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Recent content by NFH

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    Huge difference in take-home pay between umbrella PAYE and agency PAYE

    Yes. I've corrected that error. Thanks.
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    Huge difference in take-home pay between umbrella PAYE and agency PAYE

    The daily rate is the same for both, but the take-home pay figure is substantially more for agency PAYE, because the agency doesn't deduct Employer's NI, apprenticeship levy and an admin fee, whereas the umbrellas do.
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    Huge difference in take-home pay between umbrella PAYE and agency PAYE

    No, I won't according to the contract. It's a large reputable agency. They don't claim to have a way of avoiding Employer's NI, and perhaps it is their error. Given that they push everyone to umbrellas (from which they probably get commission), it wouldn't surprise me if there are so few...
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    Huge difference in take-home pay between umbrella PAYE and agency PAYE

    The contract doesn't state that they will deduct Employer's NI. Maybe I should just sign it, and then it will be contractually binding. Furthermore, the agency's illustration agrees with the contract that the agency will not deduct Employer's NI. For the same daily rate, the take-home pay figure...
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    Huge difference in take-home pay between umbrella PAYE and agency PAYE

    I've been contracting and consulting in banking for over 20 years via my own limited company. I have just been offered a contract via a well-known recruitment agency at a well-known bank. Now that the banks refuse to engage with limited companies because of IR35, the recruitment agency has...
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    Supply of services with no named workers always outside IR35?

    If Section 49(1)(a) is not satisfied, then the rest of Chapter 8 (or "the law" as you put it) falls away and becomes irrelevant. I prefer to look at wording of the specific legislation and case law than to refer generally to "the law".
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    Supply of services with no named workers always outside IR35?

    I addressed this in the third paragraph of my original post. Clients would get the workers they want, even if no individual workers are named anywhere in the supply chain.
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    Supply of services with no named workers always outside IR35?

    The point is this. If Section 49(1)(a) of the Income Tax (Earnings and Pensions) Act 2003 is not satisfied, then the obligations of the proposed legislation upon the client all fall away. Contractors, agents and clients should be working together to find a way to ensure that Section 49(1)(a) is...
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    Supply of services with no named workers always outside IR35?

    The question is not about whether there's anything we can do about clients taking this risk-averse approach. The question is why end-clients are not moving towards hiring named companies instead of hiring named individuals, which would arguably get around all the problems of the proposed changes...
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    Supply of services with no named workers always outside IR35?

    Not true. The total amount paid by the client is not then in turn paid via PAYE to the employees. I know of no consultancy that does this, because they would make no profit if they did so. Yes, sometimes we do use contractors, which never caused a problem in the past. Please can we get this...
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    Supply of services with no named workers always outside IR35?

    We are in theory excluded, but the large banks are refusing to engage engage any small consultancies, even outside IR35, as a result of the proposed legislation, which has not even been enacted. They insist that our employees become employees of an umbrella. The proposed legislation was not...
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    Supply of services with no named workers always outside IR35?

    Clearly you are indeed NotAllThere. The Income Tax (Earnings and Pensions) Act 2003, from which I quoted, did not even exist in 2000. The clue is in the name of the legislation, and many parts of it have been added by amending legislation since 2003. Your comments are totally irrelevant, even if...
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    Supply of services with no named workers always outside IR35?

    The proposed off-payroll rules would amend Chapter 8 of the Income Tax (Earnings and Pensions) Act 2003 with effect from 6th April 2020. Within Chapter 8, Section 49 states “Engagements to which this Chapter applies (1) This Chapter applies where — (a) an individual (“the worker”) personally...
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    Mandatory directorship/shareholding of company

    The sub-contractors are not under our or our client's direction and control. Both their contract with us and their relationship with other parties already cause them to fall outside IR35. That's why the approach by the agencies is so absurd.
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    Mandatory directorship/shareholding of company

    We are a small consultancy which supplies consultants to investment banks. Our consultants comprise two directors/employees as well as sub-contractor limited companies; we charge a small margin on supplying the latter. We supply our services to investment banks both directly and via recruitment...

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