Pros and Cons of Company Secretary

[Ardesco]

Oh please. I have yet to hear anyone say that is even remotely an IR35 issue! I sign as company director as I suspect do 99% of contractors.

Nope, company secretary signs all of mine. Can't be IR35 if I'm not on the contract at all IMHO

[TheFaQQer]

Nope, company secretary signs all of mine. Can't be IR35 if I'm not on the contract at all IMHO

WHS.

[super]

Nope, company secretary signs all of mine. Can't be IR35 if I'm not on the contract at all IMHO

Interesting. Anyone else agree with that? I might forward a copy of this thread to Bauer & Cottrell, to get another view on it.

My thinking is that it would be seen by HMRC as purely another element of a "sham" Ltd Co model contract, particularly if the Co Sec is family, rather than actually seen as a valid reason why the contract is outside IR35.

[Clippy]

Interesting. Anyone else agree with that? I might forward a copy of this thread to Bauer & Cottrell, to get another view on it.

My thinking is that it would be seen by HMRC as purely another element of a "sham" Ltd Co model contract, particularly if the Co Sec is family, rather than actually seen as a valid reason why the contract is outside IR35.

Please could you post any feedback you receive from B&C on the thread as it would be helpful/interesting to hear what they have to say on the matter.

[malvolio]

Interesting. Anyone else agree with that? I might forward a copy of this thread to Bauer & Cottrell, to get another view on it.

My thinking is that it would be seen by HMRC as purely another element of a "sham" Ltd Co model contract, particularly if the Co Sec is family, rather than actually seen as a valid reason why the contract is outside IR35.

The logic is that if your name appears nowhere on the contract it will be a lot harder to prove the personal service element of IR35. You still need someone to sign on behalf of the company though, who has to be an office of the company: hence director or CoSec.

Like all IR35 elements it is not definitive, but as we keep on saying, every little helps.

[super]

The logic is that if your name appears nowhere on the contract it will be a lot harder to prove the personal service element of IR35. You still need someone to sign on behalf of the company though, who has to be an office of the company: hence director or CoSec.

Like all IR35 elements it is not definitive, but as we keep on saying, every little helps.

General view from B&C is that largely this will not help an IR35 argument.