Another (possibly silly) IR35 question

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SimonMac replied

14 July 2015, 16:27
Originally posted by jamesbrown View Post

Without wishing to be too dismissive, it's worth doing some reading yourself (see the guides here and over at IPSE, for example). As Mal said, it's applied separately to each contract. So, by definition, having multiple contracts for separate pieces of work is irrelevant (while working on projects that are outside of the scope of all contracts with a given client is not).

It is entirely feasible you could be "inside" on one of the contracts and "outside" of the other, although I assume as the contacts will be worded similar it will no likely increase or decrease your chances than you are now already as others will point out its more about working practices than contract working.
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jamesbrown replied

14 July 2015, 16:23
Originally posted by computerguru View Post

Thanks for you reply.

I asked this question because my understanding for IR35 is that, if you are not treated as an employee by your client than you are out of IR35? A company (client) will never do a separate contract with their employees for a piece of work. Will they?

Without wishing to be too dismissive, it's worth doing some reading yourself (see the guides here and over at IPSE, for example). As Mal said, it's applied separately to each contract. So, by definition, having multiple contracts for separate pieces of work is irrelevant (while working on projects that are outside of the scope of all contracts with a given client is not).
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computerguru replied

14 July 2015, 16:17
Originally posted by northernladuk View Post

IR35 is about contract and working practices. Not who you are contracted to and how you get paid. Nothing 'alone' is going to keep you outside IR35 to the extent you can forget everything else. There is no silver bullet unless you are truly working as a small business.

Thanks for you reply.

I asked this question because my understanding for IR35 is that, if you are not treated as an employee by your client than you are out of IR35? A company (client) will never do a separate contract with their employees for a piece of work. Will they?
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northernladuk replied

14 July 2015, 16:10
IR35 is about contract and working practices. Not who you are contracted to and how you get paid. Nothing 'alone' is going to keep you outside IR35 to the extent you can forget everything else. There is no silver bullet unless you are truly working as a small business.
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jamesbrown replied

14 July 2015, 16:08
No. In contrast, working on tasks that are outside of the scope of all existing contracts with a given client would be a negative pointer towards D&C.
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malvolio replied

14 July 2015, 16:03
Why would it? IR35 is assessed on a per contract basis.
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computerguru started a topic Another (possibly silly) IR35 question

14 July 2015, 15:58
Another (possibly silly) IR35 question

Hi guys,

Just a quick question regarding IR35.

I am working with a client as a software developer contractor (Limited company director). My contract is with a recruitment agency. Recently the client asked me to do some additional work in same field, for which the client is going to do a separate contract with my limited company (recruitment agency is aware and are happy with it). The client is going to pay directly into my business account

My question is, does this kind of arrangement alone can help me in keeping me outside of IR35?

Many thanks
Tags: ir35