Working practices trump the contract. You started off on completely the wrong track. IR35 is on a contract by contract basis. It has f'all to do with most of the stuff you put.
I'd start by reading the newbie guides to the right and start doing some research. It's not difficult to get a basic grasp of IR35 and other aspects of the way you work you have completely failed to grasp. Hint, you can't opt out of AWR.
Time to get a bit more knowledgeable about what you do IMO.
- 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: Am I caught by IR35 or not ?
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 "Am I caught by IR35 or not ?"
Collapse
-
Originally posted by teapot418 View PostThere are (currently) three key "pillars" of IR35 - mutuality of obligation; Supervision, Direction and/or Control; and Right of Substitution - which have little relevance to your list above.
Suggest that you read up about IR35 - there's a guide on the right IR35 Legislation - Advice, Help and Information for UK Contractors , or IPSE have a good guide for members. Get your contract reviewed, and be vigilant in your working practices. Take out insurance.
For Mutuality of obligations it says that the agency are not obliged to offer ongoing contracts to me nor am I obliged to accept such contracts if offered. I am not obliged to make my services available. Specifically both parties declare that they do not wish to create or imply mutuality of obligations whatsoever.
For Control it says the agency shall not control, nor have the right to control as to how my company perform the services. The agency recognises that my company offers specialist services at a high level of expertise and as such I cannot be told how to perform the services or the manner in which they are performed.
For Right of Substitution it says my company shall only utilise the services of suitable and competent personnel in providing the services. My company may enter into any arrangement or agreement or provide any services to any other undertaking or business, provided that such arrangement does not conflict with the interest of the agency.
Leave a comment:
-
Originally posted by DaveB View PostThe two things are not related. IR35 depends on your contract and your working arrangements. The agency reporting requirements are a sperate legal requiremtn from HMRC on them.
You should get your contract checked by one of the recommended advisors on here and make sure your working arrangements are such that they don't contradict your contract (assuming it is IR35 friendly, if it isnt get it changed.).Last edited by Reckoner; 27 August 2015, 12:53.
Leave a comment:
-
Originally posted by LisaContractorUmbrella View PostIf the answer to all the above questions is yes and that's a genuine reflection of the way that you work and not just what's written into a contract then you will be outside IR35.
Leave a comment:
-
Originally posted by Reckoner View PostI have been paying myself a salary of £640/month and taking the rest in dividends. I have instructed my accountant to operate my payroll accordingly.
Leave a comment:
-
Originally posted by Pondlife View PostGiven that you don't know whether you're inside or out, how have you been paying yourself for the past 4 months? I assume your accountant does your payroll? In what way have you instructed them to operate your payroll? How much salary are you paying yourself?
Leave a comment:
-
If the agency offers work can you refuse it? Can you terminate the contract at any time? Could you send in a substitute on your behalf if you weren't able to attend the contract? Are you financially responsible if you make a cock up? Do you provide your own equipment? Do you just get on with the work that you've been contracted to do without needing to be overseen by someone in management?
If the answer to all the above questions is yes and that's a genuine reflection of the way that you work and not just what's written into a contract then you will be outside IR35. If you can answer yes to some then have a read of one of the IR35 guides that are available. If you've been drawing dividends from your company for the last 4 months then I would get reading PDQ
Leave a comment:
-
Yes you are caught.
Haven't read the OP's post though, just assumed...
Leave a comment:
-
Originally posted by Reckoner View PostI started working as a Ltd Company contractor for a client via an agency about 4 months ago. Recently I received one of those letters from my agency about the new HMRC Reporting regulations where they ask for personal details for all non-PAYE workers.
I guess this is to make it easier for HMRC to chase IR35. I've read a lot about IR35 and am still not 100% sure if I fall outside or not. I would appreciate opinions whether I'm likely to be caught or not ? Here's my case for falling outside:
I don't get paid for any time off for sickness and holidays.
I don't receive any other employee benefits, e.g. company pension.
I only receive payment once I have submitted an invoice, so the payment terms reflect those that exist between commercial companies rather than those that exist for employees.
I opted out of the Agency Workers Regulations (AWR).
I have to provide public liability insurance & professional indemnity insurance as part of my contract.
I also operate my Ltd Company for other business, e.g. courier work directly, which is not via an agency.
I am VAT registered and submit VAT invoices for payment of my services.
Regards,
Peter
Suggest that you read up about IR35 - there's a guide on the right IR35 Legislation - Advice, Help and Information for UK Contractors , or IPSE have a good guide for members. Get your contract reviewed, and be vigilant in your working practices. Take out insurance.
Leave a comment:
-
Leave a comment:
-
Originally posted by Reckoner View PostRegards,
Peter
Another one for General me thinks.
Leave a comment:
-
Given that you don't know whether you're inside or out, how have you been paying yourself for the past 4 months? I assume your accountant does your payroll? In what way have you instructed them to operate your payroll? How much salary are you paying yourself?
Leave a comment:
-
Originally posted by Reckoner View PostI started working as a Ltd Company contractor for a client via an agency about 4 months ago. Recently I received one of those letters from my agency about the new HMRC Reporting regulations where they ask for personal details for all non-PAYE workers.
I guess this is to make it easier for HMRC to chase IR35. I've read a lot about IR35 and am still not 100% sure if I fall outside or not. I would appreciate opinions whether I'm likely to be caught or not ? Here's my case for falling outside:
I don't get paid for any time off for sickness and holidays.
I don't receive any other employee benefits, e.g. company pension.
I only receive payment once I have submitted an invoice, so the payment terms reflect those that exist between commercial companies rather than those that exist for employees.
I opted out of the Agency Workers Regulations (AWR).
I have to provide public liability insurance & professional indemnity insurance as part of my contract.
I also operate my Ltd Company for other business, e.g. courier work directly, which is not via an agency.
I am VAT registered and submit VAT invoices for payment of my services.
Regards,
Peter
You should get your contract checked by one of the recommended advisors on here and make sure your working arrangements are such that they don't contradict your contract (assuming it is IR35 friendly, if it isnt get it changed.).
Leave a comment:
- 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: