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[DiscoStu]

Be aware thatyou will still have to go PAYE with your limited, since you can't simply suddenly claim you are IR35 exempt on the same contract you were once PAYE on. You can try, but I'll be sure to send you a cake with a file in it.

Why? If you've moved from brollie to Ltd it's not going to be an issue provided your working conditions and contract are IR35 compliant.

[TheBigYinJames]

Why? If you've moved from brollie to Ltd it's not going to be an issue provided your working conditions and contract are IR35 compliant.

As long as the original contract is IR35 compliant. Since he went through a brolly originally, he may not have checked.

[DiscoStu]

As long as the original contract is IR35 compliant. Since he went through a brolly originally, he may not have checked.

Fair point, definitely advisable to get it checked.

[original PM]

did not go through brolly - was actually PAYE with company.

Role I have taken on is different - more consultancy for business process and IT development than actually PM'ing.

Boss is quite happy that he has no employee control over me what-so-ever but I would probably fail any RoS tests (they want me and no one else) - however if I am not available they will not replace me.

But I will be very careful with regards to IR35 - but i suppose with my father-in-law doing the accounts and with him being good buddies with the local tax inspector I may find I do not have too much to worry about. (in fact having had a beer with the local tax inspector myself I do not see any major problems!)

[Manic]

did not go through brolly - was actually PAYE with company.

Role I have taken on is different - more consultancy for business process and IT development than actually PM'ing.

Boss is quite happy that he has no employee control over me what-so-ever but I would probably fail any RoS tests (they want me and no one else) - however if I am not available they will not replace me.

But I will be very careful with regards to IR35 - but i suppose with my father-in-law doing the accounts and with him being good buddies with the local tax inspector I may find I do not have too much to worry about. (in fact having had a beer with the local tax inspector myself I do not see any major problems!)

Companies tax is usually dealt with more centrally. You may find your office is not the one your new best buddy works in!

[DaveB]

did not go through brolly - was actually PAYE with company.

Role I have taken on is different - more consultancy for business process and IT development than actually PM'ing.

This is exactly the kind of situation IR35 was intended to cover. Finish as a permie on Friday, start as a contractor on Monday.

If you do get an investigation you will have to work very hard to prove that you are in no way performing the same role or have the same responsibilities as before. Hector will immediately declare you caught under IR35 and you will have a very hard time proving otherwise as Hector will simply ask why you couldn't have performed the new role as a permie instead of a contractor.

[DiscoStu]

This is exactly the kind of situation IR35 was intended to cover. Finish as a permie on Friday, start as a contractor on Monday.

If you do get an investigation you will have to work very hard to prove that you are in no way performing the same role or have the same responsibilities as before. Hector will immediately declare you caught under IR35 and you will have a very hard time proving otherwise as Hector will simply ask why you couldn't have performed the new role as a permie instead of a contractor.

What DaveB said.

I'd suggest getting some professional advice before you declare yourself outside IR35 - probably worth speaking to someone at Qdos or Bauer & Cottrell before you tick that box.

[original PM]

Damn

I knew there would be some problems!

I will probably not take the risk on this contract re IR35 hopefully will be able to pick up some more solid o/s IR35 contracts in the future.

I suppose I should also say that I have a background in umbrellas/IR35 and all that legal stuff so no need to pay top dollar for someone to trot out the same advice that has been trotted out to thousands of others!

[Another Dodgy Agent]

What DaveB said.

I'd suggest getting some professional advice before you declare yourself outside IR35 - probably worth speaking to someone at Qdos or Bauer & Cottrell before you tick that box.

Yep agree with that, we provide a pre-approved QDOS contract and the wording is pretty good in terms of IR35 friendliness.

The main snag is you are moving from PAYE to Ltd Co contractor for the same company and that could potentially make you vunerable as it will appear to follow the "disguised employment route". Your one saving factor will be if you can prove you are providing consultancy services, that you are in a position of "risk", that you are able to provide right of substitution etc.

[original PM]

hey dodgy send me a copy of that contract - will buy you a pint!