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[jamesbrown]

If that were true, it would've been a very simple fix. In reality, it's as much about generic IT contractors doing short gigs here and there and acting like employed temps. Of course, it's much more complicated than either of these things....

[jamesbrown]

The people who say "stuff it I'm not telling the client" are basically too scared, because they know the client wouldn't accept it and it's probably a breach of contractual terms too. They aren't professionals, IMHO.

[jamesbrown]

I think your expectations are a little out of whack, tbh. A response rate of ~20% is not bad, I reckon. Unless they have something suitable, there isn't much to say. But I think it was worthwhile as they will likely think of you if something comes up.

As you can see from the State of the...

[jamesbrown]

I'm not sure why that is a question, as they clearly aren't the same. You will need to inform the supply chain and your working status will need to be consistent with both the upper and lower contracts if there's an agency in the chain. If there's an agent, YourCo is not contracted by the client. The...

[jamesbrown]

The forum is powered by an exercise bike and Admin needs a break.

[jamesbrown]

The OP may have a fairly relaxed attitude to all this - if we look at similar questions in the past, I venture that most of those posters were looking to disguise their personal residency status to acquire UK contracts. I think that's basically what you're warning against (both of us are warning against)....

[jamesbrown]

I think the OP is implicitly referring to statute law, which is why I mentioned the contractual agreement, because that is the thing that will catch them out, not legislation, assuming they are otherwise operating their business properly (but that is tangential to the question of residency).

[jamesbrown]

Is it lawful? Yes. Is it "OK"? That's a bit more open-ended.

You will need to consider the tax implications of running a UK company from overseas, as you've likely created a permanent establishment overseas, which may have complicated reporting and tax implications in your country...

[jamesbrown]

Well, apparently they have, or are just about to - see above. One is the loneliest number . But it isn't zero....

[jamesbrown]

Fantasies.

[jamesbrown]

It isn't a red herring for exactly the reason you cite - the prospects of success are always going to be reasonable when the insured party has been diligent and having a full review of the contract and working practices is obviously diligent. My argument is that diligence, plus cover for legal expenses,...

[jamesbrown]

Fair enough. The tax loss cover is still a waste of money IMHO, whether it fits the Ch. 8 or Ch. 10 frameworks. It's the legal expenses cover that you want, and that is what shuts down compliance checks - dealing with HMRC promptly, accurately and carefully - not the promise of covering tax losses "subject...

[jamesbrown]

All of the above speaks to cover for professional fees, not tax loss. Basically the scenario where “you do your due diligence” and then you lose is really very unlikely. Either way, I think we’re talking about Chapter 8 here, not 10, so small or overseas clients. I don’t believe QDOS provides...

[jamesbrown]

Probably not, at least I haven't heard about it, and you would expect to hear about it because it's a good advertisement. Remember, this will only happen in a finely balanced case that carries such insurance, has a reasonable prospect of success, and ultimately loses. There may be examples out there,...

[jamesbrown]

Arguably, it’s worthless because there needs to be a reasonable prospect of success and, if there’s a reasonable prospect of success, the statistics favour the taxpayer. Either way, if you’re in the territory of careless or deliberate/concealed behaviour (i.e., extended timeframes), there won’t...

[jamesbrown]

VAT is governed by place of supply rules. The general rule for B2B supplies is that tax is due where the business customer belongs, so if the business customer belongs in the UK, then VAT is due. If the business to which you are supplying your services has several establishments and you are delivering...

[jamesbrown]

You don't really have a choice on the former as ESTA is completed in advance. On the latter, yes, that won't hurt. You can play it down, but if you are sent back, you will need a visa next time. Personally, I would think twice about travelling to the US at the moment (and most of my clients are the...

[jamesbrown]

No, visa waiver (I mean, in general, not WTFH). However, you cannot do "productive" work on a visa waiver (or even a B-1 business visa). Meetings are fine. Sitting at a computer and writing code is not fine. That said, with the current state of things, I'm not sure I'd want to explain the...

[jamesbrown]

Yeah, but that really only works if it isn’t a facade. Something to bear in mind with US clients is that they’ll never speak to HMRC and that isn’t necessarily in your favour when they were recruiting for a permie and there’s a record of that somewhere. It could be worse, though. Anyway, document...

[jamesbrown]

It’s a US tax form filed by companies who paid independent contractors to report income to the IRS. Not relevant to a non-US Person performing work outside the US, which is considered “non US source income” and has no reporting requirement or tax to withhold. But many US clients won’t have a...