Quote:
Originally Posted by neilawuk
DaveB if hector hadnt introduced IR35 none of this would have happened anyway....they bought it upon themselves and have actually lost more tax in the process....If they had left everyone alone to pay CT out of their LTD's and dividend tax the IR would have been much better off. They were just being greedy and Dim Prawn just thought we would all sit back and let it go and pay up like good little contractors.....yeh right!!!!
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IR35 is irrelevent. Providing you take reasonable measures to ensure your contracts are appropriately drawn up and working practices are reasonable, which any business should, then you have a perfectly defendable position without the need to resort to exotic taxation arrangements. The appeal of these offshore schemes is not that it gets you out of IR35, they do nothing of the sort, it is that you pay sustantially less tax by using them.
If the clause was unclear then the obvious option is to ask for clarification from HMRC at the time. If you did this and were told that what you were planning was perfectly ok, then you have nothing to worry about. If you didnt, then the question has to be asked "why not?"
If these schemes were clearly the right side of the fence then every professional accountant would be recommending them as a legitimate means to minimise your tax liabilities. Guess what, they arn't and never have been.
They only people who promote these schemes are the ones runnning them and who will profit from them at no risk to themselves.