363 posts

260 months

Friday 18th May 2007
quotequote all
Eric Mc said:
It is not a huge flaw.

Over the years, there have been many, many incidences of limited company owner/managers (i.e. shareholder/directors) having to declare income for borrowing purposes. Most financial institutions are well aware of the paractice of mixing dividends and salaries and are not concerned about it as long as the situation is properly explained to them.

The flaw is in the standard questionnaire forms which are not subtle enough to take salary/dividend combinations into account.

As I said earlier, an additional explanatory note on the questionnaire - or a chat to the person dealing with your application - should sort things out.


Agreed.

Although I must say the lenders I have spoken to really do not know the difference. When you explain you are a director of a Ltd co, they say "Oh right, self employed then?", thus the same conversation as this thread ensues.

Also strangely enough they has a rule where for their purposes if you were more than a 30% shareholder they would class you as self employed anyway - and in that situation not applicable for the finance!

So, ironically if I signed ownership of my company away (albeit temporarily) thus leaving myself in a far worse financial position, in their eyes i would be a better lending risk!?

plasticpig

12,932 posts

255 months

Friday 18th May 2007
quotequote all
justinp1 said:
Eric Mc said:
It is not a huge flaw.

Over the years, there have been many, many incidences of limited company owner/managers (i.e. shareholder/directors) having to declare income for borrowing purposes. Most financial institutions are well aware of the paractice of mixing dividends and salaries and are not concerned about it as long as the situation is properly explained to them.

The flaw is in the standard questionnaire forms which are not subtle enough to take salary/dividend combinations into account.

As I said earlier, an additional explanatory note on the questionnaire - or a chat to the person dealing with your application - should sort things out.


Agreed.

Although I must say the lenders I have spoken to really do not know the difference. When you explain you are a director of a Ltd co, they say "Oh right, self employed then?", thus the same conversation as this thread ensues.

Also strangely enough they has a rule where for their purposes if you were more than a 30% shareholder they would class you as self employed anyway - and in that situation not applicable for the finance!

So, ironically if I signed ownership of my company away (albeit temporarily) thus leaving myself in a far worse financial position, in their eyes i would be a better lending risk!?


It can really get quite amusing sometimes. I have responded to a request for confirmation of salary for myself. No one seemed to notice the slight discrepsncy that the name of the person doing the confirmation was the same as the person that the request was for.

Eric Mc

125,763 posts

295 months

Friday 18th May 2007
quotequote all
It's indicative of the triumph of "compliance culture" over a culture of common sense.

They asked the correct question.

The employer supplied the expected answer.

Therefore no warning bells triggered. The obvious fact that the employer and the employee were virtually one and the same person was not picked up because no one was primed to pick it up.


Edited by Eric Mc on Friday 18th May 12:46

Leftie

11,838 posts

265 months

Saturday 19th May 2007
quotequote all
Eric Mc said:
You are definitely NOT Self Employed.

You have a salary as a Director of your own Limited Company.

In the questionnaire you need to demonstrate your full income level from the company, which would be a combination of your GROSS salary and your GROSS dividends.

From ny experience, many of these standard questionnaires do not take into account people in your position and you may need to provide some additional notes explaining the situation.



I had this when I applied for a mortgage. My accountant actually worked out the equivilant wage that s 'normal' employee would have to earn to take home what I do with my £5k and dividends and dropped a line to my mortgage lender. I would be inclined to quote that figure rather than the £5k. If they ask for 'proof' they can see a set of accounts I guess?

justinp1

13,363 posts

260 months

Sunday 20th May 2007
quotequote all
Eric Mc said:
It's indicative of the triumph of "compliance culture" over a culture of common sense.

They asked the correct question.

The employer supplied the expected answer.

Therefore no warning bells triggered. The obvious fact that the employer and the employee were virtually one and the same person was not picked up because no one was primed to pick it up.


Edited by Eric Mc on Friday 18th May 12:46


Agreed.

It got funnier when they asked me for payslips for proof instead of my account statements which of course I offered as a true viewpoint of my earnings, this was rejected.

They have no understanding that is you are a director and thus are not paid through PAYE...

...but if you can print of some payslips they can tick their box and verify everything!

david_s

7,960 posts

274 months

Sunday 20th May 2007
quotequote all
I pay myself a single, variable monthly amount to cover my salary, dividend, mileage and out of pocket expenses. Invariably a significant sum, especially when I have used my personal credit card for work related expenses. If a lender wants to see payslips I could print myself some showing the full amount received paid as salary.

Eric Mc

125,763 posts

295 months

Monday 21st May 2007
quotequote all
Technically that would be fraud - as it is not "Salary". To represent your income as such would be incorrect.

However, as I said earlier, there should be no need to go to such lengths. Lenders should be well aware by now of the nature of owner/managed limited companies and how the individuals involved remunerate themselves.

kryten22uk

Original Poster:

2,350 posts

261 months

Monday 21st May 2007
quotequote all
Luckily when I got my last mortgage (8mths ago), my credit score was such that they didnt want any form of proof from the broker. They just accepted whatever I said my total income was. Usually with larger more formal borrowings its ok, but its the smaller lamer things that cause a problem. For instance a recent car finance enquiry required that I was in full time employment AND paying national insurance contributions. Never seen the latter requirement before, but on a standard proposal form I guess I would fail before I even had change to offer dividend details.


Edited by kryten22uk on Monday 21st May 20:55