I've read all the guides but can't see the answer to this one so far. As a contract social worker I realise most if not all of my social work jobs will be inside IR35, apart from anything else you have to turn up where and when they want apart from minimal flexi time. I have 3questions:
1) I am about to take on project work in which I will be given a certain amount of work to get through in a certain time. (3 months). I will be able to control the times and places when I work apart from being available for a few project meetings and to meet the needs of the job. e.g. I can work at home or can hotdesk in their various premises. I have to use their laptop for security reasons. However all social work includes something called supervision i.e. regular meetings with your line manager to supervise your professional practice, regardless of how senior you are this is the tradition of social work and the term supervision comes from psychoanalysis not the usual meaning. I will be having meetings with my immediate superior about once a week to discuss individual cases. They also would not want me to substitute someone else to do the work as it is not just a case of having the right certificates, they have given me the gig because I have a certain background. Is this likely to put me irrevocably inside IR35? I am hourly paid, asked my agent about a day rate instead but he says only very senior people get that, mind you he doesnt seem to know much as a while back he did not know the difference between limited and umbrella.
2. As well as doing the social work gigs I may be doing some work for my husband's company, odds and sods now and then. If this work, and possibly the project work above, falls outside IR 35 are there any advantages in setting up a limited co. ( I am umbrella at the moment) apart from the flat rate VAT scheme and 5%, over and above what I can already laim under my umbrella working inside IR35? Or can I also claim other business expenses, phone etc if I am doing some work outside IR35?.
3. I did some work earlier this year for my husband's start up, for which I didnt get paid. as the business wasnt bringing any money in at that point. I recorded all this in timesheets plus there was a fair bit of mileage, all well recorded. If I went limited can I now invoice his company for this work? I would limit it to under the NI threshold per week worked.
Sorry if this is a bit long and thanks in advance for any help.
1) I am about to take on project work in which I will be given a certain amount of work to get through in a certain time. (3 months). I will be able to control the times and places when I work apart from being available for a few project meetings and to meet the needs of the job. e.g. I can work at home or can hotdesk in their various premises. I have to use their laptop for security reasons. However all social work includes something called supervision i.e. regular meetings with your line manager to supervise your professional practice, regardless of how senior you are this is the tradition of social work and the term supervision comes from psychoanalysis not the usual meaning. I will be having meetings with my immediate superior about once a week to discuss individual cases. They also would not want me to substitute someone else to do the work as it is not just a case of having the right certificates, they have given me the gig because I have a certain background. Is this likely to put me irrevocably inside IR35? I am hourly paid, asked my agent about a day rate instead but he says only very senior people get that, mind you he doesnt seem to know much as a while back he did not know the difference between limited and umbrella.
2. As well as doing the social work gigs I may be doing some work for my husband's company, odds and sods now and then. If this work, and possibly the project work above, falls outside IR 35 are there any advantages in setting up a limited co. ( I am umbrella at the moment) apart from the flat rate VAT scheme and 5%, over and above what I can already laim under my umbrella working inside IR35? Or can I also claim other business expenses, phone etc if I am doing some work outside IR35?.
3. I did some work earlier this year for my husband's start up, for which I didnt get paid. as the business wasnt bringing any money in at that point. I recorded all this in timesheets plus there was a fair bit of mileage, all well recorded. If I went limited can I now invoice his company for this work? I would limit it to under the NI threshold per week worked.
Sorry if this is a bit long and thanks in advance for any help.
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