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Why a legal contract?

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    #31
    Originally posted by OnceStonedRose View Post
    And what if they speak to my clients? There is no contract? They simply state the facts that I did some work they paid some money? What does this prove or disprove?

    The fact is I am not working for a company as an employee am I? No-one is paying PAYE & NI for me; I receive no cover for illness/holidays; I stand to lose if company goes bust without paying me; I have to repair code I have put in place if it is dodgy prior to sign off; I have no recourse for redundancy; Client is under no obligation to me in any way other than paying for what I do.

    Just because I might be a chancer and shake hands on what I'll do for how much, why would that put my situation on red alert for Her Majesty's crew?

    If I want to operate my company on a trust basis, regardless of how foolish that might be in this day and age, I should not be looked upon as unable to prove I am not an employee, I would have thought quite the opposite?
    Well the main concern for contractors, in relation to HMR&C, is their IR35 status - you cannot prove yours with a contract as you don't have one so HMR&C would rely on evidence provided by the end client. Also there is such a thing as an implied contract.
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      #32
      I can see OSRs point. You don't have to have a contract I guess.

      But surely in the absence of such your not only subjecting yourself to risks of non-payment/getting stitched up etc but then you have no way to indicate to HMRC that you are performing work on a contract basis either?

      Know what HMRC are like, if you can't prove your operating as an independent ltd company they're going to assume your an employee. Guilty until proven innocent....

      But then if you didn'nt have a contract, why not just ask for cash and stick it in your personal account/under the bed?
      Rhyddid i lofnod psychocandy!!!!

      Comment


        #33
        Want a decent plan B?

        Figure out how to turn pointless internet arguments into energy.

        Comment


          #34
          Originally posted by jmo21 View Post
          Want a decent plan B?

          Figure out how to turn pointless internet arguments into energy.

          I got paid 50 quid for each response to the OP. My Plan B is doing well.
          I couldn't give two fornicators! Yes, really!

          Comment


            #35
            Originally posted by psychocandy View Post
            Know what HMRC are like, if you can't prove your operating as an independent ltd company they're going to assume your an employee. Guilty until proven innocent....
            In effect this is what I wanted, someone to answer what are the consequence from the point of view of the ir35 thing. My, obviously naive(and sometimes agent provocateur style), mind says if I have no contract the man can't hold it against me a pick holes in it to show me as "in" ir35. If I have no contract I am simply a company selling a service and taking all the risks that come with that.

            Originally posted by psychocandy View Post
            But then if you didn't have a contract, why not just ask for cash and stick it in your personal account/under the bed?
            We are all in this together. I just love paying taxes?(but only at a rate I think is palatable)

            Comment


              #36
              Originally posted by OnceStonedRose View Post
              In effect this is what I wanted, someone to answer what are the consequence from the point of view of the ir35 thing. My, obviously naive(and sometimes agent provocateur style), mind says if I have no contract the man can't hold it against me a pick holes in it to show me as "in" ir35. If I have no contract I am simply a company selling a service and taking all the risks that come with that.


              We are all in this together. I just love paying taxes?(but only at a rate I think is palatable)
              LOL! I like a good laugh and you certainly provide it
              I couldn't give two fornicators! Yes, really!

              Comment


                #37
                Originally posted by BolshieBastard View Post
                LOL! I like a good laugh and you certainly provide it
                You're welcome petal.

                Comment


                  #38
                  Originally posted by OnceStonedRose View Post
                  In effect this is what I wanted, someone to answer what are the consequence from the point of view of the ir35 thing. My, obviously naive(and sometimes agent provocateur style), mind says if I have no contract the man can't hold it against me a pick holes in it to show me as "in" ir35. If I have no contract I am simply a company selling a service and taking all the risks that come with that.


                  We are all in this together. I just love paying taxes?(but only at a rate I think is palatable)
                  Perhaps you missed my earlier post, when someone else was labouring the point about contracts...
                  Blog? What blog...?

                  Comment


                    #39
                    Originally posted by malvolio View Post
                    Perhaps you missed my earlier post, when someone else was labouring the point about contracts...
                    I did. Was it any good?

                    Comment


                      #40
                      Originally posted by OnceStonedRose View Post
                      I did. Was it any good?
                      Gosh, you're witty. This is a pro forum, please treat it as such. And the point of asking questions is to hear the answers.

                      Getting bored of this now soI'll leave you to your fantasies.
                      Blog? What blog...?

                      Comment

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