I have been contracting for nearly three years now, with a single client. (For reference, they are considered a *small* company). Sorry this might be a bit lengthy but I'm really confused with what to do on a time-sensitive situation!
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I was originally brought on to build a small BI tool, and when that initial 3 months was finished, they wanted me to takeover one of their projects as they were moving internal resources onto "the next big thing".
They needed to scale an existing website and move it onto cloud architecture e.t.c. - and at some point during this I told them I am planning to work remotely, and start building my brand a bit more - to which they obliged and said it's fine if I want to work remotely, so long as I touch base now and then. This is all on my own equipment too.
I have now finished this specific project (around 2.5 years on top of the initial 3 months for the other thing) , and surprise surprise - they like the skillset I bring (and obviously the quality of my work) and have asked if I will now provide consultancy services for the next year over-seeing their "next big thing" and making sure the team are doing it "right", and helping scale the system out by making architectural improvements.
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I am fairly certain I am outside IR35 - my contract definitely is (had it reviewed), and I am waiting on QDOS to check my working practices. But I feel really nervous about the fact they want me to do one more year with them, which would take me up to 4 years in.
From the client's perspective - he has said many times "but I don't understand, if I like the services you provide then obviously I'm going to want to give you more work" - it's not like he's obliged to, he genuinely just wants to keep me around because of the specialist knowledge I (or I suppose, my company) provide(s).
I originally was waiting to deliver this project and move on - but the market is completely dead at the moment, and I have moved from London to the West Midlands so it's even more dire!
I don't want to get caught inside or have to pay a load of fees to HMRC, it would basically mean the last three years (or four if I stay) were sort of pointless as I could have just been perm, with benefits, working my way up a corporate ladder.
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So I am at a crossroads. A local company in the Midlands has extended me an offer for a perm role - working at one of the "best" companies in the area (the pay is sort of competitive for the area but not like super high, just under 70k - but maybe 25k a year post tax less), where I would learn a *LOT* and work with all the latest toys. But the idea of having to request holidays, do as your told in every way, try and work your way up and not be able to work when and where I want is really really really putting me off! (Although I concede working another contract would maybe lose me a lot of the current freedom I have))
On top of that, I have my first child on the way and I would love to spend time at home with the missus and baby to help ease into our new life, whilst taking home some good cash!
MY current client *really* want me to stay, but I've said to them, I don't know if its worth the risk...
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To finish, I have some questions, folks at CUK (I am a long-term lurker, FYI).
- Am I worrying too much? If I get my working practices checked and I'm outside IR35 - do I have the golden ticket ATM (small company, deemed outside, a years worth of project work scoped out)???
- Should I just go INSIDE IR35 to remove my fears? Re-write the contract completely so its a new job role (which is kinda is, since its more consulting from an architecture perspective than raw coding).
(Although this may be some admission of guilt, which would screw me over if I had to go back and pay - and this is why IR35 sucks, I don't THINK I'm outside, but I'd go inside if possible just so I didnt have to worry about some bulltulip investigation that could screw over my family).
- Would an umbrella be a good move? I'm not really sure why people are talking about Umbrellas, I fail to see how they actually help the situation since you still need to decide if you're IN or OUT? and if you are IN isn't it better to just ... be a PSC but declare yourself INSIDE?
- Should I take the perm job, put in the graft for a year, earn a lot less money, not be at home with my wife and newborn kid, but ride out this storm and see what the contract market is saying in 12-18 months? If its good, I have all this extra experience that should make finding a new gig simple, if it sucks, im 12-18 months into a good perm position and probably due a promotion.
Sorry - I do tend to ramble on a bit but this is keeping me up at night! And again, due to the offer on the table, it's a pretty time-sensitive issue!
Thank you all
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I was originally brought on to build a small BI tool, and when that initial 3 months was finished, they wanted me to takeover one of their projects as they were moving internal resources onto "the next big thing".
They needed to scale an existing website and move it onto cloud architecture e.t.c. - and at some point during this I told them I am planning to work remotely, and start building my brand a bit more - to which they obliged and said it's fine if I want to work remotely, so long as I touch base now and then. This is all on my own equipment too.
I have now finished this specific project (around 2.5 years on top of the initial 3 months for the other thing) , and surprise surprise - they like the skillset I bring (and obviously the quality of my work) and have asked if I will now provide consultancy services for the next year over-seeing their "next big thing" and making sure the team are doing it "right", and helping scale the system out by making architectural improvements.
---
I am fairly certain I am outside IR35 - my contract definitely is (had it reviewed), and I am waiting on QDOS to check my working practices. But I feel really nervous about the fact they want me to do one more year with them, which would take me up to 4 years in.
From the client's perspective - he has said many times "but I don't understand, if I like the services you provide then obviously I'm going to want to give you more work" - it's not like he's obliged to, he genuinely just wants to keep me around because of the specialist knowledge I (or I suppose, my company) provide(s).
I originally was waiting to deliver this project and move on - but the market is completely dead at the moment, and I have moved from London to the West Midlands so it's even more dire!
I don't want to get caught inside or have to pay a load of fees to HMRC, it would basically mean the last three years (or four if I stay) were sort of pointless as I could have just been perm, with benefits, working my way up a corporate ladder.
---
So I am at a crossroads. A local company in the Midlands has extended me an offer for a perm role - working at one of the "best" companies in the area (the pay is sort of competitive for the area but not like super high, just under 70k - but maybe 25k a year post tax less), where I would learn a *LOT* and work with all the latest toys. But the idea of having to request holidays, do as your told in every way, try and work your way up and not be able to work when and where I want is really really really putting me off! (Although I concede working another contract would maybe lose me a lot of the current freedom I have))
On top of that, I have my first child on the way and I would love to spend time at home with the missus and baby to help ease into our new life, whilst taking home some good cash!
MY current client *really* want me to stay, but I've said to them, I don't know if its worth the risk...
---
To finish, I have some questions, folks at CUK (I am a long-term lurker, FYI).
- Am I worrying too much? If I get my working practices checked and I'm outside IR35 - do I have the golden ticket ATM (small company, deemed outside, a years worth of project work scoped out)???
- Should I just go INSIDE IR35 to remove my fears? Re-write the contract completely so its a new job role (which is kinda is, since its more consulting from an architecture perspective than raw coding).
(Although this may be some admission of guilt, which would screw me over if I had to go back and pay - and this is why IR35 sucks, I don't THINK I'm outside, but I'd go inside if possible just so I didnt have to worry about some bulltulip investigation that could screw over my family).
- Would an umbrella be a good move? I'm not really sure why people are talking about Umbrellas, I fail to see how they actually help the situation since you still need to decide if you're IN or OUT? and if you are IN isn't it better to just ... be a PSC but declare yourself INSIDE?
- Should I take the perm job, put in the graft for a year, earn a lot less money, not be at home with my wife and newborn kid, but ride out this storm and see what the contract market is saying in 12-18 months? If its good, I have all this extra experience that should make finding a new gig simple, if it sucks, im 12-18 months into a good perm position and probably due a promotion.
Sorry - I do tend to ramble on a bit but this is keeping me up at night! And again, due to the offer on the table, it's a pretty time-sensitive issue!
Thank you all
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