Thought I'd start a new thread on this as it's technically a different question to my original one about asking questions regarding working practices at interviews.
So, I had a telephone interview for a three month role that outlined the contract is sickness cover for long term sick and that I'll be required to work as one of the BA team, moving from project to project as required. My alarm bells went off that this would not sit well with IR35 and my accountant confirmed this was the case, so I decided to accept the contract but do it inside IR35. This is private sector.
I'm now finding it difficult to get quality advice around this. At first, my accountant (or rather, his assistant) suggested that most people would either avoid accepting a contracting inside IR35 or go umbrella. As outlined in the other post,i want to stay with my limited company so as to pay into my own pension.
I then sent a copy of my contract and asked if there was anything there that was incompatible with being inside IR35. She did an initial IR35 review and said it was consistent with self employment and therefore IR35 compatible. I reminded her that we'd already discussed the IR35 status as being outside and was wondering if there was anything I should watch out for that I would want to change on that basis. E.g. the clauses about putting stuff right at my own cost (i'm not saying I think these shouldn't be there,i was asking if they should given the nature of how I will be working).
Her reply is that I will still be self employed even though I'm in side IR35 (which obviously I'm aware of) and this is why people would either avoid an inside role or go umbrella.
They've also put my monthly fees up to process an inside IR35 contract.
I'm just looking for opinions here as to whether this all sound normal accountancy behaviour? She is the accounts assistant, not the account manager (who's away so I can't speak to him). But surely an accountant specialising in contractors must have come across at least a proportion of inside contracts? I mean, as it's determined on a contract by contract, surely it would be natural for people to be moving in and out on occasions, unless every single contractor is just winging it and going for the best?
At the moment I'm feeling like a fool for going inside, even though it was the accountant who agreed that it was not good IR35 working practice.
So, I had a telephone interview for a three month role that outlined the contract is sickness cover for long term sick and that I'll be required to work as one of the BA team, moving from project to project as required. My alarm bells went off that this would not sit well with IR35 and my accountant confirmed this was the case, so I decided to accept the contract but do it inside IR35. This is private sector.
I'm now finding it difficult to get quality advice around this. At first, my accountant (or rather, his assistant) suggested that most people would either avoid accepting a contracting inside IR35 or go umbrella. As outlined in the other post,i want to stay with my limited company so as to pay into my own pension.
I then sent a copy of my contract and asked if there was anything there that was incompatible with being inside IR35. She did an initial IR35 review and said it was consistent with self employment and therefore IR35 compatible. I reminded her that we'd already discussed the IR35 status as being outside and was wondering if there was anything I should watch out for that I would want to change on that basis. E.g. the clauses about putting stuff right at my own cost (i'm not saying I think these shouldn't be there,i was asking if they should given the nature of how I will be working).
Her reply is that I will still be self employed even though I'm in side IR35 (which obviously I'm aware of) and this is why people would either avoid an inside role or go umbrella.
They've also put my monthly fees up to process an inside IR35 contract.
I'm just looking for opinions here as to whether this all sound normal accountancy behaviour? She is the accounts assistant, not the account manager (who's away so I can't speak to him). But surely an accountant specialising in contractors must have come across at least a proportion of inside contracts? I mean, as it's determined on a contract by contract, surely it would be natural for people to be moving in and out on occasions, unless every single contractor is just winging it and going for the best?
At the moment I'm feeling like a fool for going inside, even though it was the accountant who agreed that it was not good IR35 working practice.
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