Avoid Prosperity4 like the plague!

[expat]

I don't see there being a problem at all. I set up my own sole trading company directly with the IR within three months of starting it, as the rules stipulate. I pay all my own tax via self assessment minus dispensation allowances advised to me by my accountant. If the IR wanted to investigate me they would do so in much the same way as they would any sole trader.

Isn't the relevant point here that if HMRC investigate you they may decide that you are not self-employed?

[ASB]

I don't see there being a problem at all.

If you're comfortable, then it's fine.

But there are some pretty glaring potential issues, and it may be useful to cover them with your advisers.

You tend to be within IR35 (your words). Within IR35 and self employed are mutually exclusive (for the same work). So assume your work is "ir35 like". There are a limited number of potential outcomes here:-

- In an investigation this turns into a status enquiry and the IR decide you are not self employed after all. You were employed (actually employed) by your clients. Depending upon how long you have been trading in this way this may well be a minimal risk (paradoxically one of the biggest pointers to being self employed is being accepted as such by the IR). In any event this only applies where you are billing the end client direct. [Here the consequences fall on the client anyway, and finding you within the IR35 regs is NOT an option].

In the case of the brolly a status investigation could reach the conclusion above. Equally it could reach the conclusion you are self employed, alternatively because there is an intermediary in this chain it could decide it should have been IR35.

The amount of risk you are at will depend very much upon your trading pattern (which you haven't divulged).

If typically you work "for" one client for a month or less and swap around a lot then you are unlikely to fail a status investigation (in my opinion). [Equally you sould not fail an IR35 one either]. Other trappings of your business may well go in your favour.

However, if your typical pattern is hours charged for a couple of months or more at a time for any given client you are, in my opinion, highly vulnerable.

However, you are confident that you are safe. Presumably you have received advice to that end. I would be interested to know why your advisers believe you are safe from attack.

[IR35 Avoider]

I don't see there being a problem at all.

This set up suits me well because I tend to be within IR35 anyway and I always opt in to the agency regulations. If I felt that I was autonomous enough in my actual working conditions to come and go as I pleased, used my own equipment and so on and was clearly outside of IR35 I would set up my own limited company instead.

So you are saying that the work you do via the brolly does not pass self-employment tests, but the brolly are happily paying money into your personal account on the basis that it does? And you can't see why there is a problem for the brolly?

I have little new to add - the post you were responding to already says it all. When you said you didn't think there was a problem, had you taken on board that the question was whether it was a problem for the brolly, rather than for you? Your answer didn't really address what that post said, as you were talking about yourself and your returns, rather than the brolly.

Do you understand that if the brolly has received say 60K from an agency and passed virtually all of of it on to you, at some stage the taxman is going to ask them for 40K in tax? (Obviously the figures are just crude approximations - can't be bothered to calculate exactly.)

Do you just not care what happens to the brolly?

[Money Money Money]

So you are saying that the work you do via the brolly does not pass self-employment tests, but the brolly are happily paying money into your personal account on the basis that it does? And you can't see why there is a problem for the brolly?

I have little new to add - the post you were responding to already says it all. When you said you didn't think there was a problem, had you taken on board that the question was whether it was a problem for the brolly, rather than for you? Your answer didn't really address what that post said, as you were talking about yourself and your returns, rather than the brolly.

Do you understand that if the brolly has received say 60K from an agency and passed virtually all of of it on to you, at some stage the taxman is going to ask them for 40K in tax? (Obviously the figures are just crude approximations - can't be bothered to calculate exactly.)

Do you just not care what happens to the brolly?

Though I'd bring this back up to the board!

[eddiegee]

my poem

i hate to boar but if your Unhappy at P4 knock on Danbros door, please dont ignor this message because its a cure for your headache which is soar because the service at P4 is so poor.

thanks,

www.danbro.co.uk

[daviejones]

Why, HAVE P4 gone into administration?

[eddiegee]

what about my poem?

[daviejones]

what about my poem?

What poem?

[eddiegee]

The one above you!!! it took me alot of time to think of all the ryhming words. lol

[TheFaQQer]

What poem?

The one above.

Granted, some degree of spelling, punctuation and formatting might have helped identify it as a poem, but it's there if you look hard enough.