Got your driving licence before 1997? Maybe a IR35 avoidance strategy?

[Sockpuppet]

Now I've not looked into this but if you got your driving licence before 1997 your have category C1 (well thats the new category name) on your licence. It allows you to drive 7.5t vehicles. After 1st jan 1997 you need to do extra tests.

Now in addition to offering your normal services if you also offered the be a lorry driver as it is something the tax man cannot count as being under IR35 as you can withdraw your services at any time and decide whether to take a job or not (most drivers are agency).

The majority of drivers I employ are all self employed and the tax office has no issue with them being that way as they can pick and chose the days that they work, might be an idea for people struggling to seek IR35 avoidance.

[ratewhore]

erm, I can't see an advantage here considering IR35 will be applied on a contract by contract basis. In this case, marvellous, for 10 days a year you drive lorries so are outide IR35 for that turnover, but for the rest of the year you are supplying IT related services deemed inside IR35 so will need to do the necessary with that turnover.

Just my thoughts - I may be wrong...

[Sockpuppet]

erm, I can't see an advantage here considering IR35 will be applied on a contract by contract basis. In this case, marvellous, for 10 days a year you drive lorries so are outide IR35 for that turnover, but for the rest of the year you are supplying IT related services deemed inside IR35 so will need to do the necessary with that turnover.

Just my thoughts - I may be wrong...

Hmm...didnt reaslise IR35 was on a contract by contract basis. Bummer, well it was a nice idea while it lasted.

[Weltchy]

Hrm,

Howabout if in your contract you have something like

Provision of Lorry and Trucking Driving Services for the shipment of computer hardware.

Then, go out, buy yourself a lorry and drive it to work everyday. the computer hardware would of course be your laptop!!!!

[expat]

Hmm...didnt reaslise IR35 was on a contract by contract basis. Bummer, well it was a nice idea while it lasted.

And with this old automatic C1 etc entitlement, you may not drive these vehicles "for hire or reward".

[Generalist]

And with this old automatic C1 etc entitlement, you may not drive these vehicles "for hire or reward".

Some strange anomalies still exist in what you can drive on a car licence, including buses as long as a certain number of seats left in them (but not for hire/reward of course), horse boxes (scourge of rural roads as mums who can't cope with a 4x4 on the school run attempt to drive them) and of course that old favourite "track laying vehicles". I knew a couple of blokes who bought bloody great artic tractor units and drove around in them for fun at weekends, quite legal apparently provided you don't hook up a trailer. Another daft one is that recovery vehicles don't need an MoT.

[Sockpuppet]

Some strange anomalies still exist in what you can drive on a car licence, including buses as long as a certain number of seats left in them (but not for hire/reward of course), horse boxes (scourge of rural roads as mums who can't cope with a 4x4 on the school run attempt to drive them) and of course that old favourite "track laying vehicles". I knew a couple of blokes who bought bloody great artic tractor units and drove around in them for fun at weekends, quite legal apparently provided you don't hook up a trailer. Another daft one is that recovery vehicles don't need an MoT.

D1 minibuses. You can drive them on a normal car licence post 1997 but you cant do it if you are paid for the privledge.

Milk Lorries also dont need Tachos, MOTs (i think) or the multitude of other tests as they are classed as "an essential service".

[Troll]

As a useless piece of information I took my class 1 HGV at 22 - it was a 5 day course given as a birthday present, the extra licence and medical was a small burden but driving artics on the roads was great fun...the bummer was on the fifth day I took and failed the test (my excuse was nerves) but the exerience was invaluable and certainly made me a better road user ....kept meaning to retake it -but never got around to it & now I think you have to go through the classes i.e. class 3,class 2 & before taking class 1.

I do fancy taking the PSV test for 12 seaters - I know people who ferry nubile young girls on hen nights to nightclubs etc, wait around & and take them home.

Quite a lucrative little number by all accounts (they get cash tips)

[Mordac]

Hrm,

Howabout if in your contract you have something like

Provision of Lorry and Trucking Driving Services for the shipment of computer hardware.

Then, go out, buy yourself a lorry and drive it to work everyday. the computer hardware would of course be your laptop!!!!

I can see the headlines now: "Contractors lynched for filling up car park with lorries".
Nice idea, hope the next one's better though.

[ASB]

horse boxes

Nope, they are just the same as anything else. Most horse boxes are built to < 7.5t so they are non hgv. Obviously pre-97 this is fine. Post 97 you are still stuffed until you get the >3.5t entitlement.