Payment frequency- Inside & Outside IR35

[northernladuk]

If the place of work is "remote" so it's the OP home then travelling into any of the client's offices is travelling.

Anyway the client won't want to pay the travel expenses unless absolutely necessary so having such a clause in the contract should set to zero the amount of times you have to travel in.

Yep but I'm seeing many roles now being advertised as remote with some travel to clients office so as long as that is in the contract then travelling covered. It's then up to the contractor to make sure that is defined properly so there is no incorrect expectation set. A few days might move in to more days and there will be arguments.

Now we are moving to hybrid clients need to be clearer with their requirements and contractors make sure they don't sign woolly agreements and expenses should disappear no? 100% WFH is no longer the standard and nor is 100% in the office like the old days so needs dealing with properly and any arguments should go away surely.

[Wobblyheed]

Is the client paying the expenses themselves? If not outside IR35 you haven't got a problem but inside inside IR35 the £100 you are getting for traveling to their main site (i.e. your commute to work) will have tax deducted before you receive the end payment.

Not if you you negotiated your home as being classed as your permanent place of employment

[eek]

Not if you you negotiated your home as being classed as your permanent place of employment

Did you not see my subsequent post - which explains why that isn't the case for Umbrella workers who are subject to SDC (as everyone on an inside IR35 contract according to HMRC). Basically it's impossible for an umbrella worker to have a home base office in HMRC's eyes if an actual office exists as HMRC just quotes section 3.17 of Ordinary commuting and private travel (490: Chapter 3) - GOV.UK (www.gov.uk)

Edit see Chargeable Expenses being taxed on my payslip! - Contractor UK Bulletin Board for a recent example

[JackD]

Thanks for all the comments, abit clearer on my terms now, I won’t be paid direct from the company, rather the recruitment agency.

I’ve searched back through old threads on the forum and can see one complaint about being paid late from Jefferson Frank, but can’t see any other issues.

Has anyone dealt with Jefferson Frank, any positive or negative points to mention? It sounds like there are definitely good and bad agency’s in this space, so just wanting to double check.

Thanks again all,

[eek]

Guessing that’s the “outside” contract is from Jefferson Frank (and you are an AWS specialist).

frank group cover specialist markets (Nigel Frank is a big but rarely liked firm in the Dynamics world) and those “outside” determinations may not have solid foundations, in the dynamics world it’s often built on sand.

terms I suspect will be 30 days and monthly billing with little chance to negotiate.

check what the basis of the determination is (end client determination generated and backed by whom / what) and if you aren’t sure come back and we can offer some advice

[JackD]

Guessing that’s the “outside” contract is from Jefferson Frank (and you are an AWS specialist).

frank group cover specialist markets (Nigel Frank is a big but rarely liked firm in the Dynamics world) and those “outside” determinations may not have solid foundations, in the dynamics world it’s often built on sand.

terms I suspect will be 30 days and monthly billing with little chance to negotiate.

check what the basis of the determination is (end client determination generated and backed by whom / what) and if you aren’t sure come back and we can offer some advice

Thanks, I’ll make sure to check on the outside determination - either way, would the liability not sit with either of the companies? I thought that’s where the responsibility sits now?

The terms are weekly timesheets paid monthly, so it sounds like I’ll be paid at the end of the first month, still waiting to get the official contract through

[WTFH]

The terms are weekly timesheets paid monthly, so it sounds like I’ll be paid at the end of the first month

Very unlikely. Weekly timesheets paid monthly on 30 day terms, means you’ll get paid 30 days after then end of the first month. You really need to read the details, and not just pick and choose.

[eek]

Thanks, I’ll make sure to check on the outside determination - either way, would the liability not sit with either of the companies? I thought that’s where the responsibility sits now?

The terms are weekly timesheets paid monthly, so it sounds like I’ll be paid at the end of the first month, still waiting to get the official contract through

Liability sits with the fee payer (agency) and probably ends up back with you see https://forums.contractoruk.com/acco...contracts.html

[JackD]

Very unlikely. Weekly timesheets paid monthly on 30 day terms, means you’ll get paid 30 days after then end of the first month. You really need to read the details, and not just pick and choose.

I agree, I need to read the details once I have the contract. You just cut off my quote right before I said I haven’t got it yet to read, but thanks for picking and choosing what to reply to!

[JackD]

Liability sits with the fee payer (agency) and probably ends up back with you see https://forums.contractoruk.com/acco...contracts.html

Thanks, I appreciate you highlighting that. The end client is a large company with a UK base, but it sounds like the liability would sit with the agency here, so I’d need to check if Jefferson Frank meet any of those requirements £xM amount or >50 employees, if not the liability sits with me?

thanks again for your responses btw!