IR35 queries

[punjabilad]

Hi guys,

Please can you help me whether these are potential issues are not AFA IR35 is concerned:

1. Have an offer in Scotland where my contract will be with the product vendor and I will be working at their client site. Vendor is willing to arrange for my flight+Hotel arrangements. Does this make me inside IR35 assuming everything else and my working arrangements are all good and make me outside IR35?
2. Have another potential offer in Switzerland but I will be paid as a salary of an intermediate company. Does this pose any issues for my previous contracts if I was to be investigated?
3. Have been asked to send a CV but the client would be public sector organisation and I have been told in advance this will be IR35. Again, does this pose any issues for my previous contracts if I was to be investigated?

Re 2 & 3, essentially can HMRC challenge me and say that I am flexible enough to work as an employee or inside IR35 so my other contracts can also inside IR35?. Although, in the past I have made sure that I am always outside IR35 but these new situations have made me think and I will to maintain my future work situation that way.

I am off to searching these forums but any clues but as always any help will be appreciated. Many thanks.

[SueEllen]

Hi guys,

Please can you help me whether these are potential issues are not AFA IR35 is concerned:

1. Have an offer in Scotland where my contract will be with the product vendor and I will be working at their client site. Vendor is willing to arrange for my flight+Hotel arrangements. Does this make me inside IR35 assuming everything else and my working arrangements are all good and make me outside IR35?

Nope

2. Have another potential offer in Switzerland but I will be paid as a salary of an intermediate company. Does this pose any issues for my previous contracts if I was to be investigated?

Nope

3. Have been asked to send a CV but the client would be public sector organisation and I have been told in advance this will be IR35. Again, does this pose any issues for my previous contracts if I was to be investigated?

Yes - get insurance.

[grabri]

Hi guys,
Re 2 & 3, essentially can HMRC challenge me and say that I am flexible enough to work as an employee or inside IR35 so my other contracts can also inside IR35?. Although, in the past I have made sure that I am always outside IR35 but these new situations have made me think and I will to maintain my future work situation that way.

IR35 status is determined on a per-contract basis. Just because you are happy to work inside IR35 in one contract has no bearing on the others, if they are legitimately outside.

[northernladuk]

I'd suggest you spend a bit more time getting to grips with IR35. You can't just tick box it like this.

[punjabilad]

Thanks all. Much appreciated.

Yes - get insurance.

Please can you shed some more light why that might be the case ?

[northernladuk]

Thanks all. Much appreciated.




Please can you shed some more light why that might be the case ?

Becasue IR35 insurance is a no brainer for most. Get IPSE+ membership. It's included with that and a host of other benefits.

[punjabilad]

Becasue IR35 insurance is a no brainer for most. Get IPSE+ membership. It's included with that and a host of other benefits.

I understand the IPSE+ membership. I was not clear, my question was why 'Yes' if my new contract is inside IR35, how does it make past contracts inside IR35?

[northernladuk]

I understand the IPSE+ membership. I was not clear, my question was why 'Yes' if my new contract is inside IR35, how does it make past contracts inside IR35?

You put 'Again, does this pose any issues for my previous contracts if I was to be investigated?'

I think SE means get insurance to cover any chance of getting investigated. It won't actually change the chances of previous contracts being winning or losing but you should have insurance anyway. Getting investigated is an expensive and very difficult situation to be in so in general always have IR35 insurance.

Public Sector is a minefield at the moment with all the changes and no one actually knows what is going on so we can't answer all the unknowns at this point. Will going inside with a PS increase chances of investigation? We don't know... so again, just get insurance and carry on.