OT : IR35

Discussion in 'UK Motorcycles' started by Steve, Oct 26, 2009.

  1. Steve

    Steve Guest

    I've been working on this contract for a year on 3 months contracts
    that keep getting renewed.At what point should I worry about becoming
    a disguised employee?
    They want to renew again and i'm wondering if its better to finish the
    contract , take a short break and then start with a new contract?

    Steve
     
    Steve, Oct 26, 2009
    #1
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  2. Steve

    'Hog Guest

    Talk to SJD Accountancy

    www.sjdaccountancy.com
     
    'Hog, Oct 26, 2009
    #2
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  3. Steve

    YTC#1 Guest

    How about getting a new contract at a different employer, that is often
    the best way.

    <lights fuse>
    Its people like you that got IR35 instated in the 1st place
    </lf>
     
    YTC#1, Oct 26, 2009
    #3
  4. Steve

    Steve Guest

    I know , its a real drag being this good.

    Steve
     
    Steve, Oct 26, 2009
    #4
  5. Steve

    YTC#1 Guest


    If you were that good, you would go on to better things
     
    YTC#1, Oct 26, 2009
    #5
  6. Steve

    Steve Guest

    2nd line support?
    Maybe when i've passed the exam.
    Steve
     
    Steve, Oct 26, 2009
    #6
  7. Steve

    CT Guest

    Too late to start worrying about it. I don't think there's a 'length
    of contract' get out clause.

    However, a few years back I did get investigated for a contract that
    ran for 18 months (6 x 3 month slots) and they eventually agreed that
    it wasn't disguised employment. Which was a pleasant suprise as I was
    ready to be found against.

    Get your contract reviewed by a decent contractors accountant. I
    reckon the letter I had from mine stating that "in their view" it
    wasn't caaught by IR35 at least gave me a defence of "I took legal
    advice".
     
    CT, Oct 27, 2009
    #7
  8. Steve

    boots Guest

    IMLE being prepared to challenge the IR goes a long way to getting
    them to drop the case. The specialist I employed still cost me over a
    grand which is gone for ever. His opinion FWIW was that the IR won't
    pursue a case to the tax commissioners *if* it's not 100% for fear of
    setting a precedent.
     
    boots, Oct 27, 2009
    #8
  9. Steve

    'Hog Guest

    Check out SJD's record against HMR&C.
     
    'Hog, Oct 27, 2009
    #9
  10. Steve

    platypus Guest

    Salad J. Dodger?
     
    platypus, Oct 27, 2009
    #10
  11. Steve

    boots Guest

    I can't recall who I used now, someone recommended by my accountant.
    After several months IR declined to pursue, the annoyance was despite
    their wrong accusation I couldn't recover the costs of defending it.
    However, I did save on not paying the extra £12K plus demanded. Still
    it's been a while sine I was EKS and no particular desire to return.
     
    boots, Oct 27, 2009
    #11
  12. Steve

    'Hog Guest

    That's why it is worth having R&C know you use their Nemisis. They won't
    come after you unless you are a sitting duck. Well that's my theory.
     
    'Hog, Oct 27, 2009
    #12
  13. Steve

    CT Guest

    I was with JSA, who have their own contract review service.
    http://www.jsagroup.co.uk/jsa-services/ir35-contract-review
    It was only a few hundred quid in my case.
    I never received a demand, just a letter stating that they wanted to
    review my contracts over a particular time period, of about 18 months.
    Over three years for me now, and I'll only go back to EKS if
    circumstances dictate.
     
    CT, Oct 27, 2009
    #13
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