+ Reply to Thread
Page 1 of 2 1 2 LastLast
Posts 1 to 10 of 11
  1. #1

    Nervous Newbie


    Join Date
    Mar 2017
    Posts
    4
    Thanks (Given)
    3
    Thanks (Received)
    0
    Likes (Given)
    2
    Likes (Received)
    1

    Question Set-piece example of outside IR35

    A few days ago I used the IR35 ESS Tool and got an Outside IR35 decision.

    Today, I can't get a single permutation of responses that results in an outside IR35 decision.

    Maybe the software is broken.

    Maybe not. Is anyone out there able to provide a set of IR35 ESS Tool responses that results in an Outside IR35 decision?

  2. #2

    Still gathering requirements...


    Join Date
    Feb 2017
    Posts
    67
    Thanks (Given)
    0
    Thanks (Received)
    6
    Likes (Given)
    3
    Likes (Received)
    8

    Default

    Hello,

    I've just tried a scenario and said that substitution happened an that the contracting company paid the substitute and that gave an outside determination. I also ran it under the assumption that substitution hadn't happened but would be approved if the substitute had the same skills, qualifications etc... and that also gave a determination of outside.

  3. #3

    Godlike


    Join Date
    Dec 2012
    Posts
    9,304
    Thanks (Given)
    626
    Thanks (Received)
    573
    Likes (Given)
    4219
    Likes (Received)
    2412

    Default

    Quote Originally Posted by BingoMan View Post
    A few days ago I used the IR35 ESS Tool and got an Outside IR35 decision.

    Today, I can't get a single permutation of responses that results in an outside IR35 decision.

    Maybe the software is broken.

    Maybe not. Is anyone out there able to provide a set of IR35 ESS Tool responses that results in an Outside IR35 decision?
    A sort of IR35 ESS tool "Bingo", if you like

  4. #4

    Nervous Newbie


    Join Date
    Mar 2017
    Posts
    4
    Thanks (Given)
    3
    Thanks (Received)
    0
    Likes (Given)
    2
    Likes (Received)
    1

    Default

    Quote Originally Posted by Patrick@Intouch View Post
    and that also gave a determination of outside.
    I've, err, been an idiot. I was misinterpreting the final page. You wouldn't believe the number of permutations I ran through trying to get a different final page. Idiot.

  5. #5

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    31,492
    Thanks (Given)
    124
    Thanks (Received)
    1058
    Likes (Given)
    1557
    Likes (Received)
    5232

    Default

    Quote Originally Posted by BingoMan View Post
    Maybe not. Is anyone out there able to provide a set of IR35 ESS Tool responses that results in an Outside IR35 decision?
    Why does that matter? You put in the facts of your situation and there is the result? It's not a matter of fudging to get what you want. Remember also it's the client that carries it out...

    Or are you just sanity checking the tool as it doesn't look like it's possible to be outside?

    Not being rude but do you know enough about IR35 to understand what an outside gig would look like to be able to put the right answers in?
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  6. #6

    Nervous Newbie


    Join Date
    Mar 2017
    Posts
    4
    Thanks (Given)
    3
    Thanks (Received)
    0
    Likes (Given)
    2
    Likes (Received)
    1

    Default

    Quote Originally Posted by northernladuk View Post
    Or are you just sanity checking the tool as it doesn't look like it's possible to be outside?

    Not being rude but do you know enough about IR35 to understand what an outside gig would look like to be able to put the right answers in?
    Sorry for wasting your time - I was mis-interpreting the outcome. I'd indicated that I employ others, have freedom of workplace and working hours - but to my eye the result appeared to indicate I was "caught".

    To be honest, it was the phrase that said "The worker should pay tax and National Insurance as a self-employed person" that threw me. I'm employed through my own Ltd Company - so treating myself as self-employed seem to be a changed status.

  7. #7

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    31,492
    Thanks (Given)
    124
    Thanks (Received)
    1058
    Likes (Given)
    1557
    Likes (Received)
    5232

    Default

    Quote Originally Posted by BingoMan View Post
    Sorry for wasting your time - I was mis-interpreting the outcome. I'd indicated that I employ others, have freedom of workplace and working hours - but to my eye the result appeared to indicate I was "caught".

    To be honest, it was the phrase that said "The worker should pay tax and National Insurance as a self-employed person" that threw me. I'm employed through my own Ltd Company - so treating myself as self-employed seem to be a changed status.
    Not technically you aren't. You are a director of your LTD.

    Being a director does not, of itself, make that person an employee of the company. A directorship is an office, not necessarily an employment. If, however, the company enters into a service contract with the director, the terms of which make the director an employee under the usual common law test, then the director becomes an employee. Many company directors are in this position. In these circumstances, relevant aspects of employment law (including statutory protection as to unfair dismissal and redundancy) apply in addition to the law relating to directors.
    Last edited by northernladuk; 14th March 2017 at 11:35.
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  8. #8

    Nervous Newbie


    Join Date
    Mar 2017
    Posts
    4
    Thanks (Given)
    3
    Thanks (Received)
    0
    Likes (Given)
    2
    Likes (Received)
    1

    Default

    Quote Originally Posted by northernladuk View Post
    Not technically you aren't. You are a director of your LTD.
    Yes - that's what I should have put. I'm not new to this. I'll blame the oversight on the amount of adrenaline still swooshing around my body after mistakenly fearing having to back-pay 17 years of PAYE.

  9. #9

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    31,492
    Thanks (Given)
    124
    Thanks (Received)
    1058
    Likes (Given)
    1557
    Likes (Received)
    5232

    Default

    Quote Originally Posted by BingoMan View Post
    Yes - that's what I should have put. I'm not new to this. I'll blame the oversight on the amount of adrenaline still swooshing around my body after mistakenly fearing having to back-pay 17 years of PAYE.
    Lol. After that rush the rest of the day will be a breeze. Like having the world's biggest poo.
    Last edited by northernladuk; 14th March 2017 at 11:53.
    'CUK forum personality of 2011' - Winner - Yes really!!!!

  10. #10

    Godlike

    barrydidit's Avatar
    Join Date
    Oct 2012
    Location
    at the end of my tether
    Posts
    6,171
    Thanks (Given)
    341
    Thanks (Received)
    391
    Likes (Given)
    1525
    Likes (Received)
    2226

    Default

    Quote Originally Posted by northernladuk View Post
    Lol. After that rush the rest of the day will be a breeze. Like having the world's biggest poo.
    That can actually result in quite a stressful time, especially in a new client's traps. Erm...apparently...

+ Reply to Thread
Page 1 of 2 1 2 LastLast

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

Content Relevant URLs by vBSEO 3.6.0 ©2011, Crawlability, Inc.