Originally posted by Craig@InTouch
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sub-contracting / IR35 implications
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Originally posted by LisaContractorUmbrella View PostNot sure I'm with you Craig - being in business on your own account in this way would prove that you're not employed surely?
As we all know, IR35 is based on a contract per contract basis. Having 2 simultaneous contracts does not mean your not employed. You could be deemed to be an employee on one and not the other. You can't escape this fact by law by arguing being business on your own account. There is no case to support this and doesn't remove the underlying facts of RMC (employee test) which all IR35 cases refer to and is the foundation.Comment
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Originally posted by Craig@InTouch View PostTo just clarify on this point that trying to demonstrate being in business on your own account isn't going to help or win an IR35 case at Tribunal.Comment
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Originally posted by jamesbrown View Post(i.e. the BETs .
Seriously though, I agree they do refer to secondary factors in some cases but it always comes down to the 3 major factors of employee status.Comment
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Originally posted by Craig@InTouch View Post
Seriously though, I agree they do refer to secondary factors in some cases but it always comes down to the 3 major factors of employee status.
"ECR is in business on its own account. Elaine produced to the Tribunal copy business cards and company stationery. ECR operates from a dedicated business area at her home. It has company domain and website. ECR advertises its services and is a member of the PCG. It has retained reserves and invested in development and has over the years taken on fixed price work for a variety of clients."
These aren't things that you'd go out of your way to demonstrate, but it would also be a little odd to not demonstrate them by default, as a real business.Comment
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Originally posted by jamesbrown View Post"ECR is in business on its own account. Elaine produced to the Tribunal copy business cards and company stationery. ECR operates from a dedicated business area at her home. It has company domain and website. ECR advertises its services and is a member of the PCG. It has retained reserves and invested in development and has over the years taken on fixed price work for a variety of clients."Comment
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