No work....No pay

[Turion]

Yourself as an employee don't

I've been continuously contracting for over 10 years now, with numerous clients, with Ltd Co fully outside IR35.

Getting paid a retainer is fine, if you have other clients, which by the sound of it you don't. Not getting paid anything and hanging about for the client as you plainly are shows that you are a total mug who cannot get decent contracts/clients.

BTW: Don't worry about IR35, the way you're going, you won't be earning enough to make it worth while for HMRC to pursue.

[dx4100]

I've been continuously contracting for over 10 years now, with numerous clients, with Ltd Co fully outside IR35.

Give that man a badge

Getting paid a retainer is fine, if you have other clients, which by the sound of it you don't. Not getting paid anything and hanging about for the client as you plainly are shows that you are a total mug who cannot get decent contracts/clients.

BTW: Don't worry about IR35, the way you're going, you won't be earning enough to make it worth while for HMRC to pursue.

Totally wrong

I will let that slide considering I cast the first stone

Don't be so sensitive, I was only taking the piss

[LisaContractorUmbrella]

"Fair enough...I actually have 3 other contracts like I said... I am looking to maximise the potential of this contract. This contract is my 9 to 5 contract. I work on my other two fixed payment contracts "out of hours" "

IMHO this is not a good indicator. If you view the main contract as 9 to 5 it would be likely to be viewed in the same way by the HMR&C. If you were paid a retainer and then worked on other contracts during 9 and 5 this would be accepted as a retainer - in your circumstances, it could almost be viewed as holiday pay.

Having more than one client is a good indicator for being outside IR35 but not if you do not have the freedom to move between them at will. If you work for one between 9 and 3 and one between 7 and 9 it could be viewed that you just have 2 part-time jobs.

[dx4100]

"Fair enough...I actually have 3 other contracts like I said... I am looking to maximise the potential of this contract. This contract is my 9 to 5 contract. I work on my other two fixed payment contracts "out of hours" "

IMHO this is not a good indicator. If you view the main contract as 9 to 5 it would be likely to be viewed in the same way by the HMR&C. If you were paid a retainer and then worked on other contracts during 9 and 5 this would be accepted as a retainer - in your circumstances, it could almost be viewed as holiday pay.

Having more than one client is a good indicator for being outside IR35 but not if you do not have the freedom to move between them at will. If you work for one between 9 and 3 and one between 7 and 9 it could be viewed that you just have 2 part-time jobs.

No I dont view it as 9 to 5...I was very badly trying to explain the basics of my contracts. The 9 to 5 actually has three guys I supply working on it. They are the hours we work on that contract. We HAVE to be at the clients site for security/ integration reasons. I actually employee other people as well. Dont worry, Im not a "employee".

The other two contracts are being done on a fix payment basis. Other people work on those contracts which again, I supply, I do my bits at night.

Im pretty anal and worried by the whole IR35 thing. In theory supplying other "employees" (they are actually contractors) should keep me safe but rather make sure everything is above board. Can never get enough advice

Sorry to the bloke above. I shouldn't of took the mickey

[LisaContractorUmbrella]

No I dont view it as 9 to 5...I was very badly trying to explain the basics of my contracts. The 9 to 5 actually has three guys I supply working on it. They are the hours we work on that contract. We HAVE to be at the clients site for security/ integration reasons. I actually employee other people as well. Dont worry, Im not a "employee".

The other two contracts are being done on a fix payment basis. Other people work on those contracts which again, I supply, I do my bits at night.

If you have employees there should be no chance of you falling outside IR35 anyway

[dx4100]

If you have employees there should be no chance of you falling outside IR35 anyway

That is the plan...

[LisaContractorUmbrella]

In that case I don't really understand the OP. If you are operating as a business and have other people on your books as employees there should be no question of your IR35 status regardless of whether or not you receive payment via a retainer when you are not working.

[dx4100]

In that case I don't really understand the OP. If you are operating as a business and have other people on your books as employees there should be no question of your IR35 status regardless of whether or not you receive payment via a retainer when you are not working.

Sorry OP ?

I am just being anal... I am like that

Could the tax man not take a view point considering they are all contractors that in fact we arent a real company with real employees.

Every time I read on IR35 it scares the tulip out of me. So I just try to be anal about it.

Anyway, I got the advice I wanted.

Thanks guys...

[LisaContractorUmbrella]

Sorry OP ?

I am just being anal... I am like that

Could the tax man not take a view point considering they are all contractors that in fact we arent a real company with real employees.

Every time I read on IR35 it scares the tulip out of me. So I just try to be anal about it.

Anyway, I got the advice I wanted.

Thanks guys...

OP = Opening Post. Anal is ok - better to be safe than sorry

[TheFaQQer]

Anal is ok - better to be safe than sorry

Lisa - you should know better than to admit that on CUK!!