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New accountant, IR35

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    New accountant, IR35

    Ok so I got a new accountant but she seemed a little confused when I mentioned IR35, and asked me how confident I was outside of it. I think shes more of a book keeper than a tax accountant tbh.

    I said I felt very confident because:
    a) I employ my g/f who works on over %25 of contracts and income.
    b) This contract goes on for 3 months only. (previous accountant never advised). It doesnt feel permie as its a day rate, on a single project only.

    Should I get each and every contract looked over by someone like qdos first? Will I eventually get a feel for what sits in and out of IR35. I think I do atm.

    #2
    IR35 is on a contract by contract basis, so whilst your girlfriend may work through the company that doesn't mean your contract is outside (or did you mean she substitutes for you?). The fact that it's only three months and is a defined project is good though.

    I'd suggest a contract review if you're not sure, and you could look into joining the PCG.

    As an aside, is your girlfriend a shareholder? Have you considered Section 660a if she is?
    ContractorUK Best Forum Adviser 2013

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      #3
      Originally posted by Clare@InTouch View Post
      IR35 is on a contract by contract basis, so whilst your girlfriend may work through the company that doesn't mean your contract is outside (or did you mean she substitutes for you?). The fact that it's only three months and is a defined project is good though.

      I'd suggest a contract review if you're not sure, and you could look into joining the PCG.

      As an aside, is your girlfriend a shareholder? Have you considered Section 660a if she is?
      She is not a substitute on this contract. She works on other contracts I find and give her the work to do - all offsite.

      She is not a shareholder. What impact does this have?

      Comment


        #4
        WCS.

        If your accountant has questioned your arrangements with your GF and IR35 already I would be looking to jump again personally.

        QDOS review is a must, everytime, although it still doesn't gaurantee IR35 status. Working practices do that as well.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

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          #5
          Originally posted by CodeCobbler View Post
          She is not a substitute on this contract. She works on other contracts I find and give her the work to do - all offsite.

          She is not a shareholder. What impact does this have?
          If she's not involved in your contracts at all, then it has no IR35 impact - your company is just acting as an umbrella for her. She would need to be "stepping into your shoes" on a job in order for it to useful as a defence.

          Having someone as a shareholder who is not your spouse can cause tax issues (re Arctic Systems), so just checking!

          It would be useful to get at least one contract reviewed, that way you could see the review points that come up and it will give you an idea about the type of things that are looked at.
          ContractorUK Best Forum Adviser 2013

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            #6
            Originally posted by northernladuk View Post
            WCS.

            If your accountant has questioned your arrangements with your GF and IR35 already I would be looking to jump again personally.

            QDOS review is a must, everytime, although it still doesn't gaurantee IR35 status. Working practices do that as well.
            I do not need a guarantee, as such is probably not possible anyways. However I would be happy with an expert opinion. How much is it to use the QDOS review service per contract?

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              #7
              Apologies - I just found the price £99! I am guessing you are recommending QDOS?

              Is it worth reviewing a contract retrospectively? I have already completed the contract. The agent indicated that they try to draw up their contracts IR35 friendly when I signed it.

              Comment


                #8
                New accountant time I think. These are basics that should be bread and butter.

                Comment


                  #9
                  Originally posted by Just1morethen View Post
                  New accountant time I think. These are basics that should be bread and butter.
                  Not again...
                  I just got this one and shes local

                  Comment


                    #10
                    Originally posted by CodeCobbler View Post
                    Not again...
                    I just got this one and shes local
                    If you do look to move, it's worth looking at some that have the contracting industry knowledge as it's fraught with legislation
                    http://www.linkedin.com/in/sallyfletcher

                    Comment

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