There isn't much in the Autumn Statement itself but it seems pretty clear to me that it has nothing to do with IR35 and contractors who operate through Ltd companies, but is instead to do with employment agencies providing workers on a "self-employed" basis when there is clearly an employer/employee relationship in order to avoid their responsibilities as an employer.
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As with IR35 the important bit for us will not be in the announcement but well and truly hidden within the detail.Originally posted by TheCyclingProgrammer View PostThere isn't much in the Autumn Statement itself but it seems pretty clear to me that it has nothing to do with IR35 and contractors who operate through Ltd companies, but is instead to do with employment agencies providing workers on a "self-employed" basis when there is clearly an employer/employee relationship in order to avoid their responsibilities as an employer.merely at clientco for the entertainmentComment
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Sure, but I honestly don't think this can apply to us - clients (or agents) don't engage us personally, they engage our Ltd company.Originally posted by eek View PostAs with IR35 the important bit for us will not be in the announcement but well and truly hidden within the detail.
This thing is all about agencies that take on individuals and claim they are self-employed when they clearly should be employed agency workers.
HMRC have already got a the IR35-shaped stick to beat *us* with.Comment
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Reading the Autumn Statement there is a definite separation between them congratulating themselves over the success of IR35, and then this measure, which certainly appears to be addressing a different audience, so no, I don't think there's anything there for us.Originally posted by TheCyclingProgrammer View PostSure, but I honestly don't think this can apply to us - clients (or agents) don't engage us personally, they engage our Ltd company.
This thing is all about agencies that take on individuals and claim they are self-employed when they clearly should be employed agency workers.
HMRC have already got a the IR35-shaped stick to beat *us* with.Comment
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If you are the ONLY employee of your limited company, are they not employing YOU?Originally posted by TheCyclingProgrammer View PostSure, but I honestly don't think this can apply to us - clients (or agents) don't engage us personally, they engage our Ltd company.
This thing is all about agencies that take on individuals and claim they are self-employed when they clearly should be employed agency workers.
HMRC have already got a the IR35-shaped stick to beat *us* with.
Unless you incur a financial risk by being paid for a specific delivery of a product or service, and not by timesheet.Comment
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Of course they aren't. They are entering into a contract for services with MyCo. How MyCo fulfils that contract is its business.Originally posted by evilagent View PostIf you are the ONLY employee of your limited company, are they not employing YOU?
But you're alluding to IR35, which is different to what was mentioned in the Autumn statement and is well trodden ground.Comment
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In theory, but not in practice, usually. And therein lies the rub.Originally posted by TheCyclingProgrammer View PostOf course they aren't. They are entering into a contract for services with MyCo. How MyCo fulfils that contract is its business.
.Hard Brexit now!
#prayfornodealComment
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You get offered a role because your CV has relevant skills and experience.Originally posted by TheCyclingProgrammer View PostOf course they aren't. They are entering into a contract for services with MyCo. How MyCo fulfils that contract is its business.
But you're alluding to IR35, which is different to what was mentioned in the Autumn statement and is well trodden ground.
The client has interviewed YOU; your skills and social rapport tick the boxes. Good fit.
Try sending someone ELSE on site to fulfil a contract and let me know how it goes.
If clientco rejects a subbie, on the grounds it interviewed you, and expects you, it is dictating how
MyCo fulfils the contract.
True, IR35 is well-trodden ground, but I can't get passed the idea it's a dodge.
I accept the legalities etc are all done and dusted, but its still you thats expected on-site.Comment
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Yep, it can be a bit dodgy, but you were trying to imply that we're self-employed, so this could affect us. As far as HMRC are concerned we're very much not self-employed. We're either legitimately employed by our Ltds, or we're disguised employees of our clients.Originally posted by evilagent View PostYou get offered a role because your CV has relevant skills and experience.
The client has interviewed YOU; your skills and social rapport tick the boxes. Good fit.
Try sending someone ELSE on site to fulfil a contract and let me know how it goes.
If clientco rejects a subbie, on the grounds it interviewed you, and expects you, it is dictating how
MyCo fulfils the contract.
True, IR35 is well-trodden ground, but I can't get passed the idea it's a dodge.
I accept the legalities etc are all done and dusted, but its still you thats expected on-site.Comment
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FWIW, it sounds like the PCG don't think this is related to IR35 either but they are seeking clarification and reassurance that we won't get caught in the crossfire:
https://www.pcg.org.uk/news-events/n...0%9Cfalse-selfComment
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