- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- 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!
Reply to: IR35 query/Concern(Please Help)
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "IR35 query/Concern(Please Help)"
Collapse
-
Also the end client might not be happy to see you back if you rock up for another company, having flounced off from the 1st supplier - they might tell me company they don't want you
-
Originally posted by dk2011 View PostHi All,
I was a permanent employee for a consulting company XYZ and used to work for one of their client.
I have left that job as I was looking to work as a contractor.
Now I have got a contract offer for a different consultancy company (name removed to stop you getting spotted...) but their client is same and I'm working on the same project.
For the time being I'm contracting through Umbrella company but would like to set up my own limited company.
Is there any concern regarding IR35 in this case? Your help is highly appreciated.
Thanks.
<admin note>I have removed the client name in case it comes back to bite you...</admin note>
Leave a comment:
-
Originally posted by AndyAccountingIT View PostInitially looking at your issue raised. Yes there would potentially be a concern over IR35. HMRC look to see if a contractor was previously directly employed by their end user and, if so and more recently HMRC are more likely they will determine the contract is under IR35. We would have to look at the dates any potential conflicts in greater detail about your specific case.
Leave a comment:
-
IR35 - Advice
Originally posted by dk2011 View PostHi All,
I was a permanent employee for a consulting company XYZ and used to work for one of their client.
I have left that job as I was looking to work as a contractor.
Now I have got a contract offer for a different consultancy company (name removed to stop you getting spotted...) but their client is same and I'm working on the same project.
For the time being I'm contracting through Umbrella company but would like to set up my own limited company.
Is there any concern regarding IR35 in this case? Your help is highly appreciated.
Thanks.
<admin note>I have removed the client name in case it comes back to bite you...</admin note>
Leave a comment:
-
Originally posted by dk2011 View PostIn this forum i was suggested to Join IPSE+ . Does that protect me for IR35 as well. Could you please advise.
IPSE membership at any level will fund a tax investigation (whether that is S660, business records check, IR35...). They will not cover any fines etc. if you lose though, which is why I also have Qdos insurance.
In terms of the other benefits that you get from IPSE+ membership, I see membership as a no-brainer (even if you don't believe in the path that they are taking as an organisation).
Leave a comment:
-
Well kudos to QDOS. I thought they just insured every man and their dog with no risk factoring cause it's easy money.
Leave a comment:
-
Originally posted by dk2011 View PostHi ,
I was suggested to buy insurance from QDOS and this is what they have to say regarding my situation.
This sounds strange.
-------------------------------------------------------------------------------------------------
I’m afraid as it currently stands we would be unable to offer you the Tax Liability Cover Insurance given your end client has remained the same and we currently do not have enough information.
Ultimately, it is the connection between end client / yourself (or the limited company in the case of a contractor) that HMRC are interested in, so that the “Middleman” has changed wouldn’t make much of a difference.
------------------------------------------------------------------------------------------------
In this forum i was suggested to Join IPSE+ . Does that protect me for IR35 as well. Could you please advise.
FWIW (probably not much ), I don't immediately agree with QDOS, although it's their prerogative, and they do mention insufficient information. You're not working via an agency, but via a supplier, and the end-client in this case is the supplier, not their client (i.e. the client's client). That being said, IR35 is based on a hypothetical contract to begin with, so they could potentially "look through" the arrangement to define the end client as they choose (although I think this is questionable, and perhaps of questionable value too).
Leave a comment:
-
Hi ,
I was suggested to buy insurance from QDOS and this is what they have to say regarding my situation.
This sounds strange.
-------------------------------------------------------------------------------------------------
I’m afraid as it currently stands we would be unable to offer you the Tax Liability Cover Insurance given your end client has remained the same and we currently do not have enough information.
Ultimately, it is the connection between end client / yourself (or the limited company in the case of a contractor) that HMRC are interested in, so that the “Middleman” has changed wouldn’t make much of a difference.
------------------------------------------------------------------------------------------------
In this forum i was suggested to Join IPSE+ . Does that protect me for IR35 as well. Could you please advise.
Leave a comment:
-
Originally posted by dk2011 View PostIf a particular contract falls under IR35 , Does that mean from there onwards company will operate only under IR35 for all subsequent contract ?
IR35 is assessed on a contract by contract basis. If you have concurrent contracts, it's possible to have one inside IR35 and one outside at the same time.
Leave a comment:
-
Originally posted by dk2011 View PostHi northernladuk , Handcuff clause isn't an issue.
Thanks for guiding me towards ipse(https://www.ipse.co.uk/member-benefits) . I'll go through the same.
One more related query . If a particular contract falls under IR35 , Does that mean from there onwards company will operate only under IR35 for all subsequent contract ?
IR35 has factors that relate to the contract and the conduct of that contract, if the conduct of the client tends to be inside on one contract there's a fair risk it may well be on subsequent contracts.
Leave a comment:
-
Hi northernladuk , Handcuff clause isn't an issue.
Thanks for guiding me towards ipse(https://www.ipse.co.uk/member-benefits) . I'll go through the same.
One more related query . If a particular contract falls under IR35 , Does that mean from there onwards company will operate only under IR35 for all subsequent contract ?
Leave a comment:
-
How long ago were you a permie? Is your handcuff clause going to be a problem or raise any eyebrows or has sufficient time passed?
As long as you get your contract reviewed, understand IR35 and don't shaft yourself through working practices, and get IPSE+ membershi then you will be as safe as anyone is IR35 wise.
Leave a comment:
-
Depending on contract wording and actual working practices of course I wouldn't be too worried about the IR35 position.
You're working for a different supplier in a different position, it just happens that it's the old client and project. Unless the new role and your old employed position are essentially the same it looks to be on safe ground.
I'd be far more concerned about your old employer making a fuss over non compete clauses in your old employment contract.
Leave a comment:
-
IR35 query/Concern(Please Help)
Hi All,
I was a permanent employee for a consulting company XYZ and used to work for one of their client.
I have left that job as I was looking to work as a contractor.
Now I have got a contract offer for a different consultancy company (name removed to stop you getting spotted...) but their client is same and I'm working on the same project.
For the time being I'm contracting through Umbrella company but would like to set up my own limited company.
Is there any concern regarding IR35 in this case? Your help is highly appreciated.
Thanks.
<admin note>I have removed the client name in case it comes back to bite you...</admin note>Last edited by dk2011; 16 January 2015, 14:23. Reason: Removed company name for getting spotted (Thanks a lot Admin)Tags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: