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IR35 and Holiday

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    IR35 and Holiday

    I need to take some time off - as a contractor I have no right to holiday allowance/holiday pay etc.

    So does taking time off without getting these employee benefits help my IR35 status?

    Thanks

    turbo

    #2
    Yes. Simply take a holiday and IR35 no longer applies.

    It's not like employees ever take unpaid leave is it?

    Comment


      #3
      Originally posted by DimPrawn
      Yes. Simply take a holiday and IR35 no longer applies.

      It's not like employees ever take unpaid leave is it?

      Is it that simple then? Taking an unpaid holiday (or suspending service for representative's leave in contract terms) instantly and categorically puts it outside IR35?

      Not questioning you -- genuinely interested.

      Comment


        #4
        Originally posted by super
        Is it that simple then? Taking an unpaid holiday (or suspending service for representative's leave in contract terms) instantly and categorically puts it outside IR35?
        You need lessons in spotting irony.

        Comment


          #5
          Originally posted by DimPrawn
          Yes. Simply take a holiday and IR35 no longer applies.

          It's not like employees ever take unpaid leave is it?

          Hmm, good point, I forgot about unpaid leave.

          turbo

          Comment


            #6
            Originally posted by turbo
            I need to take some time off - as a contractor I have no right to holiday allowance/holiday pay etc.

            So does taking time off without getting these employee benefits help my IR35 status?

            Thanks

            turbo
            No it doesn't. Being inside IR35 means that you have the tax obligations of an employee and an employer, but does not mean that you get any of the benefits.

            Comment


              #7
              Originally posted by Gonzo
              No it doesn't. Being inside IR35 means that you have the tax obligations of an employee and an employer, but does not mean that you get any of the benefits.
              In other words the IR want their cake and eat it too.

              Comment


                #8
                Originally posted by turbo
                I need to take some time off - as a contractor I have no right to holiday allowance/holiday pay etc.

                So does taking time off without getting these employee benefits help my IR35 status?

                Thanks

                turbo
                Contractors do not take holidays. They go for overseas interviews, Team Building with your fellow directors, Company AGMs, etc etc.
                "A people that elect corrupt politicians, imposters, thieves and traitors are not victims, but accomplices," George Orwell

                Comment


                  #9
                  Which just happen to be in exotic locations

                  Comment

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