Originally posted by electronicfur
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Originally posted by teapot418 View PostAsk the organisation to make the determination now, and put it in the contract that both parties agree that the contract is not subject to IR35 (in proper legalese, obv.)
They need my services most urgently in the next two months, hence my question.Comment
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Originally posted by electronicfur View PostIs there a way to avoid the scenario that they do that, and then come April they decide they don't want the associated risk and terminate the contract?
They need my services most urgently in the next two months, hence my question.Comment
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Originally posted by teapot418 View PostNot unless the contract has termination penalties, which is unlikely, and goes against MOO which is a key IR35 indicator.Comment
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Added bit to the top - Is my client caught by the rules.
Moved the consultancy question up to slot in beneath it as both have been frequent questions.
Any improvements on either answer gratefully received.merely at clientco for the entertainmentComment
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Originally posted by eek View PostAdded bit to the top - Is my client caught by the rules.
Moved the consultancy question up to slot in beneath it as both have been frequent questions.
Any improvements on either answer gratefully received.
They are undoubtedly public sector but not subject to the definition for IR35 purposes.First they ignore you, then they laugh at you, then they fight you, then you win. But Gandhi never had to deal with HMRCComment
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Originally posted by RonBW View PostOne unknown on if the client is caught is what happens to certain agencies of departments that are exempt - eg MI5 are exempt from FoI but are part of MoD who are not exempt. So if I contract for MI5, so the new rules apply?
They are undoubtedly public sector but not subject to the definition for IR35 purposes.merely at clientco for the entertainmentComment
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Originally posted by eek View PostMI5 is the responsibility of the Home Office - and I'm not sure if its worth adding as it just adds complexity to what I think should be a fairly simple answers to the basic questions..
I agree it adds complexity, but the point is that even on a simple question like this there isn't a straightforward answer.First they ignore you, then they laugh at you, then they fight you, then you win. But Gandhi never had to deal with HMRCComment
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Originally posted by RonBW View PostOK - so are MI5 public sector or not? What about other parts of other departments who aren't subject to FoI?
I agree it adds complexity, but the point is that even on a simple question like this there isn't a straightforward answer."You’re just a bad memory who doesn’t know when to go away" JRComment
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Originally posted by SueEllen View PostMI5 are public sector but there are good reasons which anyone with common sense can work out why they aren't subject to FOI.First they ignore you, then they laugh at you, then they fight you, then you win. But Gandhi never had to deal with HMRCComment
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