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Choices
A simple, no-nonsense guide to sel-employment
Not just your everyday accountant |
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I you are thinking about working or yoursel, there are
some key choices you need to make about how you run
your business. Some will be easier to make than others.
But once you understand more about the options and what
they mean or your business, it will be much easier or you
to ensure the decisions you make are the right ones or
you. That is what this guide is all about giving you the
inormation you need to make the right choices or your
particular circumstances and your preerred way o working.
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Heres the content
Why work or yoursel? pg 2
Some common questions to consider pg 3
Dealing with the basics pg 4
Dierent ways o working pg 6
Operating as a limited company pg 7
Working as a sole trader pg 11
Complying with IR35 pg 14
Joining an umbrella company pg 16
Working through an agency payroll pg 17
Choosing the best option or you pg 18
Comparing the nancial benets pg 19
More inormation about Brookson pg 20
Its good to talk pg 21
Making the right choices
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Why work or yoursel?
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From making a positive career change to putting a redundancy pay-out to good use, there isa huge range o reasons or choosing sel-employment. In act, it is an increasingly popular
career option, with around 1 in 7 workers in the UK currently working or themselves.
More reedom and fexibility
One o the main attractions is the reedom and exibility it oers. You decide the hours
you want to work, where you work, where you go, who you do business with everything
about your business is down to you. You have total control o your working lie.
Greater potential rewards
Because it is your business, you are the one that benefts when things go well not your
boss or anonymous shareholders. The more successul the business, the greater the
potential rewards or you.
Tax riendly
There are some great tax advantages, too. Not the kind you fnd on oshore Caribbean
islands, just more efcient ways to manage your tax aairs in line with HMRC regulations.
More responsibility
Along with more reedom and more potential rewards, comes more responsibility. It is your
company, so the buck stops with you. As well as actually doing your day-to-day job, you need
to manage your fnances, make sure you comply with the relevant legislation and guidelines,
and keep on top o your tax liabilities. It can be a chore. It is time-consuming, but it is
essential.
So, are you ready or sel-employment?
This guide will help you decide. Remember, i you have any questions that arent covered
in this guide, or just want to talk things through with an expert, we have a team o sel-
employment specialists here six days a week, ready to answer any queries you have.
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There are over 1.4 million contractors, reelancers and sel-employed proessionals in theUK. At some point, they were all acing the same choices you are acing, and all had to
make the same decisions you are making, so you are not alone.
We speak to all sorts o sel-employed proessionals rom a wide range o industries and
are aware o their concerns when starting out and the key issues or them.
One thing they all have in common is that they have deliberately chosen a way o working
that best suits their specifc circumstances and their particular preerences. Many like
the added credibility and tax advantages o running a limited company. Some opt or
the simplicity o being a sole trader. Others preer the reassurance o joining an umbrellacompany or working through an agency.
In act, choosing how you operate is one o the most important decisions you will make
when becoming sel-employed. As well as being a big decision in its own right, it will also
have an impact on many other areas o your business, such as tax and compliance.
That is why we are here. Our aim is to provide you with objective, transparent
inormation on the dierent options available to you, to ensure that when you make
these important decisions, they are the right ones or you and or your business.
Some common questions to consider
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The path to sel-employment is like a journey. Like any journey, you need to make sureyou are adequately prepared beore you start out. So beore you make any decisions about
becoming sel-employed and the way you want to work, think about the practicalities o
working or yoursel and the skills you might need to ensure your journey is a successul one.
Some o the undamental questions to ask yoursel include:
Are you really in a suitable position to make sel-employment work?
Do you have contacts in the industry to approach or work?
Will you secure your own contracts or nd them through an agency?
Do you have sucient nancial security to see you through the peaks and troughs
in your cash fow as you work to establish your business?
Do you have the sel-discipline to actually sit at your desk every day and run your
business, without getting distracted by social or amily matters?
Whichever way o working you choose; when you work or yoursel you are the secretary
as well as the boss; the fnance director as well as the sales manager. You need to be
committed and motivated to work every day. Are you ready or it?
Do you have what it takes to run a business?
Have you thought about the practicalities o actually running your own business?
How are you going to market it?
Who are your customers and how will they nd you?
Is your business seasonal i so, what happens when things go quiet?
You may have one or two initial contacts or commissions, but what happens ater that?
It is undoubtedly an exciting time and addressing these issues should all be part o the
overall process, but make sure you do take the time to address them. You are starting a
new career. Creating something new. You may not get a second chance to make it work, so
be realistic, think creatively and enjoy it.
Can you handle the administration?
Working or yoursel is not like working or a big company, with whole teams dedicated to
policies and paperwork. As well as doing your own job, you are ultimately responsible or all
the back-ofce administration, too. Do you have the organisational skills to cope?
It does not necessarily mean you have to do absolutely everything yoursel, but i not, you
need to be organised enough to fnd someone else to do it.
Dealing with the basics
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Get help where you need itFinally, be prepared to bring in help where you need it. No-one can be a master o everything.
Regardless o how you decide to operate your business, there are resources to help you,
specialist advice you can call on or just extra hands when you need them. Look or ways
to ree up your time so you can ocus on those parts o the business you are best at, while
someone else looks ater the rest.
Finding a good accountancy partner can be a crucial piece o the puzzle. When you are
making critical business decisions, you need to base them on the most accurate, up-to-date
inormation available, so ensuring your accounts are in perect order, easily accessible andregularly updated, can make all the dierence.
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No matter what industry you work in or the type o work you are
planning to do, your broad options are the same when it comes to
deciding how to run your business:
Operating as a limited company.
Working as a sole trader.
Joining an umbrella company.
Working through an agency payroll.
Over the ollowing chapters o this guide, you will learn more
about each dierent option what it means, how it works, the
benets, and any drawbacks. The right one or you will depend
on your circumstances. Some options might be more common
in certain industries than others, so you might want to ollow a
similar route. It is up to you.
Our aim is not to push you in a particular direction or advise youon a specic course o action, but to give you the inormation you
need to make an inormed choice.
Dierent ways o working
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Working as a limited company is an increasingly popular option or many sel-employedproessionals. While this option carries the most responsibility, it is also potentially the
most tax efcient way o working, meaning you get to keep more o what you earn.
The frst step is to set up your own limited company. You need to register it at Companies
House and you will have to fle company accounts and Corporation Tax calculations every
year with the HMRC. Depending on your turnover, you may also have to fle VAT returns.
More than likely, you will be the director o your company. You will thereore be
responsible or the day-to-day running o the business and or ensuring the company
meets its fnancial and legal obligations, such as paying its tax on time.
What are the requirements?
Setting up, owning and operating a limited company is a major commitment. Once you
decide to go or this option, you will be responsible or every step o the process and
or ensuring they are all managed and completed correctly. There are strict legislative
deadlines - and harsh penalties i you miss them.
Incorporation
This is the frst stage o the process o establishing your own company. It is covered in
detail in our Guide to Setting up a Limited Company, but registration itsel is a relatively
simple process.
Directors responsibilities
According to the Companies Act 2006, all private limited companies must have at least one
director. Typically, you will perorm this role yoursel. It is the directors legal responsibility to
ensure that the company meets it obligations and that it complies with the relevant legislation.
Administration and compliance
Ensuring the company meets its obligations and operates compliantly creates a degree oadministration. You will be responsible or fling company accounts, or arranging payment
o Corporation Tax, National Insurance and PAYE obligations. I your turnover exceeds the
VAT threshold (currently 73,000, but it can change so check with HMRC) you will also need
to register or VAT and fle VAT returns.
Being the director o a company brings considerable responsibility, administration and
bureaucracy. However, working with an accounting partner you can trust, like Brookson, can
help to minimise this side o things. I you are unsure about what it entails or whether it is
right or you, then please eel ree to speak to us.
Operating as a limited company
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Benets o a limited companyThere are a number o benefts o working as a limited company. We have outlined some o
the major ones below. They are also all covered in more detail in our Guide to Setting up a
Limited Company.
Limited liability
In simple terms, i you run a limited company you are legally protected should things go
wrong, so it is less risky or you personally.
Separate entityA limited company is a legal entity in its own right. This means that everything rom the
company bank account, to the ownership o assets relates to the business.
Tax
One o the main benefts o working through a limited company is that you can beneft
rom a more tax efcient way o running your own business.
Perception
I you plan to do business with larger companies, it can help i you are working via alimited company as it presents a more proessional image.
Protection
As well as the limited liability protection mentioned above, once you have successully
registered your company, your company name is protected by law.
Ownership and succession
As (usually) the sole shareholder in your company, you own the business. It is ar easier to
transer ownership, or part ownership, o a limited company, than it is with a less ormalbusiness structure.
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Your responsibilitiesAs a company director, you also have to be prepared to take on certain responsibilities. Again,
these are covered in more detail in our Guide to Setting up a Limited Company.
Directors have to abide by a number o duties as defned within the Companies Act 2006. The
seven general duties can be summarised as:
Duty to act within your powers as a company director.
Duty to promote the success o your company.
Duty to exercise independent judgement.
Duty to exercise reasonable care, skill and diligence.
Duty to avoid conficts o interest.
Duty not to accept benets rom third parties.
Duty to declare interest in proposed transaction or arrangement with the company.
As a director, it is your responsibility to manage the company in accordance with its Articles
o Association, which you will confrm when you establish the company, and company law.
These include a number o specifc fnancial and legal responsibilities.
Financial responsibilities
Company Accounts
All limited companies have to maintain accurate accounts. As a director o your company,
it is your responsibility to ensure these accounts are completed and maintained to the
required standards.
Changes to the accounting reference date:The accounting reerence date is the date to which the company accounts are prepared on
an annual basis. I this needs to change or any reason, it is the directors responsibility to
inorm Companies House o the new date.
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Corporation Tax Returns:A Corporation Tax return must be fled with the HMRC and any tax liabilities that are due
must be paid by the imposed deadlines.
Legal responsibilities
Annual Return
The annual return must also be sent to Companies House each year, generally on the
anniversary o the company date o registration.
Change of registered ofceI your company moves, or you need to change the registered ofce or any reason,
Companies House needs to be inormed so the records can be kept up-to-date.
Change of directors
You are also responsible or updating Companies House i there are changes to the
company directors, shareholders or company secretary.
There are a lot o things to consider when choosing your business structure. The best
option or you comes down to your own individual circumstances and your plans andobjectives or the uture. Either way, you should always seek proessional advice beore
starting up in business.
Best option or you?
Setting up a limited company might be the right option or you i:
You are committed to working or yoursel, long-term.
You are comortable with the extra responsibility (or you work with someone who is).
You want to optimise your earnings.
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This is oten seen as a simpler way to start up in business, as there is less administration andew, i any, set up costs. All you have to do is register as sel-employed with HMRC and fle
a sel-assessment tax return each year. However, its a riskier option. You will be personally
responsible or any company debt, so your personal assets may be at risk. It is also less tax
efcient, so the chances are you will pay more tax.
Working as a sole trader is still a major commitment. The ultimate responsibility still sits
with you to manage your business efciently. There are tax advantages over working through
PAYE, but these are currently not as great as those available through a limited company.
However, working as a sole trader does have a number o advantages.
Total control
As a sole trader you are your business, and you are in ull control. You are responsible or
all decisions without having to consult other directors or shareholders, so you can develop
the business exactly how you choose.
No set up costs
There is no need to register your business at Companies House, so the paperwork is very
simple. Simply inorm HMRC that you are sel-employed.
Privacy
Unlike a limited company, where all inormation concerning the business, including
directors details and annual accounts are made public, inormation about sole traders is
kept totally private.
Capital allowances
I you need to purchase equipment or your business, or example vehicles, tools, IT
equipment or business urniture, you may be able to claim tax relie on these purchases in
the orm o capital allowances.
Flexibility
As you are the sole decision maker, it is much simpler to adapt your business to the
changing demands within the market you serve. You can change prices and vary services,
making decisions quickly and acting on them switly, keeping you agile and competitive.
Simple accounting
Although you must maintain detailed records o invoices, expenses and accounts and fle
an annual tax return, the actual accounting process is much simpler or a sole trader than
or a limited company.
Working as a sole trader
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Prot retentionAs a sole trader, you personally retain all the profts o the business.
So, while setting up a limited company may ultimately more tax efcient, working as a
sole trader is much simpler, requires a lot less administration, and costs less to run.
Your responsibilities
As a sole trader, you still have to be prepared to take on certain responsibilities. These are
covered in more depth in our Guide to Setting up as a Sole Trader.
Once you register as sel-employed and become a sole trader, it is up to you to manage all aspectso your business, rom paying your tax through to meeting health and saety regulations.
Tax self-assessment
Being sel-employed, you are responsible or completing and fling your sel-assessment
tax return. This is a personal tax return which declares your income, expenditure and
business proft or the previous tax year, and orms the basis o your tax and National
Insurance liability.
Paying your tax billOnce you have submitted your sel-assessment return showing your profts or the previoustax year, you are required to pay your tax bill or the year. This usually takes the orm o
two payments, reerred to as payments on account. The frst payment must be made by
31st January ollowing the end o the tax year, and the second payment must be made by
the 31st July.
National Insurance Contributions (NICs)
Sole traders also have to pay two kinds o NICs.
Class 2 National Insurance is payable at a fat rate o 2.50 per week and is
collected twice a year via direct debit on 31st January and 31st July.
Class 4 National Insurance is calculated as a percentage o business prot each
year and is dealt with separately through the sel-assessment tax return and
payable at the same time as your Personal Tax bill.
Record keeping
Keeping accurate business records is vital or completing your tax return or answering any
questions HMRC might have.
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Basic records you must keep include:
A record o all your sales and income (eg invoices and bank statements).
A record o all your purchases and expenses (eg receipts and bank statements).
Other records you may want to keep include:
Invoices you have issued and receipts you have received.
Details o hire purchase and leasing agreements.
Bank and building society statements.
Details o any money taken out o the business.
Details o any private money brought into the business.
You should keep business records or at least seven years.
Legislation
As a business owner, you are also obliged to keep ully up-to-date with any legislation that
may have a direct impact on the operation o your business.
VAT
I your turnover exceeds the VAT threshold (currently 73,000, but check with HMRC) you
will also need to register or VAT and fle VAT returns.
Proessional Advice
I you are considering running your own business as a sole trader, it is best to seek advice.
Talk to other sole traders and sel-employed proessionals; speak to accountants and
solicitors to get their proessional perspective on your ideas.
The key thing to remember is that although you are ultimately the person responsible or yourbusiness, you do not have to do it all alone. Using a proessional service or help with the fnancial
or administrative side o the business will ree you up to spend more time developing it.
Best option or you?
Working as a sole trader might be the right option or you i:
You want to minimise your administrative burden.
You want to set up easily, with minimum cost.
You are unsure about committing to setting up a limited company.
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You may well have heard o IR35, but what is it and what does it mean or your business?
In simple terms, IR35 is about disguised employment. It aims to stop people taking
advantage o the tax system by claiming to be sel-employed when, or all intents and
purposes, they are perorming the same job as an ordinary employee.
In other words, i you are providing your services to a client on a sel-employed basis, you
need to be able to prove that you really are sel-employed. I you are unable to do this, it
could be deemed that you are working as a disguised employee. I this happens, you run the
risk o being taxed as an employee, which is less benefcial than i you were taxed as being
sel-employed. The IR35 legislation targets sel-employed proessionals working throughlimited companies, but the principals also apply to sole traders.
The legislation is hugely detailed. However, several court cases and judges decisions
illuminate a ew basic points. I you can answer yes to most o the questions below, it is
unlikely you would all oul o IR35.
Do you have the reedom to do the work as you would like it to be done?
Are you able to turn down work rom a client, or example i you have another projecton at the same time?
Can you ask someone else to do the work on your behal?
Do you work or several dierent clients?
Do you provide your own equipment?
Do you have a nancial risk in the project (i.e. do you correct errors in your owntime, or give adjustments or reunds or poor service).
Do you regularly promote your business via advertising, networking or other
marketing?
Do you have a separate business telephone / website / insurance / oce space?
Do you invest in training?
Do you maintain detailed accounts?
Are you VAT registered?
Complying with IR35
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So what happens i you are caught by IR35?I you are caught by IR35, then all ees or that contract are deemed salary and the
employee rates o tax and National Insurance will need to be deducted. In addition, any
expenses that you claim as tax deductible will be reduced, as the legislation puts you in a
position very similar to that o an employee.
I you are worried about your IR35 status, or about how IR35 could impact your plans to go
sel-employed, it is best to seek advice and have your contract and working arrangements
reviewed by an expert. At Brookson, we oer unlimited IR35 reviews or all our limited
company customers.
What are my other options?
I you decide that neither working as a sole trader or setting up a limited company are right
or you at this time, the remaining options are joining an umbrella company or, particularly
or contractors, working on a PAYE basis with your employment agency.
Both options are similar in that you are not responsible or running a business. In addition,
tax issues relating to your employment status do not apply because your earnings are taxed
under PAYE.
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Joining an umbrella company
I you choose to work through an umbrella company, you become an employee o thatcompany. It then contracts out your services to the end client or agency. The umbrella
company pays you directly ater making the necessary deductions or tax and National
Insurance contributions on a Pay As You Earn (PAYE) basis.
You remain an employee o the umbrella company regardless o whether you move to a
new assignment or start a project with a new end client or agency. The choice o umbrella
company employer is entirely up to you and you can build up a long-term relationship
independent o the client or the agency you are working or.
In terms o administration, there is none. As an employee, it is all taken care o or you. Theumbrella company will, however, retain a margin rom the revenue it receives or providing
your services. This is why, i you are working via an agency, they may oer you a higher rate
o pay i you wish to become an employee o an umbrella company than i you were to be
paid via the agency payroll.
Tax relie on expenses
There is the opportunity to claim tax relie on certain expenses incurred in doing your job,
but the tax advantages are not as broad or varied as or limited companies or sole traders.
A major eature o umbrella employment is the potential to claim tax relie on travel andsubsistence expenses while working at a temporary workplace. There are, however, a number
o HMRC tests to pass beore you can beneft rom this tax relie.
This beneft is only available to umbrella company employees who are committed to
working on more than one assignment during their time as an employee o the umbrella
company. Thereore, i you only undertake one assignment as an employee o the umbrella
company and then return to ull time employment, your travel costs will not be tax
deductible.
I at any point during your assignment you expect to be working at the same end clientsite or more than 24 months, then you can no longer claim tax relie on your travel and
subsistence expenses.
Best option or you?
Joining an umbrella company might be the right option or you i:
You are unsure whether going sel-employed is right at this time.
You want a simple, ecient and reliable way o getting paid without any
administrative burden.
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You may be able to work as an employee o your agency and thereore be taxed as an agencyemployee. This is more common in certain types o work, such as contracting, than others.
Working through an agency payroll is similar to working as an employee o an umbrella
company. There is no administration to deal with and you will be paid ater deduction o all
relevant taxes. However, you are unlikely to be able to claim tax relie on expenses which you
incur while doing your job.
Working through an
agency payroll
Best option or you?
Working through an agency payroll might be right or you i:
You are looking more or occasional temporary work.
You will not be claiming tax relie on any expenses.
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Choosing the best option or you
When deciding which way to run your business, it is important to
remember that there is no right or wrong answer. Each o the our
ways o working explained in this guide have their own benets
and their own drawbacks. It is a question o deciding which
option suits your particular circumstances best.
Some o the key points you need to consider are:
The nature o the business you are thinking o running.
The norms o the industry you will be working in.
The level o administrative support you will have, i any.
Your expected turnover and prot.
Your growth plans.
The level o risk you are comortable with.
How important customer perceptions are.
Any plans you have or the uture, such as pensions and
retirement.
Take time to think about these considerations. Chat them
through with amily and riends, or other people you know who
already run their own businesses.
Talk to us as well. We have been doing this or over 15 years,
so we can provide all the inormation you need to make your
decision. But only you can make the decision itsel.
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As you have seen, there is a lot to think about when deciding how to run your business. Oneo the most important actors, o course, is the fnancial implications how will your chosen
operating model aect your fnances?
We have drawn up an example below which shows you in real terms the impact the dierent
ways o working would have on your take-home pay, across range o incomes.
Assumptions
We have assumed that 5,000 o expenses can be claimed across the limited company, sole
trader and umbrella company options. I you do not intend to claim or expenses, then theAgency PAYE model may be a better fnancial option than the umbrella company, because
an agency does not deduct its margin rom your income.
The limited company and sole trader businesses have joined HMRCs Flat Rate VAT Scheme.
This is a special, simpler VAT scheme specifcally or small businesses.
Finding an accountancy partner to help you
Remember, you are not alone. You do not need to do everything all by yoursel. Whichever route
you take, you should be ree to grow it and develop your business in line with your plans.
Working closely with an accountancy partner, like Brookson that you can trust, will give
you the reedom to ocus on your business, and the peace o mind o knowing that your
administration and fnances are compliant, up-to-date and in order.
Comparing the fnancial benefts
40,000 33,649 (84%) 31,482 (79%) 27,857 (70%) 26,779 (67%)
50,000 41, 864 (84%) 38,573 (77%) 33,974 (68%) 32, 789 (66%)
60,000 48, 264 (80%) 44,708 (70%) 39,533 (66%) 38,153 (64%)
70,000 54,425 (78%) 50,843 (73%) 44,763 (64%) 43,516 (62%)
Take-home pay ()
Overallincome ()
Limitedcompany Sole trader Umbrella Agency PAYE
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Here at Brookson, we are not your everyday accountants. We have re-invented accountancy.
Whether you are a contractor, reelancer or sel-employed proessional, we believe that you
should always know how your business is perorming.
We have a 40-strong team o experts who specialise in helping sel-employed proessionals to
run their businesses. Specialists who work closely with you every step o the way, to help you
work more efciently and to make more o your earnings potential.
We have a great range o services, too. So i you choose to work as a limited company, as a
sole trader or through an umbrella company, we have the knowledge and expertise to help.
Get Connected
I you are thinking o setting up a limited company, take a look at , our unique
accounting technology.
With , we reconcile your accounts or you on a daily basis, so you dont have to. It
connects everything invoices, bank statements, expenses, VAT, personal tax returns all
in one place. It means you can see clearly how much cash you have in the bank, and the
one number you can saely withdraw, 24/7 vital i you have a big bill to settle or a one-o
purchase to make.
You can delve as deeply as you like into your business fgures simply by clicking on an
entry. Or i you preer a simple overview, you can view all the key data you need on the
single Dashboard screen. Either way, your details are updated daily, so you know you are
working with the very latest inormation.
Thats not all
We reconcile your accounts or you on a daily basis so you dont have to. With the closest
thing to real time accounting, in simple terms you know where you are. How much you owe
the taxman, what you are due and what you can spend, every day.
And i you still want more
Connect comes with a range o antastic time-saving eatures. The Snap and Run App
enables you to submit receipts on the go. There is a Planner App to keep track o key dates,
an IR35 App to keep track o your IR35 status. We keep all o your key documents in the
Storage App and there is a Knowledge Centre App packed with valuable inormation about
running your business.
is not only unique in the market. It is the uture o small business accounting.
Read our brochure or more inormation on how can help you take yourbusiness fnances to another level.
More inormation about Brookson
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I you have any questions about any o the issues covered in this brochure, or i you wouldjust like to talk to someone about your options, simply call us on 0800 230 0213 and one o
our small business specialists will be only too glad to help.
Alternatively, you can chat to us online at www.brookson.co.uk. We are here six days a week
and we would love to hear rom you.
Take our FREE Financial health check
We oer a ree fnancial health check to all new customers, totally ree o charge. We will ask
you a ew questions about your business, and then we will run through all your options. You
will even receive a brie fnancial breakdown, showing your take home pay ater all deductions
or each option. Theres no stress, no uss and no pressure to decide until you are ready.
Let Brookson bring you up to date
Limited company, sole trader, umbrella company, agency - whichever option you choose,
we have the products, services and people to help. We will work closely with you to bring
your fnances completely up to date, making sure you know precisely how your business is
perorming, 24/7.
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Let us help you understand your options:
0800 230 0213