Final Stance on IR35

[Back In Business]

As for IR35 insurance, check the small print but in my experience your contract must be assessed by someone qualified to do so. And if they tell you that you are Inside IR35 then the insurance will not cover you if you then decide to pay yourself as Outside IR35.

AFAIK PCG doesn't require your contract to be assessed before they will cover you.

[maxima]

I am just about to form my company. I am going to insure thru Qdos. Any suggestions?

[malvolio]

I am just about to form my company. I am going to insure thru Qdos. Any suggestions?

Yes. Don't.

Join the PCG instead.

[themistry]

Thanks for all the help guys,

Will join the PCG. Get them to asses the contract and pay myself accordingly. If they feel i fall within IR35, then happy days

TM

[xoggoth]

According to HMRC it is the reality that matters not the contract. What they mean of course is that they use either reality or contract depending on which best suits their case.

Forget PCG. Fair35 by QDOS is available from Shout99 for £140 ish and does not require a contract review.

[themistry]

According to HMRC it is the reality that matters not the contract. What they mean of course is that they use either reality or contract depending on which best suits their case.

Forget PCG. Fair35 by QDOS is available from Shout99 for £140 ish and does not require a contract review.

Thanks for the reply,

hmmm so other than being £60 cheaper, are there any other differences between PCG and QDOS?

Can anyone provide any direct feedback? Who is the better group to go for?

Thanks all
TM

[jh0711]

if you are new to contracting use a brolly.

simple

[Robwg]

How come? Each contract is assessed on its own merits, therefore taking a few odd contracts in IT per year will not stop those particular contracts being inside if the working practices don't merit it. It's not just the overall operation of your ltd that matters (as it should).

What about the Lime IT case though? They were found to be exempt from IR35 as they had business paraphenalia (website, cards etc.) and offered other services to businesses.

[XLMonkey]

What about the Lime IT case though? They were found to be exempt from IR35 as they had business paraphenalia (website, cards etc.) and offered other services to businesses.

No, that isn't why they were found to be exempt. As Denny said, the assessment of IR35 status is done on a contract by contract basis.

The Lime IT case was won for a whole host of reasons, the main ones being related to the (usual) IR35 assessment test: whether, if the contract was not there, the relationship would be one of employment, or self-employment. In this case, self-employment pointers were the fact that
- the work was undertaken on a project by project basis
- the amount of time worked every week varied from 0 to 52.5, according to the project requirements
- Lime IT bought it's own equipment (laptop) to carry out the work
- there were no provisions for sickness/holiday pay
- work was done for other clients in parallel (i.e. not just offered, but actually done).

the details are on this link

http://www.contractoruk.com/ir35/lim...5_victory.html

[XLMonkey]

Thanks for all the help guys,

Will join the PCG. Get them to asses the contract and pay myself accordingly. If they feel i fall within IR35, then happy days

TM

The PCG will not do the contract assessment for you (that's what people like QDOS do). However, they will offer IR35 investigation insurance, and the IR35 guide that they offer is comprehensive enough that you should be able to work out whether or not you are IR35 caught.