Changing from Umbrella to Limited!

[LisaContractorUmbrella]

Hi Lisa,

I am not aware of my IR35 position, I will email the agency and ask. There are others doing the same job on a permanent job but in different areas of the country. I have a line manager yes, No I couldn't supply a substitute its me alone. I get emailed jobs for the following day so yes.. I will have a god look around thank you thanks for all your advice

From what you have said I would think it highly unlikely that you were outside IR35. As Wanderer has said, research the subject - getting it wrong in the beginning could mean lots of unwarranted attention from HMR&C at a later date

[ensignia]

There is so much scaremongering on here regarding IR35.

I'm sure if you sat down and looked at everyone's contracts most people would be deemed "disguised employees".

[LisaContractorUmbrella]

There is so much scaremongering on here regarding IR35.

I'm sure if you sat down and looked at everyone's contracts most people would be deemed "disguised employees".

Then it's not really scaremongering is it?

[TheFaQQer]

There is so much scaremongering on here regarding IR35.

Disagree completely. There are a large number of posts advising people that they need to make sure they know what IR35 is and how best to arrange their working practices so that they are not deemed to be employees. For those who appear to be IR35 caught (eg. they get paid when there is no work, are closely supervised and directed, they have no right of substitution - kind of like the OP really), there is advice that they appear to be caught.

I don't count pragmatism as scaremongering, to be honest.

I'm sure if you sat down and looked at everyone's contracts most people would be deemed "disguised employees".

Absolutely not.

Most people on CUK would NOT be deemed disguised employees based on their contracts - these days there are very few standard agency contracts which would indicate employment rather than contractor. However, some people on CUK may be deemed disguised employees based on their working conditions.

I can't remember the last time an agency or client showed me a contract which would be an IR35 fail, assuming that the contract reflects the working conditions. I can certainly think of people I know where the working conditions are a much stronger indication of employment than the paperwork suggests.

If you haven't learned that much about IR35, then I suggest that you need more "scaremongering".

[northernladuk]

Disagree completely. There are a large number of posts advising people that they need to make sure they know what IR35 is and how best to arrange their working practices so that they are not deemed to be employees. For those who appear to be IR35 caught (eg. they get paid when there is no work, are closely supervised and directed, they have no right of substitution - kind of like the OP really), there is advice that they appear to be caught.

I don't count pragmatism as scaremongering, to be honest.

Agreed.

Most people on CUK would NOT be deemed disguised employees based on their contracts - these days there are very few standard agency contracts which would indicate employment rather than contractor. However, some people on CUK may be deemed disguised employees based on their working conditions.

I can't remember the last time an agency or client showed me a contract which would be an IR35 fail, assuming that the contract reflects the working conditions. I can certainly think of people I know where the working conditions are a much stronger indication of employment than the paperwork suggests.

If you haven't learned that much about IR35, then I suggest that you need more "scaremongering".

This is the big assumption though. Those that know and vaguely understand IR35 will put the effort in to make their working conditions fit the contract/IR35 requirements. A vast majority won't and put themselves firmly inside IR35 via working practices and will get worse as contracting becomes the defacto standard model for clients to resource projects rather than perms.

[TheFaQQer]

This is the big assumption though. Those that know and vaguely understand IR35 will put the effort in to make their working conditions fit the contract/IR35 requirements. A vast majority won't and put themselves firmly inside IR35 via working practices and will get worse as contracting becomes the defacto standard model for clients to resource projects rather than perms.

I agree.

(oh de facto )