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perm to contract - IR35 and stuff

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    #21
    Originally posted by TheFaQQer View Post
    That's the bit that would worry me - how can you be redundant if the role still exists for you to do as a contractor? If that's the case, then your redundancy payment isn't valid and would need to be taxed.

    I'd be very wary of this and would talk to a professional employment lawyer about your rights here.
    I'm glad that has been pointed out because I hadn't really thought about it. But for the amount of money involved ( if I got nailed ) its not worth paying for legal advice, I'd just pay up. Its factored into the equation and the ultimate decision. 2 or 3 weeks into a contract and that potential liability is covered. The main motivation behind staying on is cushiness rather than financial.

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      #22
      Originally posted by Zero Liability View Post
      Any sources on that? Sounds interesting, as that is its actual purpose in the end.
      He may have said that, although I don't recall it, but it wasn't the purpose, it was the understandable soundbite that went along with it. If the motivation were that simple, they'd simply legislate for this scenario. Rather, as HMRC argue themselves, it's the exchequer protection and deterrent effect of IR35 that matters, and this relies on the combination of a large number of tax payers within remit and FUD.

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        #23
        Originally posted by rootsnall View Post
        I'm glad that has been pointed out because I hadn't really thought about it. But for the amount of money involved ( if I got nailed ) its not worth paying for legal advice, I'd just pay up. Its factored into the equation and the ultimate decision. 2 or 3 weeks into a contract and that potential liability is covered. The main motivation behind staying on is cushiness rather than financial.
        If you're still going through the redundancy, ring ACAS. They give helpful free advice (not sure on IR35, but definitely on all matters redundancy).

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