LawSpeed ?

[Underscore]

Re: Past Contracts

Do you get a pension from the company your are currently providing a service to?

Health Care?
Profit Bonus?
Sick Pay?
Car Scheme?

Why would you think you are inside IR35. I am a business providing a service to various customers. Do you think the builder who has been working on my house for 12 months is inside IR35? And he gets free cups of TEA!

[helen7]

Re: Past Contracts

builders don't work through an intermediary (agency)

:-)

I didn't say the law was fair...I hate it but, it exists.

I am sure if they change the law for builders/plumbers there would be riots on the streets but, I can't really imagine on bunch if IT consultants rioting !!!!!! Would sure be a funny sight.

[malvolio]

Well there's one born every minute...

Nice to know there are still some fools left.

IR35 is a voluntary tax - if you feel so strongly about paying tax on your operating costs then go ahead and sign up. On any sort of decent rate you're wasting about £5k pa, but hey, it's your money.

Since I don't get sick pay, healthcare, pensions, SSP, paid leave or employment protection - in fact I'm paying out around £1100 a month out of my earned income for all that - I really don't see that I should. And I know how to defend my position if challenged by Hector, which is based on business indicators, not on being a PCG member.

And to be clear, we got IR35 because some people were taking the p*ss out of the tax laws. Like a lot of people, I don't - but I'm also not going to pay any more tax than I am legally required to.

[IR35 Avoider]

Re: Well there's one born every minute...

IR35 is a voluntary tax

Regardless of the circumstances? Even if (for example) you've worked for the same client and no-one else for more than 10 years, as a DBA, not doing project-based work?

we got IR35 because some people were taking the p*ss out of the tax laws

People who paid minimum salaries and made their spouse a shareholder in their company were complying perfectly with the law as it was understood at the time. You said yourself you don't believe in paying more tax than is legally required. They were much less guilty of "taking the p*ss" than the vast majority of those currently claiming their contracts are not caught.

[malvolio]

No, not them...

People like the boss of IKEA, who is a UK resident, but pays no UK taxes at all. Seems he's totally supported by his wife, who is a Monaco resident.

People like the banks paying some of their people bonuses via interesting schemes involving rare wines and the like

Sadly Hector isn't smart enough to distinguish betwee people applying the law as intended and the p*ss extractors. Hence sledgehammer legislation that has screwed us all up.

And if you think Moron Brown and his minions are interested in fairness and legality, you haven't been paying attention to recent events. For one thing, compare the DTI's published advice on how to structure a small business with the reality of the current tax landscape...

[eAZy]

IR35 Insurance

Route35 insurance (now part of PCG+) provides insurance cover upto & including commissioners. Cover is independent of contract review or strength. To date there have been 650+ IR35 wins with 4 losses.

Contract length is only a minor factor in deciding IR35 cases. I have known several cases where contractors have been at the same client for 10yrs+, they were not caught by IR35 when investigated.

The key pointers for passing IR35 are :

- Lack of Direction & Control
- No MOO (Mutality Of Obligation)
- Right of Substitution (RoS)
- IBOYOA (weak pointers added together)

I strongly believe that professional representaion is critical during IR investigations. Minimum investigation cover should include PAYE, VAT, Expenses, Corp. Tax, S660 & IR35 investigations to Commissioners.

[opticalraceltd]

Re: IR35 Insurance

Can we get back on topic please - I'm interested to know who's using tax consultants for contract review, IR35 insurance etc, and what the benefits there may be.

Don't clogg this thread up with an IR35 bitching session - start your own for that.

[malvolio]

OK, if you insist

Last time I needed an assessment I asked SJD. But I knwo what the contract should and shouldn't contain and my last four roles have been either with people using the bog-standard Lawspeed contract or a basic Ts&Cs with a detailed schedule of work required, so I'm probably not a good example!