Is going limited worth it if you are inside IR35?

[northernladuk]

Sounds like your inside mate. Sorry. If your counting on those factors your open.

What? LOL... Permies get enforced leave.... Contractors don't. It really is as black and white as that. And if that thinking is putting me inside... well...

[malvolio]

Sounds like your inside mate. Sorry. If your counting on those factors your open.

Hate to be picky but I've been following the IR35 legislation and the associated case law since Day 1, and have had long discussions with people like Abbey Tax and Lawspeed about the golden rules (an dI hosted a seminar on them a few weeks back). Hell I even wrote the Potted Guide to IR35 which everyone - including several professionals - have said is a good if brief summary for the unwary. Perhaps you should read it sometime.

I also know Meades and have due respect for their opinions. On this one, though, I fear someone is missing the point: I doubt it's the pros and I rather doubt it's us.

The Control element is if the client sends you home when there is work to be done that is within your scope to do, like the banks like to do over Christmas. If there's actually no work to be done - as in the classic case law precedent when the worker's servers had failed and the contractors were sent off without pay - then there is not only no control, there is demonstrably zero mutuality.

So, want to try again?

[administrator]

Listen to what people are telling you, Chards. I'm watching you

[northernladuk]

Listen to what people are telling you, Chards. I'm watching you

His name is Clods, not chards.

[Chods]

Listen to what people are telling you, Chards. I'm watching you

Right, firstly MOO is these days almost being seen as neutral. i.e. A pass on only this means it is only a very weak pass.

My previous posts i was refering to the poster who mentioned that they had been led to believe that because they had been told they had to take 2 weeks off, (some companies call this furlough, banks do it in lean times), that they believed this to be a pointer that put them outside of IR35.

This question was put directly to Louise Williamson of Meades contractors at a PCG IR35 workshop that I attended. Her answer was straight and simple, and it was that she would not like to see this happen as it implies there is control.

Those are the facts. Now if you think Louise is wrong then please contact her and ask directly.

Personally I do run my company as a business and I am outside of IR35. I dont really want to get into an argument about IR35 I was just adding my 2 pence worth.

[malvolio]

Right, firstly MOO is these days almost being seen as neutral. i.e. A pass on only this means it is only a very weak pass.

My previous posts i was refering to the poster who mentioned that they had been led to believe that because they had been told they had to take 2 weeks off, (some companies call this furlough, banks do it in lean times), that they believed this to be a pointer that put them outside of IR35.

This question was put directly to Louise Williamson of Meades contractors at a PCG IR35 workshop that I attended. Her answer was straight and simple, and it was that she would not like to see this happen as it implies there is control.

Those are the facts. Now if you think Louise is wrong then please contact her and ask directly.

Personally I do run my company as a business and I am outside of IR35. I dont really want to get into an argument about IR35 I was just adding my 2 pence worth.

And I said equally clearly that there is a distinction between being told to take time off and going unpaid when there is no work for you to do. I think Louise and I are in violent agreement. You however, as I said earler, are missing the point.

And MOO is not "a weak pointer", it is a determinant in several tribunal appeals going back to the original RMC case. The weak one is RoS, but would still be grounds for an appeal.

[Chods]

And I said equally clearly that there is a distinction between being told to take time off and going unpaid when there is no work for you to do. I think Louise and I are in violent agreement. You however, as I said earler, are missing the point.

As stated earlier the guy was talking about forced leave or furlough and I simply answered his question saying it was not a pointer of being outside of IR35 which you seem to be in agreement with and is true.

And MOO is not "a weak pointer", it is a determinant in several tribunal appeals going back to the original RMC case. The weak one is RoS, but would still be grounds for an appeal.

I dont think thats right, speak to QDOS who will tell you MOO is an iffy one these days. RoS is strong if its unfettered and has ideally been executed. Perhaps the person who commented earlier from QDos can advise.

[administrator]

His name is Clods, not chards.

Eh? Who? Busy day, sorry! Was thinking of growing some chard this year. Or is that somewhere near Bridgwater? I am confused....

I dont really want to get into an argument about IR35 I was just adding my 2 pence worth.

Argument is fine, as long as we all keep it civil.

[malvolio]

As stated earlier the guy was talking about forced leave or furlough and I simply answered his question saying it was not a pointer of being outside of IR35 which you seem to be in agreement with and is true.

Nope, still don't get it, do you

I dont think thats right, speak to QDOS who will tell you MOO is an iffy one these days. RoS is strong if its unfettered and has ideally been executed. Perhaps the person who commented earlier from QDos can aevise.

TEll that to Dragonfly. Meanwhile I'll stick with the advice from PCG and Abbey Tax and extant Case Law thanks

[Chods]

Sorry, to make this simple.

If you are told to take time off as furlough. Is that an indicator of being inside or outside IR35 as you see it?