Pre-sales gig and IR35

**northernladuk** · 26 January 2012, 20:52

What they call you doesn't matter, it is how your client treat you. I think it is a bit devious the client co wanting you to say you work for them but that is their problem. As long as they don't treat you like an employee they can call you Genghis Khan King of the Mongols for all HMRC care.

**Harmonic** · 26 January 2012, 21:01

I'm used to lying to clients about who I work for

Back when I was in server pre-sales for a certain large blue vendor I used to be on sales calls with resellers and they'd always ask me to say I was from the reseller not the vendor to make it look like they had decent techies.

**pmeswani** · 26 January 2012, 21:16

Originally posted by Harmonic View Post

My CV is in for a pre-sales gig and I've been sent a full job description.
My one thought was that in a pre-sales role when meeting ClientCo's clients unless the truth is made very clear , and I'd think that unlikely, it will be assumed and possibly even explicitly stated that I work for ClientCo.
Surely this is a one way ticket to IR35ville. Is anyone working a (ClientCo's) client facing gig and still managing to stay out of IR35?
If I'm going to be clobbered by Hector then the rate just doesn't stack up.

If you were working for a client on a non-client facing role, how would you answer the phone when a client calls up? Would you answer the phone "Morning, Harmonic of MyLtdCo speaking, how can I help?", or would you answer the phone "Morning, Harmonic of ClientCo speaking, how can I help?". Forget about the actual construction of the sentance, but if you answered the phone and represented your own Ltd company, I would expect the client to frog march you out of the building.

As far as the client's customer is concerned, you are representing your client. They don't care that you are a contractor with your own Ltd company or not. I can't see how HMRC would see this as being an IR35 pointer to be honest. But if anyone has any case / proof to the contrary, I would be interested in hearing it.

**TheFaQQer** · 26 January 2012, 21:24

Originally posted by northernladuk View Post

What they call you doesn't matter, it is how your client treat you.

WHS.

In the past, I've been in this position a number of times - I can't think of ever being asked by anyone whether I actually worked for the client or not.

**PTP** · 26 January 2012, 22:42

Agree with pmeswani that the end customer not knowing you aren't employed by ClientCo shouldn't be an issue - I've seen many working for banks on the phone.

In case you're interested, here's a recent case that I think you might be interested in. It's one where the end client is likely to have thought the rep was an employee when they were self-employed. It might give a few examples of things you should avoid / look out for More weight to IR35

**LisaContractorUmbrella** · 27 January 2012, 08:55

Harmonic are there going to be other people at the client site doing the same job that you will be doing or have you been bought in specifically

**Harmonic** · 27 January 2012, 16:36

Originally posted by LisaContractorUmbrella View Post

Harmonic are there going to be other people at the client site doing the same job that you will be doing or have you been bought in specifically

Not sure yet but I think they're looking for additional resource to help with the team's workload, which is what makes me think I may be walking and quacking like an employee.

**northernladuk** · 27 January 2012, 16:39

Originally posted by Harmonic View Post

Not sure yet but I think they're looking for additional resource to help with the team's workload, which is what makes me think I may be walking and quacking like an employee.

Lucky IR35 isn't based on a positive outlook hey

Pre-sales gig and IR35