• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Ir35

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Ir35

    I get the distinct impression that many people are avoiding IR35 but are very much inside it. How true would that statement be. How far does insurance cover you, PCG say your contract is fine and then insrue it so if claims are made you're ok. That would suggest as people have said previously that they can make their contract IR35 friendly and then just insure it and bugger what their actual working practices are.

    Many of the people I know personally are working either on an IT helpdesk or in IT support teams, where they are required on site at fixed times using only the business's machines, no substitution in place etc.

    Some say that they have 2 jobs they put through their lmited company but still the one on the helpdesk or IT team should be declared as inside IR35 surely.

    The reason I ask is I work as in IT reporting and SLA management. I work my own hours up to 37.5 give or take, dictated somewhat by objectives the customer sets but I then have some say in how thats done and how best to present it and perform management, no subsitution, work on one site using their equipment as we cannot use our own machines anyway. I have just found out I could be contracting if I choose to stay till early next year before the entire function closes down hence why they keep employing contractors and not permies. Now I thought about a limited company but running it inside IR35 with all the papoerwork etc I thought stick to an umbrella and be done with it, yet colleagues continue to go and set up their own limited companies basing themselves outside. Surely its time that we got the ifs buts and maybes out the way and had it clearly defined what was and what wasn't and made a hard and fast ruling., THis would mean that either more people could benefit or people with their fingers in their ears had no choice but to listen.

    Thats my rant anyway...the ones that haven't gone limited company are the ones claiming vast amounts of dispenation ...lalalalala they say!

    #2
    Originally posted by Damo1176
    Surely its time that we got the ifs buts and maybes out the way and had it clearly defined what was and what wasn't and made a hard and fast ruling.,
    Preaching to the choir...
    Will work inside IR35. Or for food.

    Comment


      #3
      Originally posted by Damo1176
      I get the distinct impression that many people are avoiding IR35 but are very much inside it. How true would that statement be. How far does insurance cover you, PCG say your contract is fine and then insrue it so if claims are made you're ok. That would suggest as people have said previously that they can make their contract IR35 friendly and then just insure it and bugger what their actual working practices are.

      Many of the people I know personally are working either on an IT helpdesk or in IT support teams, where they are required on site at fixed times using only the business's machines, no substitution in place etc.

      Some say that they have 2 jobs they put through their lmited company but still the one on the helpdesk or IT team should be declared as inside IR35 surely.

      The reason I ask is I work as in IT reporting and SLA management. I work my own hours up to 37.5 give or take, dictated somewhat by objectives the customer sets but I then have some say in how thats done and how best to present it and perform management, no subsitution, work on one site using their equipment as we cannot use our own machines anyway. I have just found out I could be contracting if I choose to stay till early next year before the entire function closes down hence why they keep employing contractors and not permies. Now I thought about a limited company but running it inside IR35 with all the papoerwork etc I thought stick to an umbrella and be done with it, yet colleagues continue to go and set up their own limited companies basing themselves outside. Surely its time that we got the ifs buts and maybes out the way and had it clearly defined what was and what wasn't and made a hard and fast ruling., THis would mean that either more people could benefit or people with their fingers in their ears had no choice but to listen.

      Thats my rant anyway...the ones that haven't gone limited company are the ones claiming vast amounts of dispenation ...lalalalala they say!
      Yawn. Your pointless post is about 5 years too late.

      Comment


        #4
        This is precisely what I am thinking about IT support positions. Smells inside too much.

        I am in a similar position right now but I won’t be staying at this client for more than 4 months. That is pretty short isn’t it ? I am hoping this can support my outside clause. In addition I will try to substitute but if they don’t bite that I will walk out anyway.

        They have told me what to do , but they dont tell me how to do it - i.e how to fix a server. I hope this has some grounds.

        Comment


          #5
          Originally posted by DimPrawn
          Yawn. Your pointless post is about 5 years too late.

          Sorry in that case, just I'm new to the game and so newly frustrated with all the regs

          Comment


            #6
            Originally posted by 2uk
            I am in a similar position right now but I won’t be staying at this client for more than 4 months. That is pretty short isn’t it ? I am hoping this can support my outside clause.
            IR35 is not particularly related to contract length. If you go on site with a client for a week, with no particular target deliverables set at the beginning of the week (ie as a general dogsbody), you could potentially be viewed as a deemed employee.

            Comment


              #7
              Originally posted by 2uk
              This is precisely what I am thinking about IT support positions. Smells inside too much.
              The vast majority of us "smell inside too much" but after 5 years of the same debates and not many people getting nicked have just learned to get on with it.

              Comment


                #8
                Originally posted by rootsnall
                The vast majority of us "smell inside too much" but after 5 years of the same debates and not many people getting nicked have just learned to get on with it.
                Indeed. You could do everything wrong, but you still *probably* won't get investigated and will get away with it as a result. Some people don't like the uncertainty and pay up when they might not have had to; some people are more than happy to risk it given the much larger rewards. Most of us take steps to minimize the risk but live with the fact that there still is one.
                Will work inside IR35. Or for food.

                Comment


                  #9
                  Originally posted by VectraMan
                  Indeed. You could do everything wrong, but you still *probably* won't get investigated and will get away with it as a result. Some people don't like the uncertainty and pay up when they might not have had to; some people are more than happy to risk it given the much larger rewards. Most of us take steps to minimize the risk but live with the fact that there still is one.
                  It kind of lurks at the back of my mind at times, and I'll have the money put by to cough up if necessary, but I've had my contract checked and in any case the odds seem to be with us. I wonder what the circumstances were of the 3 cases lost by the PCG.

                  Comment


                    #10
                    ISTR one was by someone who represented himself and thereby commited legal suicide, one was on an obscure technicality and one was pretty well genuinely caught. They were also a long time ago and would probably not have been lost if they were taken on again.

                    As for support staff, there is no reason at all they should be any more IR35-caught than any other contractor. Even the requirement to be onsite at fixed times can be squared away.

                    Repeat after me - you only pay IR35 if you really want to...
                    Blog? What blog...?

                    Comment

                    Working...
                    X