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What's the problem here? The council were right on two out of three occasions!!!
There is more than one customer here. There are parents who genuinely live in the catchment who also deserve to have their rights protected by the council.
It is distasteful but the truth of the matter is people...
My accountant did it for me. He answered No/No and it never occured to me that it was worth worrying about. Whatever the 'right' answer is I daresay thousands have answered it 'wrong'...
There was a recent case where a clause in the service provider - agency contract allowing substitution was overidden by the fact that substitution would not be allowed in the agency - client contract. The substitution clause was deemed a sham.
Personally, I think there is a bigger danger of D&C...
Ahh...fair enough.
We haven't concluded negotiations yet. I raised it here as I wanted to check I wasn't being an awkward sod about it. As part of the negotiotion I will be insisting on a mirror clause. I agree, without it my contract would be worthless.
Because clients don't always know (or...
I am doing something about it. We are negotiating...
To be honest beating up on agents strikes me as pointless. All that would happen is that agencies would remove their dodgy RoS clauses. Where's the benefit to small suppliers?
The real issue is why are clients (or primarily client HR...
Funnily enough I was quite positive about this. I am quite impressed that in the space of a few weeks they've managed to get the client's HR department to agree to anything!
Will do...
Yep will do that too...
It would. I'm keeping my powder dry...
I am. However, I don't really expect...
Point taken. However, in my defence I simply hadn't spotted where the lack of clarity lay. I genuinely thought I was being clear and my actual point was being ignored.
I'm not so sure that's fair either but for future reference, anyone who is dismissive, accusative or sarcastic with me is...
Give over...
That's fine by me and irrelevant...
Nope. HMRC has come up with (arbitrary) definitions for a 'deemed employee'. HMRC then insists on PAYE and NICs for 95% of turnover from those 'captured'. The targeted small business then quite obviously resist vigorously, minimising the...
No he didn't and now neither have you.
My question doesn't require definition of 'deemed employee', 'contractor' or 'small business'. For the sake of argument I am going with HMRC's definitions.
My question is why did they go for applying PAYE + NICs to 95% of turnover which was bound to...
Please stick to the point. The issue of definition arises whichever system you use.
I contend that IR35 is simply seen as 'over the top'. If it had been pitched more reasonably and clearly (e.g a third of turnover but feel free to insert something more reasonable and/or clear if you prefer) the...
Progress report:
I have been informed that the agency now has an agreement with the client to allow substitution. However I would need to get approval in advance in writing 'which would not be witheld in the agent's reasonable view'.
Am I being picky as that doesn't seem to me to be quite the...
At the risk of asking a stupid question. Instead of IR35 why didn't HMRC simply say all contractors must pay a fixed proportion (e.g. at least a third) of turnover as salary?
Unfortunately yes!
The problem is ALL accountants say the right things to win your business. You can't really tell if it's true till you give them your business. The risk of your accounts being messed up in the changeover is too scary without some sort of guarantee...