An extract from the guidelines for part 1 is.......
The first question should be answered yes if:
• an individual performed services (intellectual, manual or a mixture of the two) for a client or clients, and
• the services were provided under a contract between the client and the company of which, at any time during the tax year, the individual performing the services was a shareholder, and
• the company’s income was, at any time during the tax year, derived wholly or mainly (that is, more than half of it) from the services performed by the shareholders personally.
What are peoples thoughts on giving/selling my shares, so the Misses owns 100% of the company, and for me to continue as an employee? Wouldn't that mean the bullets 2 & 3 can be answered as "No", and therefore part 1 is "No"?
The question would still need to be answered as Yes as it's for the year leading upto April '09 - but would it help for next year?
(OK, I know most of the answers will be YOU MUST BE MAD!
but what are peoples thoughts from a tax/IR35 point of view?)
The first question should be answered yes if:
• an individual performed services (intellectual, manual or a mixture of the two) for a client or clients, and
• the services were provided under a contract between the client and the company of which, at any time during the tax year, the individual performing the services was a shareholder, and
• the company’s income was, at any time during the tax year, derived wholly or mainly (that is, more than half of it) from the services performed by the shareholders personally.
What are peoples thoughts on giving/selling my shares, so the Misses owns 100% of the company, and for me to continue as an employee? Wouldn't that mean the bullets 2 & 3 can be answered as "No", and therefore part 1 is "No"?
The question would still need to be answered as Yes as it's for the year leading upto April '09 - but would it help for next year?
(OK, I know most of the answers will be YOU MUST BE MAD!
but what are peoples thoughts from a tax/IR35 point of view?)
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