IR35 reportedly amended to exclude wholly overseas organisations..?

[jamesbrown]

Brexit aside, what's to stop somebody setting up a company in Spain and that company enters into a contract with a London bank, then the work is actually sub-contracted to a UK PSC. Spanish firm invoices London bank. UK PSC invoices Spanish firm. Bit more complexity and expense but why would this not work?

Not sure you’re following this. If there’s a UK entity anywhere in the supply chain above the PSC, then that entity is the Fee Payer. There’s no clever wheeze involving overseas supply chains. Either it’s fully overseas or it isn’t. A UK bank “isn’t”.

[eek]

More madness. That setup would mean I still operate a UK company, still contribute to the UK tax system and economy. The alternative is just selling up in the UK, moving here (Malaga) and setting up a Spanish company. What's the difference flying into London for 3 days on site vs taking the train down from Northern England? Probably cheaper.

3 days a week here every week and you will be expected to pay UK tax anyway..

[Lance]

Brexit? What's that? What's going on?

ask your accountant.


or use Google to search the forums.

[oliverson]

3 days a week here every week and you will be expected to pay UK tax anyway..

Is that right? Spanish company with work carried out by Spanish resident with 3 days on UK site. Apologies if I'm being thick here.

[skysies]

Is that right? Spanish company with work carried out by Spanish resident with 3 days on UK site. Apologies if I'm being thick here.

Do you need to establish a non-residency in the UK for that to work? Working 3 days onsite in the UK will put you above the min number of days they allow, which is very few indeed.

[skysies]

3 days a week here every week and you will be expected to pay UK tax anyway..

I think he is not asking whether he will be paying tax in the UK, but rather whether he will be declared outside IR35 with this "new legislation". My take however is that it will apply when your client is outside the UK?

[eek]

I think he is not asking whether he will be paying tax in the UK, but rather whether he will be declared outside IR35 with this "new legislation". My take however is that it will apply when your client is outside the UK?

The question I was answering was

What's the difference flying into London for 3 days on site vs taking the train down from Northern England? Probably cheaper.

And the answer is that apart from the cost of the flight nothing changes as you will be in the UK often enough for HMRC to deem you working in the UK..

[mookiemoo]

And still non the wiser.......

Its all about me, I know but...

Me -> My Ltd -> uK Agency -> French consultancy -> UK Large company that uses contractors

1. UK large company that uses contractors doesn't see me as one of their contractors as I'm not doing work for them but for the consultancy doing the implementation - says I'm no different to them than Jacques Cousteau from Paris.

2. French consultancy - What is ir35? You're working on a french project and the only person on site in the UK purely to enable comms.

3. Agency - of course its outside IR35. Hoe can you be under SD&C since you are the only person in the UK and anyway, you have a French contract not a UK one. And here's an email confirming its outside of IR35

4. Me - confused.com but carrying on BAU

[northernladuk]

1. UK large company that uses contractors doesn't see me as one of their contractors as I'm not doing work for them but for the consultancy doing the implementation - says I'm no different to them than Jacques Cousteau from Paris.

Dead?

[eek]

Its all about me, I know but...

Me -> My Ltd -> uK Agency -> French consultancy -> UK Large company that uses contractors

1. UK large company that uses contractors doesn't see me as one of their contractors as I'm not doing work for them but for the consultancy doing the implementation - says I'm no different to them than Jacques Cousteau from Paris.

2. French consultancy - What is ir35? You're working on a french project and the only person on site in the UK purely to enable comms.

3. Agency - of course its outside IR35. Hoe can you be under SD&C since you are the only person in the UK and anyway, you have a French contract not a UK one. And here's an email confirming its outside of IR35

4. Me - confused.com but carrying on BAU

You ideally need a determination but you aren't going to get one unless the UK agency get's organised and provides it to you. Now it should say outside but it is up to the agency to handle...