Free lunch (is there such a thing?)

[blitter]

In my next contract (going through my Ltd Co, contract has been deemed outside IR35), the workplace offers everyone in the building a free lunch each day.

I suspect in the eyes of HMRC if I was to partake in this, it is added evidence for them to call me an employee and argue that I am IR35 caught.

So... should I (reluctantly) steer clear in case of complications in a future HMRC investigation?

[Turion]

Take your own lunch and eat it outside the company premises. Do they offer use of toilets? If so, you should avoid using those. Go in your lunch box and dispose of it at home.

[thunderlizard]

No, lunch has nothing to do with it.

[themistry]

Take your own lunch and eat it outside the company premises. Do they offer use of toilets? If so, you should avoid using those. Go in your lunch box and dispose of it at home.

[chris79]

Some people get too paranoid about IR35. Just eat the free lunch.*



* I am not qualified or experienced enough in this field to offer this as professional advice. I take no responsibility for actions caused directly or indirectly as a result of my posting.

[NickFitz]

In my next contract (going through my Ltd Co, contract has been deemed outside IR35), the workplace offers everyone in the building a free lunch each day.

I suspect in the eyes of HMRC if I was to partake in this, it is added evidence for them to call me an employee and argue that I am IR35 caught.

So... should I (reluctantly) steer clear in case of complications in a future HMRC investigation?

If it's queried, point out that you neither sought nor expected a free lunch. However, it seemed from the attitudes of those with whom you had to integrate for the successful accomplishment of your contractual obligations that your acceptance of the free lunch would have positive benefits by establishing an appropriate social context in which to build the working relationship without which you could not properly fulfil your client's requirements.

Just to be on the safe side, bill them for the time taken eating the free lunch. This makes it clear that the lunch was merely a burden imposed by the commercial necessity of working closely with the client team, and not something you would have chosen for yourself.

[pmeswani]

In my next contract (going through my Ltd Co, contract has been deemed outside IR35), the workplace offers everyone in the building a free lunch each day.

I suspect in the eyes of HMRC if I was to partake in this, it is added evidence for them to call me an employee and argue that I am IR35 caught.

So... should I (reluctantly) steer clear in case of complications in a future HMRC investigation?

Does your place of work keep records of who has the free lunch? If not, I wouldn't worry about it. I eat the free fruit at work. There is no way for HMRC to verify that I take the free fruit.

[blitter]

If it's queried, point out that you neither sought nor expected a free lunch. However, it seemed from the attitudes of those with whom you had to integrate for the successful accomplishment of your contractual obligations that your acceptance of the free lunch would have positive benefits by establishing an appropriate social context in which to build the working relationship without which you could not properly fulfil your client's requirements.

Just to be on the safe side, bill them for the time taken eating the free lunch. This makes it clear that the lunch was merely a burden imposed by the commercial necessity of working closely with the client team, and not something you would have chosen for yourself.

I like that idea... Thanks for the advice guys, I know it may have seemed like a stupid question but IMHO its safer to be paranoid about these things.

[Badger]

I did some contract work at mcDonalds a few years back and each day the employees and contractors get a lunch voucher for the on site McD's.

There were some very fat people there.

[themistry]

I did some contract work at mcDonalds a few years back and each day the employees and contractors get a lunch voucher for the on site McD's.

There were some very fat people there.

Does this include you?