Originally posted by northernladuk
View Post
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Qdos 42 questions - IR35 Assessment: Has anyone done it already?
Collapse
X
-
-
Originally posted by northernladuk View PostEitehr way, it's a terrible idea.Originally posted by jamesbrown View Post
They can only operate within the legislative framework available. Outside of the MSC legislation, it's actually very hard to transfer a debt to an individual. If due diligence has been performed for IR35, it's essentially impossible in that context. Closing a business to mitigate risk is perfectly fine (insofar as it works). As long as no debts or taxes are being avoided (and HMRC has an opportunity to test this upon closure, which is the real reason I don't think it necessarily works), then there is really no problem. Again, it is not a strategy I would adopt - I would prefer to mitigate risk by not dealing with UK clients - but closing/opening companies is not legislated against, except when avoiding debt or taxes (and HMRC must be notified and can object). The TAAR is a completely separate issue and not relevant unless a capital distribution was obtained.
However, as someone who typically takes a risk averse approach, I'm most likely to avoid any contract which has liability transfer clauses in full stop.Comment
-
Originally posted by ShandyDrinker View PostI wasn't aware of HMRC being in a position to use commercial contract terms between say my limited and a fee payer in order to pursue a debt they have with said fee payer
Comment
-
Originally posted by ShandyDrinker View PostHowever, as someone who typically takes a risk averse approach, I'm most likely to avoid any contract which has liability transfer clauses in full stop.Comment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment