**termination with no notice** clauses**

[Boo]

That's different though. IR35 applies to an individual contractor working as a disguised employee for the purposes of a specific contract.

IR35 applies to workers provided through intermediaries and could equally apply to big companies as one man bands. There is nothing in the Intermediaries Legislation that refers to company size. The fact is that payment terms on termination of contract have nothing to do with IR35: MOO and payment in lieu of contractual notice are two entirely different things.

Boo

[LisaContractorUmbrella]

IR35 applies to workers provided through intermediaries and could equally apply to big companies as one man bands. There is nothing in the Intermediaries Legislation that refers to company size. The fact is that payment terms on termination of contract have nothing to do with IR35: MOO and payment in lieu of contractual notice are two entirely different things.

Boo

But IR35 refers to the taxation of the individual and whether or not they are a disguised employee and therefore not permitted to draw dividends rather than receive payment through PAYE. The 'intermediary', following the introduction of the MSC legislation, can only be a single person Ltd Co. When IR35 was introduced in 1999 managed service companies that paid in dividends were still permitted

[TheFaQQer]

IR35 applies to workers provided through intermediaries and could equally apply to big companies as one man bands. There is nothing in the Intermediaries Legislation that refers to company size. The fact is that payment terms on termination of contract have nothing to do with IR35: MOO and payment in lieu of contractual notice are two entirely different things.

Boo

IIRC, IR35 only applies in companies where the main worker holds 20% of the shares or more. I'd have to look it up, but it doesn't apply to big companies.

Edit (from HMRC)

Does the company or partnership I work through meet the IR35 qualifying conditions?

If your services are supplied through a company, and the company does not meet the definition of a Managed Service Company, the IR35 rules apply if:

• you (or your family*) control more than 5 per cent of the ordinary share capital of the company, or
• you (or your family*) are entitled to receive more than 5 per cent of any dividends from the company, or
• you receive, or could receive, payments or benefits from the company which are not salary, but could reasonably be taken to represent payment for the services you provide to clients.

If your services are supplied through a partnership of which you are a partner, and the partnership does not meet the definition of a Managed Service Company, The IR35 rules apply if:

• you (or your family*) are entitled to 60 per cent or more of the profits of the partnership, or
• all or most of the partnership's income comes from providing services to a single client, or
• the profit sharing arrangements in the partnership are designed to ensure that you receive an amount based on the payments received for your services to clients.

[SueEllen]

But IR35 refers to the taxation of the individual and whether or not they are a disguised employee and therefore not permitted to draw dividends rather than receive payment through PAYE. The 'intermediary', following the introduction of the MSC legislation, can only be a single person Ltd Co. When IR35 was introduced in 1999 managed service companies that paid in dividends were still permitted

From the HMRC link the "single person limited company" part is incorrect. This allows them to go after any family business where there is only one client.