Ben Donohue wrote:

Hi Simon,

Ive been both a contractor and also permanent staff on and off for many years...

There is a good reason to get a PTY Limited company in that is says LIMITED. In short it means that if you do something WRONG they can only sue the COMPANY for every cent it has.
Leaving YOU with your house and car and other possessions intact.

Being sued is a risk but it depends on what you're doing. If you're just writing web scripts for a tiny company or something, there's not much they can sue you for. It gets interesting when you put yourself in a position where you could potentially destroy valuable data, bring down income-generating live systems etc. Also, simply by earning plenty of money you place yourself at rick of being sued, because you have money. Remember that lawsuits generally happen because the person suing wants to scam money out of the person being sued, rather than because a wrong needs to be righted.

You can take out insurance (professional indemnity and public liability are the common ones, AIUI) and this will protect you from most things. If you work under a limited company then you are personally protected from MOST things you would otherwise not be protected from as an unlimited (sole trader/partnership etc) company, but you might want to take out insurance under your company name anyway to protect *it*.

Talk to an insurance broker, they can give you the details if you're interested. The figures vary, but for example I asked for a quote on PI and PL for what is essentially selling my own time as a developer/sysadmin and it came to roughly $200/month. I have a number for at least one insurance broker, let me know if you want it.

Um, so yeah, sometimes setting up a Pty Ltd can be simpler :)

But there are other advantages. For example you can set up a bank account under the company's name. Can't do that under a sole trader. I'm sure there are other little things that I don't know about too.

Also the 80/20 rule don't worry about it.
The tax office only gets upset when you try to defraud it of tax.
If you pay your correct amount of tax then the tax office does not care at all about how many contracts you have. I had one and only one contract with a government dept for 8 years and no problem. I paid the correct amount of tax. It may well happen that you get a good client for a year or so. What is the tax dept. going to do? Say get a job elsewhere? No. Pay the right tax and you won't hear a word.

Are you trying to claim rent or electricity, for example? The 80/20 rule just means there are certain things you can't claim and other benefits you don't get. And there are other rules which give you the same benefits anyway. I'm sure there is a way to start a Pty Ltd company and work without payment for 12 months or more. Many companies start without making money as soon as they start :)

But, IANAL and IANAA, yadda yadda yadda :)

Mick.

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