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Recent content by Patrick@Intouch
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IR35 status through SAP
If a company has a group undertaking, subsidiaries, or even an office in the UK then it is considered to have a presence in the UK.- Patrick@Intouch
- Post #6
- Forum: IR35 Reform
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IR35 status through SAP
If SAP South Africa has a UK presence and that is the company that you will be working for then it is for them to provide the status determination. That doesn't necessarily mean that the role will be inside IR35 and the status will not be determined by who your client is (that is to say that...- Patrick@Intouch
- Post #3
- Forum: IR35 Reform
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Does this sound right?
There is no reason that HMRC will have an issue with you working self-employed under CIS. IR35 doesn't apply to self-employment and your earnings are still subject to the same rates of income tax as employed people. You'll pay NICs under Class 2 at £3.5 per week and under Class 4 at 9% on...- Patrick@Intouch
- Post #4
- Forum: Accounting / Legal
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Experiences with closing a company via InTouch?
Hi Isky, I'm sorry that there has been a delay in progressing the closure of your company and would love to discuss this with you. If you're happy to share contact details in a PM then I'd be happy to look into this for you and get this moved along.- Patrick@Intouch
- Post #2
- Forum: Accounting / Legal
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Opening a new Ltd Co less than 2 years after MVL (but NOT claiming ER)
Yes, opening another company and carrying on the same trade or activity as the old one within 2 years of that company having been dissolved only affects your ability to treat the distribution from the old company as a capital gain. You can open a new company and carry out the same or similar...- Patrick@Intouch
- Post #2
- Forum: Accounting / Legal
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Recruitment agency wants me to do a CEST and send them the output??
Also, don't use CEST. It's flawed and biased and the best option would be to have a professional review your contract and working practices and provide a report detailing which clauses/behaviours add to or take away from the overall risk that IR35 applies. That might then start a discussion...- Patrick@Intouch
- Post #9
- Forum: IR35 Reform
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IR35 sanity check....
Control with regards to IR35 status isn't about scheduling milestones, that's just setting out what's required operationally to get a project delivered on time and therefore (potentially) within budget. It also isn't about attend site occasionally for team meetings. If you are working on...- Patrick@Intouch
- Post #8
- Forum: Accounting / Legal
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IR35 sanity check....
MOO is complex and doesn't only refer to obligations outside of the current agreement. In order for MOO to exist there has to be obligation on the engaging party to offer work and on the engaged party to accept. This applies equally to within the current contract and after it. It's helpful to...- Patrick@Intouch
- Post #7
- Forum: Accounting / Legal
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Help needed please
There is no need to even consider MVL if the company has less than £25k net assets in the business. You can work out what your net assets are by deducting all liabilities (what the company owes - for corporation tax and possibly to you) from all company assets (what the company owns - probably...- Patrick@Intouch
- Post #4
- Forum: Accounting / Legal
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Providing fair value of assets for closure - where do you draw the line
You only need to obtain a fair value for any items treated as assets on the balance sheet. These items are fixed assets and will appear in the company accounts each year, reducing in value each year as a result of depreciation. It's likely that you will either have been claiming an amount of...- Patrick@Intouch
- Post #5
- Forum: Accounting / Legal
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Selling sole trador items under limited company.
Is this your personal camera? If it is then you can simply sell the camera to the person that wants it without there being any tax implications. One-off sales of personal assets where those assets are not held for investment purposes does not constitute a trade and will not give rise to...- Patrick@Intouch
- Post #4
- Forum: Accounting / Legal
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fixed assets or expense
Hi, Most accountants will have a "rule" that they apply when deciding whether a purchase should be classified as a balance sheet (capital cost) or profit and loss (revenue cost) item. It is up to you as a director to decide on the appropriate cost basis for capitalising assets. If you've...- Patrick@Intouch
- Post #2
- Forum: Accounting / Legal
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Sole Trader and IR35
There is no intermediary involved where someone trades as a sole trader, hence why the Intermediaries Legislation (IR35) doesn't apply. What does apply is employment law and HMRC can and have challenged the status of self employed people where they think the relationship is more like a...- Patrick@Intouch
- Post #5
- Forum: Accounting / Legal
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Free T Shirt!
Yup, it's that well known benefit of employment, free T-shirts! There are now four central tests, Personal Service, Control, Mutuality of Obligations and T-shirt!- Patrick@Intouch
- Post #4
- Forum: General
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Apportioning tax-deductible business expenses, between outside and inside IR35 roles
It is also possible with some contractor accounting providers (ahem) to switch between trading through a limited company and using an Umbrella solution for those contracts deemed inside IR35. This keeps the accounting simple but does mean that you'd need to have a discussion with your account...- Patrick@Intouch
- Post #4
- Forum: IR35 Reform
