Another case lost

[VectraMan]

He only has to pay 2 years worth of employment tax.
So does that mean he only treated himself as outside ir35 for the last two years or have lthey let him off relatively lightly?

I was just going to post that. The article suggests he was still there in 2005 (and may still be), but they've only investigated him from 2000-2002.Have they given up on the rest, or will they investigate again? Is there a 2 year maximum they're working to?

 

[BrilloPad]

I was just going to post that. The article suggests he was still there in 2005 (and may still be), but they've only investigated him from 2000-2002.Have they given up on the rest, or will they investigate again? Is there a 2 year maximum they're working to?

I have heard before that IR35 investigations follow the company rather than the individual. I knew people who would burn their ltd every 2-3 years.

This chap seems quite IR35 concerned - maybe he switched company? One would expect HMRC would pick up on this - but they seem to act like a wasp. Very stupid - but when latched on a target very aggressive.

 

[Jubber]

"Shepherd himself appears to have nailed his own coffin tightly shut given he previously told HMRC he inserted the substitution clause to move his assignment away from “falling within IR35.”"

 

[rootsnall]

Sounds like the length of contract was a 'big' factor -> cue usual debate on this matter. I'll be sticking to my 18 month max at one client rule

 

[TheBigYinJames]

I find that after 18-months you start to 'feel' permie anyway, you get too settled and too comfortable, and then start fearing the end of the contract. Those are bad feelings. Best stay light and able to move. As soon as you feel a compulsion to stay, that's when they start eroding your rates, hours, conditions, and your self esteem.

 

[DimPrawn]

Sounds like the length of contract was a 'big' factor -> cue usual debate on this matter. I'll be sticking to my 18 month max at one client rule

There's no point in going much longer as you lose the ability to claim travel expenses, and how boring is it to stay at the same boring place year after year?

Variety, new challenges, shorter contracts. Keeps you fresh and builds experience.

 

[malvolio]

You can be there forever and not be part and parcel of the organisation: it's merely keeping up a profitable and effective client relationship. But you still have to minimise MOO and D&C and have a supportable RoS and ensure your client understands this too. What you don't do is submit yourself to monthly reporting, have to request time off and accept any old piece of work they send your way. Also note what the SC said about notice periods - four weeks implies a signifcant degree of mutuality.

So self-inflicted wound this time, I'm afraid.

 

[DimPrawn]

You can be there forever and not be part and parcel of the organisation: it's merely keeping up a profitable and effective client relationship. But you still have to minimise MOO and D&C and have a supportable RoS and ensure your client understands this too. What you don't do is submit yourself to monthly reporting, have to request time off and accept any old piece of work they send your way. Also note what the SC said about notice periods - four weeks implies a signifcant degree of mutuality.

So self-inflicted wound this time, I'm afraid.

Four weeks notice the contractor has to give or four weeks notice the client/agent has to give?

My contracts tend to have. Me no notice can be served, client has no notice period (can terminate immeadiately for any reason).

 

[Chugnut]

Then take another contract somewhere that isn't. If the environment is 100% perma-temp I'm not interested anyway. You may as well be a permie there and get sick pay, pension, company car, paid holidays, maternity/paternity, some training, life insurance, private medical/dental etc.

That still gives you little protection IMO. No client will ever approach an investigation with an IR35 hat on; chances are they've never heard of it. They are likely to say "line manager", "part of the furniture" as throwaway comments, whereas the contractor will cringe, and HMRC will pounce.

 

[DimPrawn]

That still gives you little protection IMO. No client will ever approach an investigation with an IR35 hat on; chances are they've never heard of it. They are likely to say "line manager", "part of the furniture" as throwaway comments, whereas the contractor will cringe, and HMRC will pounce.

I disagree, but don't have time to counter.