• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Considered inside or outside of a year?

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Considered inside or outside of a year?

    Hello all, new poster!! Great forum.

    I have a slightly difficult one and was after some general advice.

    I used to work as a member of staff for a company but was made redundant after only 3months.

    The market was pretty bad and after hunting the job market I managed to secure a job with the sister company of the original one. To be clear, each company is a seperate entity but occupies the same building and has a common accounts department. They are called a "group" but are involved in completely different activities and do not share information, staff or any other resource that I am aware of.

    I worked at the sister company up until about 10months ago when I decided to move on and have been working elsewhere since as a member of staff.

    I was approached the other week by the partner of the initial company as they are looking for someone to lead a project for them for 6-12month duration.

    I have been building various relationships and networking generally within the industry and would like to undertake this work as a contractor with a view to taking on some other contracts concurrently and build a business with various income streams.

    I know that working as a contractor for a previous employer is tenuous, and I have heard a 12month timeframe mentioned as a cut off. Given this and the fact that I actually worked for that employer some 16months ago before moving to the sister in the group, what everyones thoughts on this?

    #2
    It's impossible for us to make a sensible judgment, but the scenario you describe is not incompatible with a contract being outside of IR35. You'll need to have your contract and working practices reviewed, as would ordinarily be the case. We can speculate about your relationship with the end-client, but you really need to have a professional contract review, especially in this situation (also, ensure that you have the working practices reviewed and that the reviewer is aware of the history).

    Comment


      #3
      Thanks Jamesbrown,

      I'm obviously in a position where I can establish my working practices and tailor a contract to suit. Are there any companies that can provide advice on how to set things up, assuming that its possible in the first place. I would assume any IR35 specialist would be able to offer assistance for a fee?

      Thanks

      Comment


        #4
        Originally posted by Fazlbob View Post
        Thanks Jamesbrown,

        I'm obviously in a position where I can establish my working practices and tailor a contract to suit. Are there any companies that can provide advice on how to set things up, assuming that its possible in the first place. I would assume any IR35 specialist would be able to offer assistance for a fee?

        Thanks
        Sure, here are a few companies:

        Bauer & Cottrell
        QDOS
        Abbey Tax Protection

        If you're not familiar with IR35, I'd suggest some basic reading first (see links on right). It's important to remember that, whatever the contract states, it should reflect the reality of the situation in terms of your working practices. So you cannot "set things up" as such, but you can adopt working practices that are consistent with being outside and retain evidence to demonstrate this position, in case it's eventually needed.

        Comment

        Working...
        X