Trying to arrange a substitute

[northernladuk]

Fair enough

Your point of stop trying to look like a business just be one, is the whole game we are all playing now

We can't be hidden employees as we have no employee rights and I personally change client every few months, what permy does that

Even if we think we are a business and have ir35 proof contract terms we are still vulnerable so are looking for helping hands even if they are forced changes to look better

I will do anything to avoid this mad witch hunt.

I take it you are new to contacting??

A permy can change employers every few months. The fact he choses not to is irrelavant. Your grasp on business and been able to see the greater picture is pretty poor to be honest and is the root of your problems, not IR35 of HMRC.

[Butcheroo]

Trying to arrange a substitute

I take it you are new to contacting??

A permy can change employers every few months. The fact he choses not to is irrelavant. Your grasp on business and been able to see the greater picture is pretty poor to be honest and is the root of your problems, not IR35 of HMRC.

No this is my 8th year

Don't play the high and mighty card

[northernladuk]

No this is my 8th year

Don't play the high and mighty card

Am just making an assumption from what you posts.

[MyUserName]

The issue is that most 1 man bands in the business world can be seen as either hidden employees or as businesses depending on what aspects you stress.

I have only met one programming contractor who I honestly believe was IR35 clear. He had no subsititute clause etc but it was in a managerial company and they wanted some software written for a bid so he was brought in to write it and then leave. He had the same pass as me, sat with me - worked on technical aspects with one quite technical manager. However, he simply was not a part of the company and had no interest in even becoming so.

Every other programmer I have worked with or met could be intrepreted as a disguised employee as, day to day, there was really little difference between them and the permies and the differences that existed often did not really matter e.g. filling out a timesheet.

[d000hg]

No this is my 8th year

Don't play the high and mighty card

Great, another touchy newbie. You should fit in fine around here

[captainham]

I have only met one programming contractor who I honestly believe was IR35 clear. He had no subsititute clause etc but it was in a managerial company and they wanted some software written for a bid so he was brought in to write it and then leave. He had the same pass as me, sat with me - worked on technical aspects with one quite technical manager. However, he simply was not a part of the company and had no interest in even becoming so.

Every other programmer I have worked with or met could be intrepreted as a disguised employee as, day to day, there was really little difference between them and the permies and the differences that existed often did not really matter e.g. filling out a timesheet.

That means next to nothing in the context of IR35 though. All of us on here would say the same. There's nothing in your statement above that sets this guy apart from any other 'average' contractor, TBH.

[Butcheroo]

Trying to arrange a substitute

Great, another touchy newbie. You should fit in fine around here

Ha thanks

[MyUserName]

That means next to nothing in the context of IR35 though. All of us on here would say the same. There's nothing in your statement above that sets this guy apart from any other 'average' contractor, TBH.

Actually at that point I wandered off into musing territory.

Anyway, the reason he has always struck me as out of IR35 is because of the project setup. It was one project that needed doing and that was it, when the bid was put forward and his software was used he was out. There was no one else in the company with his skills so he was not really a part of a team, unless you count him as a team of one. He answered to a moderately technical manager but mainly controlled the code base himself as no one would really understand it anyway.

Well, not until us Industrial Trainees got there and started to work on the project. Ah ... how he hated that as it eroded his power base. He also hated how fast we picked up programming as it made him feel old and he could not bang on so much about how awesome he was.

[Butcheroo]

Trying to arrange a substitute

Yes in a perfect world we would never be asked to do a client timesheet, we would only work on one named project, we would never be on any org chart, never eat in their canteen, never have to "ask"/"check" to get leave and never be told what office to sit in most days or when we can work from home and use out own laptops all the time.

Problem is finding a client that does all that. I'm my experience each client screws you up on at least two of the above.

[Butcheroo]

Trying to arrange a substitute

I just can't see the point of this. If that contractor is unavailble due to him having another contract it just won't work. It also doesn't mean you can use him as your sub clause will need your client to meet him. To have a valid named sub in a contract you need to have had him vetted by the client else it's just rubbish surely. Think about all these 'tricks' from HMRC's point of view. How easy will it to be to prove it's a sham. In this, the office and all the other manufactured situations it will be a peace of piss.

Suddenly renting an office could be construed as either a Sham due to points on business entity test or you have outgrown your home office which is what I will say. When ir35 first cane out everyone had their contracts rewritten which could have been seen as either a scam or just a change In The way you work

If I start renting an office now it does not mean its just to look better. That's what I will say and I will use the office as well.