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  1. #421

    Fingers like lightning

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    Quote Originally Posted by smatty View Post
    Legal obligation is one thing but if a trust has to make a decision between hiring a lawyer to resolve IR35 for IT staff or hiring another doctor then I can see why they just go the "everyone's inside" route.

    Hopefully the fuss and additional expense kicked up by this change affecting the PS will mean the government are pressured to take a simpler approach:

    1. If the contract is to an individual then they must be paid PAYE for all income (in effect always inside IR35).
    2. If the contract is to a company then normal b2b rules apply (invoices and VAT).

    Of course for us the challenge would then to be to obtain contracts to our Ltd rather than named individual, with the substitution rights (and other b2b stuff) automatically in place.
    Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

  2. #422
    eek
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    bored now

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    Quote Originally Posted by Hobosapien View Post
    Hopefully the fuss and additional expense kicked up by this change affecting the PS will mean the government are pressured to take a simpler approach:

    1. If the contract is to an individual then they must be paid PAYE for all income (in effect always inside IR35).
    2. If the contract is to a company then normal b2b rules apply (invoices and VAT).

    Of course for us the challenge would then to be to obtain contracts to our Ltd rather than named individual, with the substitution rights (and other b2b stuff) automatically in place.
    That was already covered in the Travel and Subsistence rules in 2015. The fear expressed by unions (with evidence to prove the allegation) was that companies would force people into creating limited companies to enable T&S to continue to be reclaimed.

    So the odds of your example occurring is zilch... The Taylor report will tell you how things will happen and I expect explicit rules and definitions for employees and workers...
    Last edited by eek; 29th June 2017 at 18:17.
    merely at clientco for the entertainment

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