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Potential full-time contract (inside IR35)

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    #21
    Originally posted by DirtyDog View Post
    In this case, the client is looking to take on an employee. The OP is taking the "contract" on the understanding that they are an employee of the company. Given those, I'd suggest that a confirmation of arrangements is absolutely NOT what you want in this case.

    The "client" wants to avoid paying the costs of having a UK operation with genuine employees, so gets the UK-based staff to work as contractors. Contractors take the work and make out that they aren't employees of the client, so the government take is reduced.

    And we wonder why the government introduces legislation like IR35 and we end up in massive debt as a country.
    If they are the facts, they would likely be borne out. If the relationship is one of "disguised employment" under the terms of IR35, then that's what it is. The point of a CoA, and any due diligence for that matter, is to provide the evidence needed to demonstrate an outside position (and to avoid penalties for not assessing risk). It would be a risky proposition to knowingly work inside, regardless of where the client is based.

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      #22
      Originally posted by DirtyDog View Post
      In this case, the client is looking to take on an employee. The OP is taking the "contract" on the understanding that they are an employee of the company. Given those, I'd suggest that a confirmation of arrangements is absolutely NOT what you want in this case.

      The "client" wants to avoid paying the costs of having a UK operation with genuine employees, so gets the UK-based staff to work as contractors. Contractors take the work and make out that they aren't employees of the client, so the government take is reduced.

      And we wonder why the government introduces legislation like IR35 and we end up in massive debt as a country.
      I think it's for this reason that, from my one experience at least, that they only wanted to deal with sole traders rather than Ltds.

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