Fake substitution?

[cojak]

For one or two days that I have to take off anyway and also at a premium to my current rate then me being caught by ir35 shouldn't be an issue surely? Also will only be done prior to april

Well it's all a moot point until they present the PS client with this 'solution'.

Or have they? The client has agreed to this?

[slogger]

Well it's all a moot point until they present the PS client with this 'solution'.

Or have they? The client has agreed to this?

Client has agreed it's OK for me to be a sub..I have experience of environment..also still currently security cleared. I believe re payment it will come directly from contractors own Ltd Co and not from the end client.

[cojak]

Client has agreed it's OK for me to be a sub..I have experience of environment..also still currently security cleared. I believe re payment it will come directly from contractors own Ltd Co and not from the end client.

OK then, it's all sorted.

Give a go - try it and see.

(I can't but help think that HMRC will see through this, but you've already accepted the risk so good luck.)

[eek]

OK then, it's all sorted.

Give a go - try it and see.

(I can't but help think that HMRC will see through this, but you've already accepted the risk so good luck.)

It's a risk but I can see why everyone wants him to do it. The substitution clause is fettered (i.e. client has to agree to the substitute) but now they've agreed to a substitute him actually going in as the substitute will leave HMRC with a very difficult argument to make - to the extent that its a case off to a higher tribunal or not worth fighting.

It would show that his own substitution clause (as a minimum) wasn't a sham and nor is that of other workers doing the same role. Personally I would be asking for a significant premium though (just look at all the risk removed by me coming in for that week).

[northernladuk]

I'd be interested to know if the contractor intends skill you up and offer a seamless substitute or just putting a body in a seat. I don't think it will make much difference to what he's trying to achieve, just interested in the mechanics.

I also wonder if this going to kick off those ideas we see from time to time where a service matches up pseudo subs for each other.

[slogger]

I'd be interested to know if the contractor intends skill you up and offer a seamless substitute or just putting a body in a seat. I don't think it will make much difference to what he's trying to achieve, just interested in the mechanics.

I also wonder if this going to kick off those ideas we see from time to time where a service matches up pseudo subs for each other.

It's in same team I worked with so shouldn't need any training..

[northernladuk]

It's in same team I worked with so shouldn't need any training..

Ah, so the obvious choice. I see that.

You did say 'people' in your first post. Does that mean they are all going to sub you for a couple of days and pass you around or was that just misleading and you are subbing for one guy only?

[slogger]

Ah, so the obvious choice. I see that.

You did say 'people' in your first post. Does that mean they are all going to sub you for a couple of days and pass you around or was that just misleading and you are subbing for one guy only?

The plan is I do I week, subbing for a few different people.

[RonBW]

The plan is I do I week, subbing for a few different people.

Multiple contracts at the same time, or five different ones in the week?

[Kingman66]

By not having the RoS is this an automatic IR35 fail regardless of passing other questions?