IR35 Questions

[garethevans1986]

Hello all,

My first thread here on CUK!

Right then, some Background:

• Joined Company A in April 2011 untill October 2011 as a Permie "Software Developer" working on various projects.
• Joined Company B in October 2011 untill March 2012 as a contract Software Developer using Umbrella Company working on a single project.
• Joined Company A in March 2012 untill now as a contract software developer working on a "Data Migration" project. This work is via my Limited Company.

Because of my knowledge of company A systems I'm being asked to work on/fix other systems projects outside of the "Data Migration" project. Some of the work I'm being asked to do is work I did or worked on when I was permanent with Company A.

This is the first month of 6 month contract.
I haven't opted out with the agency.
I sign in every day when on at Company A site and do not get a door key/dongle.
There are 2 other (perm) developers at Company A.

Should I be refusing the work outside of the project I'm working on on the basis I could be due to IR35?

I would like your opinions please, I know however I should be getting legal advice but your opinions are cheaper and quicker.

Thanks in advance.
GE

[northernladuk]

Should I be refusing the work outside of the project I'm working on on the basis I could be due to IR35?

Have you read the guides on IR35 at all? Do you have an opinion yourself or are unaware of the finer details or IR35?

Have you checked the difference in pay to be inside and outside IR35 to know whether or not it is worthwhile rather than just assuming you are screwed?

What do you do to make sure you are outside IR35 or do you not know? What did you do in relation to IR35 prior to taking the contract?

IR35 is a pretty complex bit of legislation but there is plenty of advice around to guide you and even more advice plus professional help to make sure you stay on the right side of it where you can. You need to get a grip of this info rather than guess or ask on free forums.

[nomadd]

Should I be refusing the work outside of the project I'm working on on the basis I could be due to IR35?

I would like your opinions please, I know however I should be getting legal advice but your opinions are cheaper and quicker.

Thanks in advance.
GE

Due to the very short nature of these contracts, simply forget your IR35 status. The IR aren't going to start dragging you through court over these - and they have to do it once for each individual contract. And that 'ain't gonna happen.

Now, if you are still there in two years time...

[LisaContractorUmbrella]

I would say that you are most likely inside IR35 - just MHO

[oracleslave]

Hello all,

[*]Joined Company A in March 2012 untill now as a contract software developer working on a "Data Migration" project. This work is via my Limited Company.

Your company's professional consultants were engaged by the client to deliver some specialised project work for which they did not have the skills to resource in-house. Right? You didn't "join" Company A?

Should I be refusing the work outside of the project I'm working on on the basis I could be due to IR35?

Nothing wrong with maximising your revenue streams. After all, you run a business to make a profit right? Where you need to be careful IMHO is around MOO, but you know all this from reading the contracting guides in detail I have no doubt.

I would like your opinions please, I know however I should be getting legal advice but your opinions are cheaper and quicker.

Thanks in advance.
GE

My opinion is you are probably operating like you are inside IR35 and that if you just had a bit more knowledge (well a lot actually) you could take some simple measures to rectify this.

[SueEllen]

Hello all,

My first thread here on CUK!

Right then, some Background:

Should I be refusing the work outside of the project I'm working on on the basis I could be due to IR35?

I would like your opinions please, I know however I should be getting legal advice but your opinions are cheaper and quicker.

Thanks in advance.
GE

1. Read the guides on IR35 and any recent cases
2. Get your paperwork sorted - remember electronic documents and emails do count if written properly.
3. Work on the project(s)

There - I spoonfed you more than the others.