IR35 loses appeal case

[techno]

You dont even know what business I am in so dont think thats a particularly relevant comment to which I wont bother defending....read my next post...

So they have no control over how much time you do or dont spend on the project?

sector you have already proven you are not in business....

[smalldog]

sector you have already proven you are not in business....

I am actually in business across two sectors, I own a property company and work in a contract..is that ok??

[Archangel]

It absolutely does....read the transcript which is now a test case...And as you are so aware of how courts work you will know that test cases such as these define practical law and ratify passed bills...
Snip

Cases before the commissioners do not set "test cases" (or precedence), only the courts do that.

[smalldog]

Cases before the commissioners do not set "test cases" (or precedence), only the courts do that.

archangel, thats interesting I didnt know that....

[techno]

I am actually in business across two sectors, I own a property company and work in a contract..is that ok??

I don't know... are you okay? Do you want to talk about it...?

[smalldog]

I don't know... are you okay? Do you want to talk about it...?

very good...give u that one

[malvolio]

archangel, thats interesting I didnt know that....

then you wonder why I stopped arguing...

[smalldog]

then you wonder why I stopped arguing...

Mal u didnt mention that....or I would be saying the same thing to you...

[blacjac]

I am actually in business across two sectors, I own a property company and work in a contract..is that ok??

Do you ask the customers for your property company if it's ok to take a holiday?

Or do you take holidays from it when you want and arrange for someone else to cover your work if needed?

[smalldog]

Blacjac a Buy to let property business doesnt really work like that. But to apply your logic to that example in a real case....

I have a flat with new tenants moving in on the 20th June, prior to them moving in I have to remove some furniture and put some shelves up for their arrival. Its part of my contract to do this prior to that date so I must deliver on that promise. Now if I can get this done using my judgement on when its convenient for me to do it then all good as long as its before the 20th....

Lets take that exact paragraph and use it again with some substitutions:

I have a CONTRACT with new CLIENT to deliver a project on the 20th June, . Its part of my contract to do this work prior to that date so I must deliver on that promise. Now if I can get this done using my judgement on when its convenient for me to do it then all good as long as its before the 20th....

Big big difference between the two....in the first one I dont get paid per day for my services, in fact I dont get paid at all, now if the project in the second instance was a fixed price piece of work, say I get £10k for delivering the project then its exactly the same and I agree. BUT if I get paid for the days I am working on the project then its not the same and isnt comparable. Also remember that the work I do in the first instance is to assure revenue by my tenants moving in, I dont get any pay or revenue from carrying out those actions directly....

I dont know anyone who works in the contract industry as a freelancer who gets paid fixed price, Im sure they are out there though but I see them well clear of IR35. And in the world of being a BTL landlord you are never not working, its 24/7 365...If a pipe bursts you cant say "sorry mate drown Im on holiday"