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Wed 1 Aug 2018 4:01PM

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MSC Mark Simmonds (Co-op Culture) Public Seen by 45

Thread to post questions and requests for support. Access the collective wisdom of the Platform 6 community.

BG

Bronagh Gallagher Wed 5 Dec 2018 5:23PM

ahh, Jonny. Thanks so much for flagging this but I'm already at an event that day...drat. Bad timing! Will something similar be run in the future?

MSC

Mark Simmonds (Co-op Culture) Thu 6 Dec 2018 11:42AM

You sound like a classic co-operative consortium (the same as my co-op - Co-op Culture) There are several incorporated UK legal forms suitable for a consortium (Limited Liability Partnership, Company and Co-operative Society) It is possible to obtain mutual trading status, where the co-op pays no corporation tax as the members pay their own tax on their earnings. The co-op is "tax-transparent". Indeed HM Revenue and Customs have asked Co-op Culture not to submit a corporation tax return.

However exactly what the implications for transnational intra-co-op trade are I'm not sure. In theory we could have international members who deal with their own tax affairs and our co-op's UK tax affairs are unaffected.

There are several international tech co-ops, so they have doubtless dealt with this issue. Might be worth a question on the Co-Tech discourse forum. https://community.coops.tech/

More info. on UK legal forms here: https://www.uk.coop/resources/simply-legal

BG

Bronagh Gallagher Thu 6 Dec 2018 1:59PM

Amazing, Mark. Thanks. Yes, company limited by guarantee seems most promising at the moment. We were moving away from LLP as the tax on freelancers in Spain is massively disporportionate. However, I'm noting that you say 'it may be obtained' so the option to be taxed as company in UK remains open. Lots to pursue here. Thanks so much for getting back.

N

Norman Thu 6 Dec 2018 1:32PM

Bronagh a chara,
This sounds interesting. There is a European co-operative society model available which may be suitable (indeed it may be specifically designed for situations like yours.) The Rules would need to provide for your status as a citizen of a non-EU country... The rest would depend on a definition of employment/qualification as member.
If you would like to contact me at [email protected] we can clarify your needs and I can look up the implications of registration in various countries, including the UK.
Is mise le meas,
Norman Rides

BG

Bronagh Gallagher Thu 6 Dec 2018 2:00PM

Thanks so much, Norman. This is really helpful. I'll drop you a mail.

MSC

Mark Simmonds (Co-op Culture) Thu 6 Dec 2018 3:26PM

Bear in mind that the European Co-operative Society (SCE) needs 30,000 Euros in member share capital.. @norman6 (or anyone else) on a separate matter, do you have any experience of Irish Industrial and Provident Societies and whether than can transfer engagements to a UK Society or a SCE?

N

Norman Tue 11 Dec 2018 5:03PM

Irish IPS Law is UK IPS Law as it was pre-independence (and has not actually moved as fast as UK IPS Law, e.g. no BenSoc in Ireland.) I see no reason why they can't transfer engagements as it wasn't prohibited on independence. If in doubt companies would be taken as a comparator unless there were good reasons not to.

BG

Bronagh Gallagher Thu 6 Dec 2018 3:30PM

Yeah, I'd had a quick look at the 30k needed for SCE. Probably a little tricky.

N

Norman Tue 11 Dec 2018 3:57PM

The €30,000 is a minimum subscription, which only needs to be 25% paid up on incorporation, the rest can be saved over 5 years. Also it can be adjusted as members come and go so with ten members it would be €3,000 per member of which new members only need to pay €750. It reflects that the vehicle was intended to be used at scale, but not insuperable.

BG

Bronagh Gallagher Thu 6 Dec 2018 3:31PM

I'm also wondering if there are any thoughts on Brexit and how people anticipating it might (or might not) affect things?

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