Steed Solutions (composite)

[Lucifer Box]

Flinty, this sort of off-shore arrangement is only worth the risk if you are in a position to leave the country for a long time when HMCR come knocking (and they will, you can be sure of that).

Get out now. The fact that you haven't read, understood or signed the agreement should enable you to get out okay. Be prepared to fight to get your money if the agent has already paid the composite though. The composite may well say you are in breach of contract, but you can rebut that with a mis-selling claim.

Set up your own Ltd and carry on from there. The accountants who frequent this board will help you with that.

Pop Shot: Don't ever, ever, ever do anything this stupid again.

P.S.
Want any double glazing?

[Flinty]

Thanks for the advice

I am already looking into whether the agency have paid any money to them yet and if they haven't I will make sure they don't, then get out now!

As for setting up a Limited Company, I think I will go for an umbrella company for now, especially as I think my current contract is not IR35 compliant, as I am not working on any one particular project and basically I am filling a position in until they find a permanent employee.

[Lucifer Box]

That's your choice of course. My personal feeling is that an umbrella is only worth it if you intend contracting for a very short time.

However, do not be suckered in by umbrellas waving expense dispensations around. Remember at all times, you can only claim expenses that you have incurred and you (not the umbrella) must be able to produce receipts to prove it. If your umbrella says anything other than this, they are lying.

[Flinty]

Expenses

Right, thanks for that advice.

My main concern is that I will be liable for employers NIC if my contract is not IR35 compliant, which would be very expensive.

[Lucifer Box]

Is your contract IR35 compliant or not?

[Flinty]

Ir35?

Having read some of the advice on things that make a contract non-IR35 compliant, I'm not sure that it is. Mainly because my services have not been contracted to complete a single project or fixed piece of work, but on a more ad-hoc basis for technical tasks relating to my area of expertise, in this case software development, to help out on various ongoing projects.

So the answer is that I'm not sure and have concerns that it isn't.

[planetit]

I am already looking into whether the agency have paid any money to them yet and if they haven't I will make sure they don't.

I think you will be lucky to achieve this. After all, the agency will have a contractual obligation to pay the umbrella company.

[Lucifer Box]

Having read some of the advice on things that make a contract non-IR35 compliant, I'm not sure that it is. Mainly because my services have not been contracted to complete a single project or fixed piece of work, but on a more ad-hoc basis for technical tasks relating to my area of expertise, in this case software development, to help out on various ongoing projects.

So the answer is that I'm not sure and have concerns that it isn't.

Get a professional opinion. It's a big decision to make based on you essentially guessing.

[Flinty]

IR35 advice

Could you recommend anyone?

[boredsenseless]

I am already looking into whether the agency have paid any money to them yet and if they haven't I will make sure they don't, then get out now!

And how exactly will you achieve this from your position as mere employee! Its like a consultant working for the BIg 4 getting p155ed off with their employer and going to the client and asking to be paid direct. It just doesn't happen!

If they have been paid you're only option is to go after them for mis-selling since they have invoiced correctly, and they are willing to pay you if you meet the criteria for their payment.

They of course will only have invoiced if they have recieved timesheets or written authority from the client, and guess what if you've filled in a time sheet for them you will almost undoubtedly be deemed to have accepted the conditions.