I am going to open a computer shop to justify being outside IR35

[IR35equalshateoflittleguy]

I think he was more like changing £x00 per day, to a service for £x00 where that service is a bum on a seat for a day.

No, the service is delivering a project or completing a specific task or a set of tasks or the service could be offering on going support. Whether I am doing it from a computer shop to local business or doing it to a large corporation it is the same thing in my eyes. In HMRC eyes when it is a large corporation it is employee disguised as business when it is a local business it is just another service contract between businesses.

Don't give me the "client decides" line either, because they wouldn't be deciding that in the first place if HMRC hadn't forced them to do so.

[Lance]

In HMRC eyes when it is a large corporation it is employee disguised as business when it is a local business it is just another service contract between businesses.

In HMRC's eyes a disguised employee is a disguised employee. A bum on seat at a large corporation just happens to be more likely to be a disguised employee.

HMRC are many things, but they don't just make assumptions of compliance based on unrelated factors like client size.

[jamesbrown]

Wow, you were serious.

[IR35equalshateoflittleguy]

In HMRC's eyes a disguised employee is a disguised employee. A bum on seat at a large corporation just happens to be more likely to be a disguised employee.

HMRC are many things, but they don't just make assumptions of compliance based on unrelated factors like client size.

https://www.taitwalker.co.uk/insight...nt-ir35-rules/

Is that wrong or you?

[IR35equalshateoflittleguy]

Wow, you were serious.

Serious? how can they accuse me of being a disguised employee when I have a business premises? As a business owner, I don't have time nor is reasonable for me to become an employee of every client that I take on.

[Lance]

https://www.taitwalker.co.uk/insight...nt-ir35-rules/

Is that wrong or you?

neither.
That is just about who has the legal liability to make the determination. Which has nothing to do with what the status is.

[jamesbrown]

Serious? how can they accuse me of being a disguised employee when I have a business premises? As a business owner, I don't have time nor is reasonable for me to become an employee of every client that I take on.

Or you're a disguised permie with a shed.

[eek]

Don't give me the "client decides" line either, because they wouldn't be deciding that in the first place if HMRC hadn't forced them to do so.

The client also decides who they want to work with - and I strongly suspect it wouldn’t be you

[northernladuk]

I've yet to see a respectable consultancy working out of a computer tat shop. Surely an office would look better wouldn't it?

[malvolio]

Serious? how can they accuse me of being a disguised employee when I have a business premises? As a business owner, I don't have time nor is reasonable for me to become an employee of every client that I take on.

Perfectly easily - if you took note of my first post in this thread.

Firstly IR35 is decided on a per contract basis. What else you are up to is irrelevant.

Secondly, you can only claim to be outside IR35 if you are supplying a turnkey project, i.e. a complete deliverable using your own resources, and even then it can be challenged. Supplying manpower replacement definitely isn't it. Doing bits of a project probably isn't either.

Thirdly, big corporates aren't going to deal with a risky, skinny resourced bloke on the high street, they use other big corporates for a reason.

And finally, when in a hole it is wise to stop digging at some point.