P35 Question 6

[Chugnut]

Nope. I asked the same thing when it first kicked off.

FYI PCG have picked up on the excellent data from Mr Puma and HMRC's latest "explanation" and have gone back for fresh advice (talk about moving goalposts). I'm guessing the answer will revert to No/No or No/blank...

Ever get the feeling the people in charge are seriously taking the p*ss?

Damn right I do. There's just a total disregard to the consequences of their constant meddling.

I've always thought that a fluctuating salary level from one year to the next was no grounds to have an investigation opened (there's actually no proof that it is but it is a widely held suspicion). Depending upon the contracts you take, you could be on a small salary / divs one year and full salary the next. All you're doing is applying the legislation correctly.

Let's hope the PCG get some clarity. Although I think they are likely to get a different response every time. Total anarchy.

[Ruprect]

Nope. I asked the same thing when it first kicked off.

FYI PCG have picked up on the excellent data from Mr Puma and HMRC's latest "explanation" and have gone back for fresh advice (talk about moving goalposts). I'm guessing the answer will revert to No/No or No/blank...

Ever get the feeling the people in charge are seriously taking the p*ss?

totally incompetent

[Chugnut]

Hector speaks - http://www.hmrc.gov.uk/employers/200...35-Quest-6.htm

[KevinS]

According to this:

The first question should be answered yes if:

* an individual personally performs services for a client and the services are provided not under a contract directly between the client and the worker but under arrangements involving the limited company, limited liability partnership or general partnership (the service company)

just about everybody should be answering yes...

[dude69]

Hector speaks - http://www.hmrc.gov.uk/employers/200...35-Quest-6.htm

And the correct answer is Yes/No

But if you've already completed the P35 with no/no, you have nothing to worry about.

What is the date of that notice?

[Chugnut]

And the correct answer is Yes/No

But if you've already completed the P35 with no/no, you have nothing to worry about.

What is the date of that notice?

Yesterday (22nd) - http://www.hmrc.gov.uk/news/index.htm

[malvolio]

Don't get too excited. The second part of their explanation for the first question is to answer yes if the limited company, limited liability partnership or general partnership’s (the service company) business consists wholly or mainly of providing the services of individuals to clients

Well I could be wrong, but isn't that EDS? Or Accenture? Or Reed Group? Or the company that cleans my windows?

I don't think that clarifies anything at all, really...

[Pickle2]

And the correct answer is Yes/No

But if you've already completed the P35 with no/no, you have nothing to worry about.

What is the date of that notice?

Eh, surely the answer is no/no. I dont personally provide anything, my ltd company does.

an individual personally performs services for a client and the services are provided not under a contract directly between the client and the worker but under arrangements involving the limited company, limited liability partnership or general partnership (the service company)

[rawly]

According to this:



just about everybody should be answering yes...

Are you Sure?

"The term service company relates to limited companies, limited liability partnerships and general partnerships within the range of the Intermediaries legislation (IR35) or the Managed Service Company legislation (Chapters 8 or 9 ITEPA, respectively)."

The ICAEW think anyone who passes IR35 under Chapter 8 is not included?

[moorfield]

Doesn't say anything about the linked question on the SA. No/No on the P35 and No on the SA to be consistent.