Deep Thought IR35 calculator

[gingerjedi]

Wouldn't it be great if there was a site where you could cut and paste your contract, press a button and it would give a definitive answer to whether you fall within or outside IR35?! I know there are people that will do contract assessments but all they give is advice and there are no guarantees.

I don't want to be a criminal but I also don’t want to pay more tax than I need, it’s got to the point that I am losing sleep over this and I am thinking of declaring myself inside

What are the average net percentages of inside and outside using your own ltd?

[jh0711]

thing is in a real investigation they look at your contract, chuck it away and they see how you have actually been working

if you show any sign of being an employee (having to turn up for work at a certain time, being monitored on breaks, etc etc etc etc etc etc etc betc etc etc etc etc etc ect etc )

then you are caught - the reality of the situation is just that - what is real and not what is written in a contract

example I saw a contract the other day from a rec agency which had been quite obviously written to seem to be outside of IR35 - (had all the usual clauses about having to repair any work in your own time and being able to send in a subsitiute not being controlled by the end client etc etc) but the actual job role was on a telephone helpdesk - which quite clearly does not fit the above description as the role did involve set times of work set breaks and also montiored levels of work and performance.

probably

[Bluebird]

there are some IR35 calculators on the PCG site which will tell you how much difference it is.

[gingerjedi]

there are some IR35 calculators on the PCG site which will tell you how much difference it is.

I did look but you have to be a member, so I am thinking of joining but I am unsure if I need standard membership or plus?

I have been on the same site on and off over the past 2 years doing different roles on a contract by contract basis i.e. each contract specifies what I am there to do, I am currently doing support work but I have no set times or breaks I get a daily rate and just have to fulfil the 37.5 hours within the week.

It annoys me how this will probably fall within as the only reason I am here is the government are making the posts redundant and I am filling in for the early leavers, by their own rules they cannot advertise the role as permanent as it will be gone within 2 years yet for the purposes of IR35 I would be deemed as employed, sounds hypercritical of the government if you ask me.

[pisces]

thing is in a real investigation they look at your contract, chuck it away and they see how you have actually been working

if you show any sign of being an employee (having to turn up for work at a certain time, being monitored on breaks, etc etc etc etc etc etc etc betc etc etc etc etc etc ect etc )

then you are caught - the reality of the situation is just that - what is real and not what is written in a contract

example I saw a contract the other day from a rec agency which had been quite obviously written to seem to be outside of IR35 - (had all the usual clauses about having to repair any work in your own time and being able to send in a subsitiute not being controlled by the end client etc etc) but the actual job role was on a telephone helpdesk - which quite clearly does not fit the above description as the role did involve set times of work set breaks and also montiored levels of work and performance.

probably

When they take you to court they lose more 99% of the time anyway.

Recently a council worker who even had holiday pay during his contract won his court case.

[jh0711]

sounds like the best option is Ltd then - get your contract worded to be outside of IR35 regardless of what reality is and then laugh all the way to the bank!

[Maxamus]

If you get investigated then the contract would not be enough even if it deems you outside of IR35.

To be trully seen as being outside of IR35 would be to show:

- Flexible working. You work the hours you want to work. You dont turn up at a set frequency day in, day out.
- Working from home
- Using your own car for site vists rather than a company/pool car
- use of your own mobile phone
- using and providing your own PPE
- not using the set standard (if there is one) and instead using your own.
- not turning upto team briefs/social events etc
- not wearing a uniform
- anything else which creates financial risk for you as a company

etc etc etc...........

[jh0711]

Hi Maxamus - that makes me feel better - it suddenly seemed that umbrella companies could not claim expenses but set up a ltd get your contract worded correctly and you have no worries

I have a funny feeling that come April composties will be dead, Ir35 will still live and brollies will survive......

.....for now.

probably

[Money Money Money]

If you get investigated then the contract would not be enough even if it deems you outside of IR35.

To be trully seen as being outside of IR35 would be to show:

- Flexible working. You work the hours you want to work. You dont turn up at a set frequency day in, day out.
- Working from home
- Using your own car for site vists rather than a company/pool car
- use of your own mobile phone
- using and providing your own PPE
- not using the set standard (if there is one) and instead using your own.
- not turning upto team briefs/social events etc
- not wearing a uniform
- anything else which creates financial risk for you as a company

etc etc etc...........

Using all your own tools!

[Bluebird]

Ppe ?