Both inside and outside IR35 contracts?

**Spartacus** · 15 May 2006, 09:31

Or you sure those contracts are IR35 caught? They would have to be pretty remarkable ones if they were. For example, will your client be able to tell you precisely how to carry out your work (note: not just what to do, but how to do it?). Will they have to pay you if there's no work to do? That's just for starters.

In any case, own Ltd and specialist accountant is the way to go as many of the threads full of umbrella woe on here over the past few weeks have shown.

**BillHicksRIP** · 15 May 2006, 09:34

Hmm. Good point. The ones I think will be caught definitely will not pay me if there's no work to do, and they won't be telling me how to do things, just what they want done. But I doubt they'll swallow a substitution clause in the contract, and the work will be 9-5, same site, regular employee type work.

**Spartacus** · 15 May 2006, 09:39

Originally posted by BillHicksRIP

Hmm. Good point. The ones I think will be caught definitely will not pay me if there's no work to do, and they won't be telling me how to do things, just what they want done. But I doubt they'll swallow a substitution clause in the contract, and the work will be 9-5, same site, regular employee type work.

Lack of substitution rights and regular working hours are only part of the jigsaw. Nothing is conclusive in its own right. Would you, for example, contract someone to fit you a bathroom with the terms that they can do it whenever they feel like it and needn't do it themselves? Didn't think so.

If the client doesn't tell you how to do the work and doesn't have to pay you if there's no work to do, opinion is that this position can be well defended by professionals as outside IR35. Won't stop HMCR having a go at you and has been shown time and time again amateurs defending themselves cannot withstand the HMCR onslaught. Join the PCG just for the insurance aspect and make sure. Their odds of something like 1,000 wins to 3 losses (all of which were bizarre circumstances) suggest they are onto something.

**ASB** · 15 May 2006, 10:09

The one you think are caught don't sound very caught to me, but that is something you are investigation.

To you question of co existance. It's not a problem. There are just some minor complications in the deemed payment calculation. Need yo ensure you pay paye on 95% of the caught work.

Arguably (thin ice) even if the longer term roles you describe are nominally caught you might have an argument against them being caught due to the concurrent nature of the other work (not much of one but it's a further point in your favour).

Both inside and outside IR35 contracts?