IR35 Question

[Gonzo]

I don't understand how the OP intends to pay themselves.

If they are billing through this company that they only own 50% of the shares of, then as far as I can see the only options are to pay salary which would be subject to all the same taxes as using the umbrella, or pay themselves dividends - 50% of which will have to go to the other shareholder(s).

How would they be any better off?

[TheFaQQer]

This is not correct. Multiple concurrent clients goes a long way to displaying that one is "in business on ones own account" i.e. not an employee.

I think that the key word there is concurrent - if you are working the same 3 days a week with company A, then two days with B every week, then I don't think you'd be able to argue the difference between being a business and being an employee with two jobs (like firemen, for example).

If, however, you can flit between the two whenever you need to, then you are in a much better position to argue that it's a business rather than employee.

[deckster]

I think that the key word there is concurrent - if you are working the same 3 days a week with company A, then two days with B every week, then I don't think you'd be able to argue the difference between being a business and being an employee with two jobs (like firemen, for example).

Thankyou. The OP has already said

"My 3 days a week are very much 'Employee' like with reasonable working hours expectations and working to the client's specific requirements."

If he is currently inside IR35 wrt this contract, doing something else with the rest of the week isn't going to magically change this.

[Qdos Contractor]

And you base this on what? Time and time again the point has been made that each contract is evaluated in isolation and that multiple clients have no effect whatsoever.

The contract is evaluated in isolation, but this also encompasses the contractor's business practices during the period of the agreement in question.

Concurrent contracts will definitely have an impact in an enquiry. It's not as pivotal an issue as substitution or control, but it is clearly indicative of a genuine business.

That is based on 1000+ successful IR35 enquiries.

[Qdos Contractor]

If he is currently inside IR35 wrt this contract, doing something else with the rest of the week isn't going to magically change this.

Correct.

[AnthonyQuinn]

Thanks a Lot

Thanks a lot for your help. great to avoid the sharks and get good advice here.