Can someone explain this to me? I understand that a key purpose of IR35 was to catch the Friday to Monday contractor, and the the Business Entity Tests reflect this, but does it have any status in law?
Now, if your working arrangements are the same as before, then you are most likely caught. But if you contract to work on defined deliverables, then you're not caught. So does the Friday to Monday make any material difference to the true legal status (not likelihood of investigation by HMRC, or likelihood that you don't sort out the working arrangements).
I wonder if we are fooled by received wisdom, and if the correct advice should be:
- Get your contract reviewed
- Be sure of your working arrangements
- Operate outside IR35 (unless of course you actually really are inside)
- Join PCG / get insurance
Now, if your working arrangements are the same as before, then you are most likely caught. But if you contract to work on defined deliverables, then you're not caught. So does the Friday to Monday make any material difference to the true legal status (not likelihood of investigation by HMRC, or likelihood that you don't sort out the working arrangements).
I wonder if we are fooled by received wisdom, and if the correct advice should be:
- Get your contract reviewed
- Be sure of your working arrangements
- Operate outside IR35 (unless of course you actually really are inside)
- Join PCG / get insurance
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