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Many thanks.
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Re IP, perhaps I have used the term "IP" improperly. Sorry if so.
To clarify, my LTD will not provide any service. It only has the same name of my method.
Therefore, I suppose it can stay dormant.
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In other words, I am trying to understand whether the fact that the name of the LTD is the same as the service it provides would create confusion if and when my overseas company/sole trader position provides that same service:
a. in a non-UK country
b. in the UK.
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Many thanks for taking the time to go through this complex topic.
Re IP, my educational method is not patentable and it is not trademarked yet. I am the inventor of this method. My LTD is just using the same name to prevent others to create one with my method's name. The method has been out there since 2011 and I have used it overseas since then, while my LTD was only incorporated in 2021. Also,
- As a self-employed, in the UK I have earned only a few tens of pounds every year from it
- I have not licensed anybody yet to use it (neither in the UK nor overseas).
Would that still cause my LTD to lose its dormant status? What if I trademark the method in the UK? What if I trademark it in countries other than the UK?
Please, if any of those aspects go beyond HMRC's competence, please, let me know who I should ask. Accountants seems not to be prepared regarding this matter, nor IP experts should (as this regards IP+tax matters)...
Re donations, would my LTD still lose its dormant status if donations go to support the use of my IP in another country? I am talking about the fact I might open an overseas company which I can use to provides my service (my method) and I might open a bank account for my overseas business soon to take donations or being paid when I provide my service.
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I don't know whether part of this question is for an accountant instead. Apologise if so.
I have an LTD and I am the only PSC and shareholder.
I'll move overseas soon (probably on a permanent basis). Will the taxes my LTD must pay to the HMRC be higher if I use the LTD to provide services to the UK with me as a non-UK resident opposed to as UK-resident? (Perhaps it might be helpful for you knowing that I have Settled Status in the UK as a EU citizen).
What if I use my LTD to provide my services in Italy, will it pay more taxes to the UK?
Even if I am the Director and Secretary, once I'll be living in Italy, can my LTD hire me as non-resident foreign staff? And if so, should it hire me either as a full-time employee, contractor or freelancer, considering the occasionality of my work? I would need a list of pros and cons for each if more than just one option is possible.
And I suppose that only the LTD income must be declared to the UK, while my own wage as an employee should be entirely dealt with by the Italian revenue&customs. Am I wrong? Are there any exceptions?
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I live in the UK but soon I will move overseas (perhaps permanently). In the UK, will I lose access to Gateway and this forum if I unregister as self-employed but still have an LTD company?
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I am not sure whether HMRC is the right place to ask this. If not, sorry for the inconvenience and please, let me know whether there is another body I should ask to. Thanks.) I have read that if I am operating through a limited company but am not a UK tax resident then the IR35 rules will not apply. Is that true? What does it mean in practical terms? (I know what IR35 is, but I would like to see what result would such exemption produce in my case).
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I will move overseas (probably on a permanent basis). When exactly should I tell HMRC that I want to close my self-employed position: before leaving, on the day I leave, or later on once I am in the overseas country? And if the latter, how soon after leaving?
Also, if I open an LTD and keep it dormant (let's call it "XYZ") and I create a website for it, I guess that as soon as I unregister myself as self-employed I will have to change my website footer (currently it is "My name and surname trading as XYZ", not to make my LTD "XYZ" lose its dormant status). Once I move to Italy, I will open a self-employment position or small company (there it is called "p. iva"). However the website will still be accessible from all over the world (including the UK). So, my question is: what should I write in the footer of the English version of the website at this point to avoid confusion? (Notice: I will still keep my LTD although I will live overseas, and it will have to stay dormant, because I need it to protect my IP name).
If I write "My Name and Surname trading as XYZ p.iva" would that make the HMRC think I am still working as self-employed in the UK? And what if I keep the footer as it was (i.e. "My Name and Surname trading as XYZ")?
Finally, once I close my self-employed position at the HMRC, should I erase any trace of it online? I am talking about Google Maps, social media, and other websites (including mine) where I advertise my previous services as a professional working in the UK.
And if I am allowed to keep those profiles, should I change the information to reflect the current circumstances?
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Is there any limitation imposed by the HMRC against having an LTD and any type of overseas business at the same time?
I am thinking of opening a company in Italy. I already have an LTD of the same kind in the UK but it is dormant. I just need the latter to protect my IP, i.e. the name of a service, so that none registers a similar business here.
The names of the two companies will be the same but followed by 'P.IVA' (in Italy) and 'LTD' (in the UK).
Should I provide my services to the UK through the Italian company one day, will that clash somehow with the fact that I have an UK company and that it is dormant? And if so, it is because of they share the same name or because they share the same PSC (myself)? What would the consequences be?
Should I choose another name for one of the two companies?
And if so, can the names still be similar, e.g. XYZ and XYZ coaching?
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There are some complex matters to consider regarding an LTD staying dormant. Sorry if there are many questions. That is to cover all possible scenarios and be sure to always be on the safe side.
I have registered an LTD and will probably use it exclusively to protect my IP, and therefore will stay dormant.
Would any of the following actions cause my dormant LTD to lose its dormant status for the HMRC?
1. Creating online accounts on websites or registering to services using the LTD's name rather than my name+surname (e.g. currently I am registered to the Federation of Small Businesses as self-employed; should I end my self-employment business, I would probably need to use my dormant LTD name instead)
2. My LTD has the same name as a service it provides. With a dormant LTD named XYZ LTD, can I still advertise an educational method named XYZ (or XYZ Coaching) if I put "my name and surname trading as XYZ" in the footer of my website and any income goes into my own bank account that doesn't belong to the LTD? Or, does that cause the LTD to lose dormant status anyway?
And if that doesn't cause the dormant status to be lost, should I put the same text ("my name and surname trading as XYZ") in my own and the LTD's social media profiles? If so, where? BTW, any post would feature a link to that same website.
Also, am I allowed to name my social media pages in one or more of these ways without that causing the LTD to lose its dormant status?
a. XYZ
b. XYZ coaching.
3. Writing a business plan or negotiating contracts.
4. A collaboration with the students of a university. Under this programme the students would work at improving the delivery of my service, i.e. things like creating promotional videos, preparing a marketing plan, improving the tech. All these works will be made for free (and if and when any compensation for materials or external consultation is required, I would pay them through my personal bank account). Also, consider that the LTD name will be registered in the collaboration programme.
5. A lawyer prepares work contracts and makes the business GDPR compliant (to prepare for advertising), and again, I would pay for these services through my own bank account, not that of the company.
6. This last one is rather complex (I hope you will help with this too). "XYZ" is the name of an educational method that I might decide to provide as a free service. In return for my service, anyone who wants to will donate freely and without a set minimum amount of money into my personal bank account. Those who cannot donate will receive the service for free.
I am currently self-employed, but will soon close my position at HMRC.
I will have a site XYZ.com (the words 'XYZ LTD' will not appear on the site, only 'XYZ' which is the name of the teaching method). People visiting the site from the UK or other countries will not see a shop, only 'make a free donation' or 'ask a sponsor to donate for you'. What can I write in the footer? (I certainly won't write "XYZ LTD" and perhaps not even "my name and surname trading as XYZ" because I will no longer be self-employed at that point. Can you confirm for sure that this will not cause my LTD to lose its "dormant" status for HMRC, given also the fact that I will not be opening a current account for it?
But what if one day I decide to provide the service for a fee to other non-UK countries?
If one or more of the above actions cause the LTD to lose its dormant status, would it get either the "trading" or "non-trading" status in each of the above cases? Could you, please, specify which leads to what status?