Freelance eNewsletter - June 2005
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Freelance eNewsletter June 2005
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In this issue
-- THE PRICE OF LIFE
-- ENDORSEMENTS
-- ARCTIC'S SUMMER APPEAL

Welcome to the June 2005 edition of the PMMC Freelance eNewsletter.

Summer has arrived - traditionally a busy period for contractors as business owners and managers try to keep things ticking over while permanent staff are either enjoying summer breaks or just too laid back to keep up with the workload.

During June to August each year, many permanent employees also seem to suddenly find the impetus to cast off the yoke of employment and join the ranks of the freelance professionals. Keep an eye out in July for PMMC's summer promotions designed to make the transition easier and cheaper for newcomers while improving the whole freelance experience for our existing partners.

During these lazy, hazy days of summer, preparing financially for your own retirement may not be foremost in your mind, but as Jan Luthman reminds us in a thought-provoking essay, the UK's deepening pensions crisis means that increasingly, we are living too long to live well.

We conclude with an update in the ongoing saga of the Arctic Systems Section 660 case.

If you find the newsletter informative and useful, please feel free to forward it to friends or colleagues by using the link at the bottom of this message. You are also invited to contribute to future editions: if you would like to air your opinion, pass on pertinent information for freelancers or contractors, place an 'advertorial' or simply comment on the newsletter in general, please contact us.


THE PRICE OF LIFE
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The roots of Britain's so-called "pensions crisis" stretch back to the end of the Second World War, when two great British institutions were established - the NHS and the state pension.

The universal state pension, as originally put forward by Beveridge, envisaged a Superannuation Fund to which employers and employees alike would be compelled to contribute. From it, pensions would then be paid to the retired. But Beveridge was aware that, initially, the fund would be tiny, and could not afford to pay living pensions to all. So instead, he envisaged a "golden staircase"...a period stretching twenty years into the future...during which a gradually swelling fund would be able to disburse increasingly generous pensions.

However, for Ernest Bevin and others in the post-war Cabinet Committee on Reconstruction Priorities, the suggestion that those nearing retirement - who had suffered through the Depression and two world wars - should yet again "lose out" proved an impossible political pill to swallow. Instead, it was decided that a state pension would be paid in full, to all, from the outset.

To achieve this feat of financial self-levitation, the British government resorted to political sleight of hand. The electorate were told that their compulsory contributions were being paid into a Superannuation Fund - but, in reality, the Fund was never established. Instead, the compulsory contributions were siphoned off to pay the pensions of those who had already retired.

This wheeze remained undisclosed and undetected for decades, although fatally flawed. For the vast majority of those who survived to collect their pension, retirement proved an all too brief interlude between graft and grave, and contributors greatly outnumbered pensioners. Indeed, for many years, the imbalance between those making contributions and those drawing pensions proved a nice little earner for the Exchequer.

All might have been well - and indeed might still be well - had it not been for the birth of the state pension's social sibling, the National Health Service.

The NHS, dreamt up at a time when the nation's economy had been, quite literally, flattened...our industrial centres - and many of our hospitals - reduced to rubble...and the people exhausted after six years of war...was a truly heroic concept. Yet it succeeded mightily, perhaps even beyond the hopes and dreams of its founders.

In 1931, life expectancy at birth in Britain was just 58 for men and 62 for women. By 1961, despite the damaging effect on the nation's physical and mental health of six years of war, and even more years of poor diet and inadequate housing, life expectancy had risen to 68 and 74. By 2001, it had risen to around 76 and 81. In the space of seventy years - a single lifetime - the life expectancy of the entire nation had been raised by over 30%.

To be sure, improving standards of living after WWII played a significant role. But to the politicians who had the vision, skills, energy and tenacity to bring the National Health Service into being - and to the medical profession whose dedication has made it what it has become today - all of us owe a profound debt of gratitude...for we have been given the priceless gift of life itself.

Unfortunately, what we seem to have failed to grasp is that, although life may be priceless, it is very far from costless. We have been given almost twenty extra years of life expectancy, but none of us has extended our working lives by even one week. We now expect to live twenty years longer than our grandparents did, but we do not expect to work one day more than they did - our twenty extra years should be ones entirely of leisure.

Well, just who do we think will pay for all that?

Three possible options have been proposed. The first - to save more during our working life - is a non-starter, since we belong to a society that has already demonstrated it is not prepared to voluntarily save more. Indeed, as awareness of the pensions crisis has risen, our national savings rate has actually declined.

The second option - to extend our working lives - would probably be viewed by many as the least unpalatable option. However, without a significant expansion in the jobs market, there would be a real risk that raising the "official" retirement age would result simply in converting means-tested state pension benefits into rather more generous unemployment benefits. Tens of millions of young, industrious and increasingly skilled people are already queuing to join the global employment market, almost all of them prepared to provide their skills and labour at rates of pay far beneath the legal minimum in this country.

The more likely reality in the UK is that, for rather more years than politicians would care to admit, both employees and employers in the private sector will be required to contribute increasing amounts towards their own relatively impecunious old age, while simultaneously paying higher taxes to fund the rather more comfortable retirements of those in the public sector. In short, we may all be about to discover that the price of life is high indeed.

Jan Luthman

Editor's Note: This essay was adapted from The Daily Reckoning.

A graduate in civil engineering, Jan Luthman spent 18 years managing the Middle Eastern and African subsidiaries of various US and UK multi-nationals. He returned to Britain and changed career in 1987. Today, he is Head of Research and AAA-rated Fund Manager at Walker Crips Stockbrokers in London.


ENDORSEMENTS
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ARCTIC'S SUMMER APPEAL
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The landmark Arctic Systems case with its potential ramifications for many freelancers operating their own limited companies has entered the next phase of the legal process, but it is still nowhere near being laid to rest. (Please refer to our May 2005 article for the story so far.)

When he delivered his April 2005 High Court ruling in favour of the Inland Revenue, Mr. Justice Park granted a six weeks extension to give the appellant, Mr. Geoff Jones of Arctic Systems, additional time to consider a further and final appeal.

On 8 June 2005 an appeal was duly lodged in the Court of Appeal, signalling the intention of Arctic Systems and its backers at the Professional Contractors Group (PCG) to continue their challenge to the Inland Revenue's interpretation of Section 660 whereby dividends paid to Mrs. Jones were assessed in the hands of Mr. Jones himself.

The appeal was widely expected in the light of the fundamental conflict of opinion between the two Special Commissioners in the original hearing in September 2004, which clearly illustrated that there was ample room for disagreeing with the Inland Revenue's interpretation. Mr. Justice Park's ruling also left several unanswered questions and ambiguities which pundits hope might be resolved by the appeal hearing.

The outcome of the appeal is eagerly awaited by tax planners, accountants and small business owners alike. Should the appeal fail, Arctic Systems' last recourse would be to the House of Lords.

While Mr. Jones - with the tacit support of most freelancers - is campaigning to reduce his tax liability (and by extension the tax liability of thousands of other business owners in similar circumstances), the best possible outcome for all concerned would be a swift end to the uncertainty. At this stage it should be obvious even to the casual observer - and one would hope to the Inland Revenue - that the wording and interpretation of S660A is less than clear. What is called for perhaps is the drafting of new legislation, leaving us with an unambiguous set of rules for the future as opposed to the vague generalities of the Inland Revenue's new interpretation of the 17 year old settlement regulations.

Irrespective of the eventual outcome of the Arctic Systems appeal, a properly structured umbrella and/or composite services company that operate within Inland Revenue guidelines can alleviate most of the concerns around compliance with IR35, S660 and a whole raft of other regulations.

Johan Steyn

Editor's Note: Johan Steyn has been working as a freelance Enterprise Resource Planning (ERP) & Management Consultant for 10 years and he is the Managing Director of PMMC (UK) Limited.

PMMC (UK) Ltd. - Much more than just an umbrella company...


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    Published: 30/06/2005 (NL00002) ©2004-2006