Purposefully within IR35

[SueEllen]

Interesting. Make me wonder what's the point of IPSE membership if that's the case.

According to posters here who have been investigated the fact they are represented by IPSE's agents means HMRC drops the case at some point.....

Also QDOS haven't lost cases either due to a similar reason.

[Pondlife]

Qdos TLC35

This.

Plus I have IPSE+ for the reasons in Faq's other post (for now)

[ChimpMaster]

Agree re: the IPSE+ membership but certainly worth ensuring your working conditions meet the requirements (ambiguous though they are) of being outside of IR35. Ultimately if you are ever investigated for IR35, this is what IPSE are going to have to defend.

[slatt]

With regards to getting IR35 insurance, what is the likelihood of them covering someone who is completely and utterly caught by IR35, where the only way around it would be to move contracts?

I am pretty much in that situation and have been with an umbrella company for the past few years as I didn't think I could go Ltd on this current project.

Personally I'd much rather be Ltd but I do like the current work, so until I complete the project (which is still quite a few years away, current projections say 2020) I'm stuck sheltering under an umbrella.... unless anyone has any bright ideas?

[TheFaQQer]

With regards to getting IR35 insurance, what is the likelihood of them covering someone who is completely and utterly caught by IR35, where the only way around it would be to move contracts?

If you can honestly answer the questions they ask, and (if necessary) pass a contract review, then they will cover you. If you can't, then they won't.

I doubt they would cover you for changing from an umbrella to limited mid-contract, but you could always ask them rather than us.

[slatt]

you could always ask them rather than us.

That was what I was thinking of doing, but i assumed it was such an obvious no go that I didn't want to waste their time

[TheFaQQer]

That was what I was thinking of doing, but i assumed it was such an obvious no go that I didn't want to waste their time

If you think you are caught by IR35 and they agree, then it's not going to be something that they will cover. If they disagree, then they won't insure it.

IPSE membership is something different, though, since it isn't an insurance policy - they say that they will fight for their members, but whether they would (or should) in an open and shut case is something that only they will answer.

[ContrataxLtd]

With regards to getting IR35 insurance, what is the likelihood of them covering someone who is completely and utterly caught by IR35, where the only way around it would be to move contracts?

I am pretty much in that situation and have been with an umbrella company for the past few years as I didn't think I could go Ltd on this current project.

Personally I'd much rather be Ltd but I do like the current work, so until I complete the project (which is still quite a few years away, current projections say 2020) I'm stuck sheltering under an umbrella.... unless anyone has any bright ideas?

Hi Slatt

You could still go Ltd even if caught by IR35, you would probably be better off compared to an Umbrella company due to savings in VAT (Flat rate scheme), 5% allowance that doesn't have to be paid as salary and normally more flexibility in expenses.

You could also whack a good chunk of cash into a pension and reduce the effects of IR35 if this is something you could afford to do.

Martin
Contratax Ltd

[Zero Liability]

With regards to getting IR35 insurance, what is the likelihood of them covering someone who is completely and utterly caught by IR35, where the only way around it would be to move contracts?

I am pretty much in that situation and have been with an umbrella company for the past few years as I didn't think I could go Ltd on this current project.

Personally I'd much rather be Ltd but I do like the current work, so until I complete the project (which is still quite a few years away, current projections say 2020) I'm stuck sheltering under an umbrella.... unless anyone has any bright ideas?

Not sure about IPSE but Qdos will cover you for fee protection but not tax losses if you can't affirm the questions they ask to their satisfaction.

They've also stated that switching between umbrella and ltd is irrelevant as to whether they will offer cover, but obviously there is nothing to cover for the years you were working through one as far as I'm aware. Still worth clarifying with them relative to your circumstances.

[slatt]

Thanks all

It sounds like it might actualy be worth looking into this little further then!