Public sector contracting

[northernladuk]

My contracts are always with the Agent, who are not public sector, the end client could be anyone (NHS, DOD etc), but I don't have a contract with them. sorted!

But it is your relationship with who you are working with not particularly who you are contracted with. This is pretty fundamental when it comes to IR35. They are about working practice at client, not contract.

[louie]

But it is your relationship with who you are working with not particularly who you are contracted with. This is pretty fundamental when it comes to IR35. They are about working practice at client, not contract.

Yes I know, I was being facetious.

The bottom line for me is, if I am forced to pay the equivalent tax as a permie then I will require sick/holiday pay and other benefits, and I will fight it all the way to the European Courts if need be,

[d000hg]

In that case they can lower their rates as if you're a permie too!

[louie]

In that case they can lower their rates as if you're a permie too!

Then I will hand in my 3 months notice and be on Garden Leave at home.

[d000hg]

It seems to me you lack a clear understanding of how tax and contracting work. Why do you think that paying tax to HMRC should make your CLIENT give you holiday pay? They are totally unrelated.

[louie]

It seems to me you lack a clear understanding of how tax and contracting work. Why do you think that paying tax to HMRC should make your CLIENT give you holiday pay? They are totally unrelated.

It's clear you don't understand what IR35 is, HMRC are claiming you are just an employee and should be taxed like one.

[d000hg]

No they're not, they're also claiming you have to pay employer's NI aren't they?!

Regardless, PAYE doesn't buy you employee rights and nobody is saying you have to go PAYE anyway, just pay full tax on your earnings (oh no!). Your quibble is with HMRC not the client.

How anyone things it's reasonable they pay less % tax as a contractor I just don't get. It's nice we don't have to but claiming it's some sort of right is daft.

[eek]

It seems to me you lack a clear understanding of how tax and contracting work. Why do you think that paying tax to HMRC should make your CLIENT give you holiday pay? They are totally unrelated.

Seems? Louie / Russell definitely lacks an understanding of many things.

[speling bee]

So don't give them the option. If that is the perceived threat find somewhere else and walk away. And if they ask why say that that perceived threat (even if its slight) was enough for you to start contract hunting.

It may come to that and I am indeed looking around. However, my business and expertise are healthcare system improvement so I am limited in my options. Time to branch out I guess, but it's not as simple as of I was a pure PM or BA.

[bobspud]

It may come to that and I am indeed looking around. However, my business and expertise are healthcare system improvement so I am limited in my options. Time to branch out I guess, but it's not as simple as of I was a pure PM or BA.

Why not ask the client if they are actively telling you to leave?

My client buckled pretty fast after the first 5 guys walked off site. We are now being told that a qdos contract review is enough.