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Strange Contract

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    #11
    If you get paid to do nothing, then that could well be argued by HMRC as a pointer to disguised employment.

    Permies get paid, even when there is no work to do; suppliers don't.
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      #12
      First of all, thanks for the useful comments given, definitely taken all on board.

      Just want to say, yes I could just sit back and take the money and I will, I know that's just how it works, but I've never been in a position where I could literally do jack for 7.5 hours a day before. It's a little bit weird.... Worst of all, as there isn't any form of banter in the office, when I get home, I've started talking to the wife more!

      NorthenLaduk - appreciate what you mean, but I am a contractor.

      JamesBrown - Yes, I've refused for that reason, and that it's not an area that I have any real interest in, I'm technical, tried management and PM work before, and never really enjoyed it. I have thought about proposing adding that to my scope of works and increase my rate but I don't want to do something I'm not qualified or have any experience.

      Wanderer - Thanks for the comment. Client is always happy to sign my timesheets at the end of the week and thanks me for the great work I'm doing! V.good point, rather sat there billing than on my backside at home not earning.

      Ndawg - point taken, I've got a bit of material and a few books on PDF, I'll crack on with that I guess, don't really fancy China, although I have just seen a contract that requires Cantonese, so you could be onto something there.

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        #13
        Originally posted by spongeym View Post
        NorthenLaduk - appreciate what you mean, but I am a contractor.
        No you are not. You are firmly inside IR35 on direction and control and are a disguised permie. If you are with an umbrella this won't be a problem. If you are not with an umbrella you need to change your accounting method to PAYE not not small wage large divi.

        I am sure you will chose to ignore this point because it suits you but it is very important. Ask the owner of JLJ who is facing (not getting in to the details on this thread) a £140,000 tax bill because of wrong IR35 status and accounting.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

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          #14
          Originally posted by northernladuk View Post
          If you are not with an umbrella you need to change your accounting method to PAYE not not small wage large divi.

          I am sure you will chose to ignore this point because it suits you but it is very important.
          Thanks for the advice, and no I won't ignore it, I'm serious about contracting, I want to be a career contractor, and posted my thread for advice from seasoned contractors.

          I thought damn long and hard before leaving my permie job to become a contractor.

          I'll be speaking to my accountants regarding this situation on Monday.

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            #15
            Originally posted by NDawg View Post
            Is this a trick question?

            Nothing to do and you're still getting paid? As others have said, sit back and keep on billing. You're basically getting paid to do WHATEVER you want (within reason).

            Case-in-point: I was on a contract about 2 weeks ago where I had nothing to do literally all day after I ran the morning checklist. I was on site in case something went wrong. It didn't, What should have been a boring contract became something else instead because the rest of my time was spent studying for an upcoming exam (which I'm pretty confident I passed) and watching movies (my laptop has a privacy screen for this reason alone). Good to go.

            Never turn down free money.

            EDIT: If you're really stuck for ideas on what to do, download Rosetta Stone and learn a new language or something. Then go contract in China, where you'll probably have to do the amount of work you seem to want...
            and of course 30 min toilet breaks????
            Rhyddid i lofnod psychocandy!!!!

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              #16
              Originally posted by spongeym View Post
              Thanks for the advice, and no I won't ignore it, I'm serious about contracting, I want to be a career contractor, and posted my thread for advice from seasoned contractors.

              I thought damn long and hard before leaving my permie job to become a contractor.

              I'll be speaking to my accountants regarding this situation on Monday.
              Did you have your contract reviewed and what is your opt out status?

              You accountant isn't the best person to be talking about IR35 issues to. Some offer the service but you need to be speaking to QDOS or someone similar that are IR35 specialists. Your accountant just does your books based on the advice you give him. Also the area you want to be focussing on is your working practices. They trump your contract. Doesn't matter what it is written, if the client is asking you to do other stuff then your contract will be worthless in an investigation.

              As amusing and strange as your situation may sound to you it sounds to me you are neck deep in doo doo.
              Last edited by northernladuk; 7 June 2013, 13:33.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

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                #17
                Originally posted by psychocandy View Post
                and of course 30 min toilet breaks????
                Nothing less suffices

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                  #18
                  Originally posted by northernladuk View Post
                  Did you have your contract reviewed and what is your opt out status?

                  You accountant isn't the best person to be talking about IR35 issues to. Some offer the service but you need to be speaking to QDOS or someone similar that are IR35 specialists. Your accountant just does your books based on the advice you give him. Also the area you want to be focussing on is your working practices. They trump your contract. Doesn't matter what it is written, if the client is asking you to do other stuff then your contract will be worthless in an investigation.

                  As amusing and strange as your situation may sound to you it sounds to me you are neck deep in doo doo.
                  I would second this point about having a contract review from a specialist (although it's a little late now), but it's both the reality of the situation that matter (i.e. how you actually work day-to-day) and also about how the client perceives you. It's good that you've refused work that is out-of-scope, but it sounds as though the client is paying for you to do nothing and also perceives you as a "temp" resource insofar as they are asking you to fill the time with things that are out-of-scope. Anyway, your accounting is only part of the picture here, as you're obviously fed-up with the situation..... I can sympathize, but I'd be looking elsewhere and trying to reconcile any mistakes made so far w/r to accounting.

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                    #19
                    I Opted out, and did have the contract reviewed. But I guess this is a big lesson for me on the next contract and will have a much better view of what to look out for in a contract.

                    I'm currently looking for a new position so fingers crossed that I won't be in this situation much longer.

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                      #20
                      Sponge Bob

                      Originally posted by spongeym View Post
                      I want to be a career contractor, and posted my thread for advice from seasoned contractors.
                      You are barking up the wrong tree, I'm afraid.

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