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IR35 exempt still?

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    #21
    Originally posted by Lucifer Box
    Obviously not, as most contracts aren't secured by a friend. If the contract you have signed is with your friend, how much cut is he/she taking? Has he/she signed a contract with the client (I don't understand this talk of employers - are you an employee?) or is there another agent in the chain.

    Your contract is with whoever's name is at the top of it.

    He is a permanent employee at his company, but because they would have needed to bring people in Via agencies to do a job, he managed to convince his Bss that his Ltd company( he used to b a contractor) can do the job for a price thereby cutting out any need for agency + he will be using people who he knows can do the job well. This sort of arangements are quite common in Big Financial Orgs.

    So I Guess he(his Ltd Co.) has a contract with his full time employeer (in a capacity as a solution provider) to do the project. He then he has a contract with us to work at his employer's site. there is no agent or anyone else in the chain

    So he brought 4 (all specialist in diff areas) in that he knows to do the job. I am sure he is making lotsa money off us but the main thing is Its a working relationship that favours me cos its my first time working on Trading systems + opportunity to learn C #. Rate is about £50 - £100 less than I probably will get

    I am trying to gauge if working via a contract with him will be the same sort of contractactual relationship I will have, had I gone via an agency?

    This also to access if I am outside of IR35

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      #22
      Originally posted by css_jay99
      I am trying to gauge if working via a contract with him will be the same sort of contractactual relationship I will have, had I gone via an agency?

      This also to access if I am outside of IR35
      Who knows? Without seeing your contract it's impossible to say whether or not it's like a typical agency-contractor contract (which are all subject to negotiation and different from each other anyway). The only contract you can realistically worry about is the one you signed (with your mate). I take it he has engaged you as a contractor rather than as an employee?

      The key thing if you are challenged by HMCR as regards IR35 is your working pattern rather than what the contract says (although a well worded contract certainly helps). If you are really concerned, get Bauer and Cottrell to review the contract and give you a professional opinion. Don't rely on the opinions of unpaid know-nothing nobodies like us as regards something that could cost you £k's.

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