Originally posted by WordIsBond
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Legal expertise of IR35 contract reviewers
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Originally posted by WordIsBond View PostNot at all.
If I need blood tests, I don't complain if a nurse does it rather than a doctor. As long as an expert is directing, there are plenty of tasks that can be done by those who don't have the absolute highest level of expertise.Comment
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Originally posted by expat View PostI'm not happy about it since one such well-known review company judged me in IR35 while the same company judged 2 of my colleagues on the same team outside IR35
Originally posted by SimonMac View PostOn the other hand HMRC aren't legal experts in IR35 even though they wrote the bloody thing
Originally posted by northernladuk View PostHave you seen how much a KPMG minion costs???I couldn't give two fornicators! Yes, really!Comment
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Originally posted by Underbase View PostIn fact, ever had a blood test from a doctor rather than a nurse that does them all day?
However you can guarantee most nurses will not hurt you finding that vein."You’re just a bad memory who doesn’t know when to go away" JRComment
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Originally posted by The Spartan View PostDifferent agency or contracts?
One single thing particularly concerned him: when he asked me whether the client company had permanent employees who could do my job, I said "Yes". The client was a huge vendor. It was IMHO inconceivable to say that they don't have many people who could do my job. But apparently that put me inside IR35; for that reviewer anyway.Last edited by expat; 31 July 2015, 05:49.Comment
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Originally posted by expat View PostYes, but the reviewer judged that my contract itself was IR35-friendly. It was other aspects that led him to judge me inside IR35.
One single thing particularly concerned him: when he asked me whether the client company had permanent employees who could do my job, I said "Yes". The client was a huge vendor. It was IMHO inconceivable to say that they don't have many people who could do my job. But apparently that put me inside IR35; for that reviewer anyway.Comment
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Originally posted by Contreras View PostI've had exactly as you describe too, could even be the same reviewer. Despite being brought in to deliver a specific package of work, on my own, from start to finish. Was a little miffed that the summary judgement on this aspect of working arrangements was made only after I had started on site.
Perhaps the problem comes from a different understanding of the phrase "do the same job". I took it to mean "produce the same technical result" since my work is technical, but perhaps the interviewer thought he was asking whether I worked in the same way as existing permanent employees. I would have answered "No" to that question if it had been asked.Comment
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Either way, he is only a reviewer rendering an opinion (in this case, not a very supportable one perhaps, but hey...). It is up to you to decide the reality of the situation, which is why all contractors need a degree of knowledge in the complications of IR35. After all, it's your tax bill at stake, nobody else's.
FWIW the thee big people in the game - Accountax, B&C and QDOS are all the product of ex-HMRC inspectors who genuinely understand the rules. It's the various freehand interpretations of those rules through various cases - some of which were made by judges who don't know the rules that well - that leads to confusion.Blog? What blog...?Comment
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Originally posted by malvolio View PostEither way, he is only a reviewer rendering an opinion (in this case, not a very supportable one perhaps, but hey...). It is up to you to decide the reality of the situation, which is why all contractors need a degree of knowledge in the complications of IR35. After all, it's your tax bill at stake, nobody else's.
FWIW the thee big people in the game - Accountax, B&C and QDOS are all the product of ex-HMRC inspectors who genuinely understand the rules. It's the various freehand interpretations of those rules through various cases - some of which were made by judges who don't know the rules that well - that leads to confusion.
It is unfortunate that it is not possible to have a clear set of guidelines on such an important matter.Comment
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Originally posted by expat View PostIt is unfortunate that it is not possible to have a clear set of guidelines on such an important matter.Comment
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