Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
I have just read the transcript and ruling - its below if you want to have a look but its not as clear as summarised at CUK. I have included certain points but have paraphrased...
This is one for your accountant worded such that you dont step on their ethics but IR35 is only one part of your liabilities. I think if you closed down your company which will still take best part of a year and went permie then the Inland Revenue are more likely not to pursue you for an old...
As long as you are not closing your company down for tax evasion as this is more serious, i.e. phoenix. However I agree with you, your liability changes when you shut down so if you have reason to do this (such as a bad debt not paid) then your accountant may advise you to close down anyway.
Why if its more than six years ago? My solicitor advised me they have no obligation to hold or return they can destroy after 6 years one day. I checked with companies house and they have stated the same, in fact they stated you only have to produce the evidence if its legally possible for you...
This has always been the case and is why its better to go direct if you can. For me this would be a good thing if Contractors finally move away from Agenices so that more companies will source direct.
I think the rest of your response is very true and well put. I think contracting is becoming...
Is the Ltd name a typo? the Ltd company listed on CUK is dissolved and was only formed in 2005. There is a company from 1996 listed at CH with a slight variation.
Each contract assessed individually is only one component of an investigation as I stated. If I have one term that points to self employment in one contract, working practice points to self-employed. The other 40 terms point to self employed, the other 50 contracts point to self-employed you...
I could not agree more but this is not what was being discussed. The issue I stated is that having a notice period, paid or unpaid, at home at work etc will not change your tax position alone.
Your contract must reflect your working practice, I thought I'd made this point strongly enough...
Have you ever had an investigation? My contracts were not even requested to very far down the line and then only some of them. Most documents that I had requested were random they just said we need all documents between period x and period y.
The point you make is valid but the way you make it is wrong.
Small claims can be filed online. There is a fee but this is very small (the bit you gamble). The defendent cannot normally adjourne a small claim, it will be heard if either party is absent under the 7 day rule. You do not need...
On this point you are correct, of course your circumstances will have a bearing but to expand. If you hold nothing else to indicate self employment then you may be classed as a diguised employee. Your working practice is much more important.
Its also worth saying if you declare yourself...
You are right 'fighting' is the hassle but if judgement is awarded against you, its a small claim and you are not making a claim for the purpose of abuse then it does not matter if you lose it terms of cost it costs you just your time. If you are good at what you do and the client wants you to...