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IR35 - I am inside or outside ?

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    IR35 - I am inside or outside ?

    Hi, I am working as a Contractor (Limited Company) from 2014 and have 5 clients usually each month (working fully from home - accountancy). Please let me know if I am inside IR35 or not ?
    I received from one of my clients INDEPENDENT IR35 ASSESSMENT form to do and pay for it £125.00 plus VAT and I am just worried if is point to do it. I am not VAT register but I will. Do I have a chance to stay as a contractor outside the IR35?
    Thank you

    #2
    It doesn’t matter how many clients you have, it depends on the contracts you have with them and your working practices.

    And since we don’t know what they are, we have no idea if you are inside or outside.
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
    - Voltaire/Benjamin Franklin/Anne Frank...

    Comment


      #3
      VAT registration is a red herring and receiving a bill for something +VAT shouldn't be a registration trigger. If you are under the threshold you shouldn't have to unless you're incurring a lot of input VAT that you'd be better off claiming.

      But, as you're an accountant, you already know that...

      As cojak says, you will have to review the terms of each contract you have with your clients to determine if all / some / none of them are caught.

      You have much reading to do ---->

      Comment


        #4
        ... even if I have different clients each Months? only one Client is the same every Month - all others not

        Comment


          #5
          Originally posted by ANIAKATE View Post
          ... even if I have different clients each Months? only one Client is the same every Month - all others not
          It doesn’t make any difference

          the question comes down to how does every client individually regard you - as a service provider or an employee? With accountancy it may also be more difficult due to post holder rules.

          merely at clientco for the entertainment

          Comment


            #6
            I you have to ask a question like this you have to be inside. There are pretty specific actions required to make you outside, it rarely just happens. If you have no idea what they are I struggle to see that you've met them by chance. Really poor approach to your job if you have to ask these questions. Pull your finger out and learn what you do.

            Just to add, in 10 days time it won't be you that has to make the determination (in most cases) and it appears this has completely passed you by as well. Frightening lack of knowledge around what you do for a living. Buck up.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              IR35 - I am inside or outside ?

              I've not read the thread yet, but i think a fairly standard response can be

              "If you have to ask, you're likely inside".

              Comment


                #8
                Having several clients is a pointer to being outside but not the only criteria.

                Here are some examples of determinations:

                https://www.gov.uk/government/public...ing-rules-ir35


                Susan is found to be outside of the scope of the off-payroll working rules for a number of reasons, including:
                • Susan is paid for work completed not by the day
                • she works at a location of her choosing
                • she can work for multiple clients
                If you're paid for work done and not by the hour you're outside. If not you have to look a bit further at direction and control. The main thing would be contracts or agreements to produce deliverables even though you charge your hourly rate.
                Last edited by BlasterBates; 30 March 2021, 09:03.
                I'm alright Jack

                Comment


                  #9
                  Originally posted by ladymuck View Post
                  VAT registration is a red herring and receiving a bill for something +VAT shouldn't be a registration trigger. If you are under the threshold you shouldn't have to unless you're incurring a lot of input VAT that you'd be better off claiming.

                  But, as you're an accountant, you already know that...

                  As cojak says, you will have to review the terms of each contract you have with your clients to determine if all / some / none of them are caught.

                  You have much reading to do ---->
                  Doing "accountancy" is something anyone can do. I do it. Although calling it bookkeeping is more common
                  Being an accountant is very different.
                  Note that I also do "gas" work, but nobody should ever hire me as I'm not qualified or safe

                  The OP is almost certainly the former.
                  See You Next Tuesday

                  Comment


                    #10
                    Originally posted by Lance View Post

                    Doing "accountancy" is something anyone can do. I do it. Although calling it bookkeeping is more common
                    Being an accountant is very different.
                    Note that I also do "gas" work, but nobody should ever hire me as I'm not qualified or safe

                    The OP is almost certainly the former.
                    I forgot the sarcasm tags, sorry.

                    Comment

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