Supply Services from a non PSC company? IR35 compliant?

[aj4u]

Hello All,

I did have a quick look through the forums and couldn't find anything obvious

I was hoping to get a few answers from some ir35 experts on here .

I wanted to know if the IR35 scope would apply if Company A with 5 shareholders 20% each and 2+ individuals providing services count as a PSC and be outside the scope of ir35?

Br,
AJ

[eek]

Hello All,

I did have a quick look through the forums and couldn't find anything obvious

I was hoping to get a few answers from some ir35 experts on here .

I wanted to know if the IR35 scope would apply if Company A with 5 shareholders 20% each and 2+ individuals providing services count as a PSC and be outside the scope of ir35?

Br,
AJ

IR35 is nothing to do with the operating model and everything to do with how the end client works with the individual. An individual could be running multiple concurrent contracts some inside IR35, some outside - that is often the case with private work in healthcare.

[jamesbrown]

No, the only relevant condition in this context is that the individual owns 5% or more of the share capital. A PSC is not defined in law, including IR35/ITEPA.

[aj4u]

I'm so confused.. my client has come back to me with an inside determination with the following reasons

1.) They will always reject a substitute
2.) They have a "level" of control on the work
3.) They are obliged to give me work & I am obliged to do it

1.) That is completely up to them I guess
2.) What does a "level" of control mean here? The people I have to work with to complete my tasks?
3.) I'm really confused with this one.. if my client gives me work which I don't like.. I usually pick up my stuff and walk :-/

How can I go about contesting there determination?

Br,
AJ

[NotAllThere]

Where did they get the idea that they have to provide you with work?

[jamesbrown]

I'm so confused.. my client has come back to me with an inside determination with the following reasons

1.) They will always reject a substitute
2.) They have a "level" of control on the work
3.) They are obliged to give me work & I am obliged to do it

1.) That is completely up to them I guess
2.) What does a "level" of control mean here? The people I have to work with to complete my tasks?
3.) I'm really confused with this one.. if my client gives me work which I don't like.. I usually pick up my stuff and walk :-/

How can I go about contesting there determination?

Br,
AJ

You’ll need to ask them about how to contest it as each company will have their own process. Hint: you’re wasting your time.