Unbrella or bust

[malvolio]

I work as an offshoot of a helpdesk which says to me inside IR35 all the way.

No it doesn't...

Well to be precise it may do, but it is not guaranteed. For example,

• having to do set hours might appear to be D&C, but given the nature of the work it is not unreasonable and would apply to contractors as much as employees. Similarly having to adhere to performance standards and SLAs. Support work requires that kind of control anyway so is not a pointer to employment in that arena
• If you don't turn up, do you get paid? If you turn up and there is nothing for you to do, do you get paid?
• Are you contractually allowed to send a substitute, perhaps with the client's approval?

Pass any one of those and you are not inside IR35...

[ASB]

I work as an offshoot of a helpdesk which says to me inside IR35 all the way.

You may of course be right. But a help desk doesn't have to be inside. So the question is, are you prepared to risk the cost of getting trhe contract reviewed and possibly changed negotiated against an improvement in your taxation positions.

It's entirely your choice. Only you can decide if it is worth it to you.

[damo111176]

Note if the IR investigate it's not just the contarct that getsa looked into, its your actual job in relation to it....we've had two at ouir place in the last few years and they looked at the individual's job not just their contract so the simple fact that their contract was IR friendly meant nothing as it happened I think they were both ok.

I may well look into getting my contract looked at but £150 is a hell of a lot...and its the afct that you have to keep paprerwork for 6 years so anytime in that period they can investigate.

I appreciate a lot of poeple just think money money money no matter of the risk but when it involves the law I'm gonna try and stay the right side.

[malvolio]

Your choice. On average support rates you're looking to throw away around £10k a year net income for no reason at all - if you think £150 is a lot, I'm surprised you can afford to do that.

And I don't break any laws either.

[Herby]

Hi Guys, Apologies for Hijacking the thread.

I am i a similar position to Damo, earn roughly the same (slightly less) and work in finance.

If i do not work i do not get paid, is this sufficient to be outside of IR35??

I would like to set up my own LTD company and manage it myself. Does anyone else do this and what advice can you kindly give.

Thanks