Am i really inside Ir35

[VectraMan]

What are my chances of getting out of this IR35 zone if I go direct to client?

I'm doing this. After a lot of thought I decided I couldn't justify not paying up even though the chances of being caught are slim. It's still worth doing and WFH offsets a lot of the money I lose vs. a different outside IR35 contract and having to commute, plus I haven't wasted any money on contract reviews or QDOS/IPSE or accountants.

The old Business Entity Test (which in theory isn't used any more) says pretty explicitly that if you worked for the same client as an employee in the last year and the role isn't significantly different (a change of location doesn't count as different otherwise I'd get out of it on WFH) then you lose a bunch of points. Fixed price work would probably get you out of it IMO as an employee would never work that way.

[ASB]

What are my chances of getting out of this IR35 zone if I go direct to client?

Slim. Very slim from your description of being in the same role.

However it is not impossible. If you agree terms which genuinely provide you with the opportunity to profit or loss then your chance are much improved. Obviously this would be a radically different arrangement to that which you currently have.

e.g. fixed price pieces of work would help. Not a silver bullet by any means but much more defendable.

[SlipTheJab]

Also check that the agency contract doesn't stop you from going direct, considering you found the role it shouldn't but they can be sneaky buggers! I had that when I was forced to use an agency despite finding a direct role a while back, told them to shove their exclusivity clause (and the opt out for that matter)!

[crazyman1979]

I do have a second contract which is outside IR35 and will hopefully be moving over to that full time once this one finishes, so looks like this one will be staying inside IR35

Thanks for the advice!

[BolshieBastard]

Hi

New to the forum.

Last april I quit my permie job and was offered a decent rate to stay on as a contractor - I used to be a contractor in the early 2000's and always fancied getting back into it, so I jumped at the chance when my new role kind of fell through.

I phoned up an agency and they took me on for a 5% fee, all has been well and i have just had an offer to stay for another 6 months but on the condition that I ditch the agency as my company has had all sorts of problems with them.

So I'm thinking of going direct to the client and will get the 5% fee back in my pocket - I always assumed because I worked as a permie for the same company in the same role that I'm always going to be inside IR35 - however I have heard some advice that going direct could get me away from this.

What are my chances of getting out of this IR35 zone if I go direct to client?

Much Love

R.

LOL!

You've got bob hope and no hope. Take your pick!

[WordIsBond]

The answer to the question is another question -- what changed?

[TheFaQQer]

Suck it up and go inside IR35 as a contractor at your old permco.
You're inside or outside IR35 on a contract-by-contract basis so once you've finished your inside IR35 gig, there's nothing to stop you going full on contractor in an outside IR35 gig next time.

Or even doing two contracts at the same time where one is inside and one is outside - like I do at the moment

[LondonManc]

Suck it up and go inside IR35 as a contractor at your old permco.
You're inside or outside IR35 on a contract-by-contract basis so once you've finished your inside IR35 gig, there's nothing to stop you going full on contractor in an outside IR35 gig next time.

[TykeMerc]

Zero. But at least they are unchanged.

Maybe HMRC will be busy and you will fall through the net?

Indeed.

As everyone has said you're a Friday-Monday contractor, that's automatically inside IR35 barring some fairly freakish changes in the work you're doing.

The fact there is or isn't an agency involved is utterly irrelevant in IR35 terms.

[BrilloPad]

What are my chances of getting out of this IR35 zone if I go direct to client?

Zero. But at least they are unchanged.

Maybe HMRC will be busy and you will fall through the net?

[northernladuk]

If you have to ask if you are inside IR35 you probably are

Yes, Friday to Monday contractor which was what the whole thing was designed for. There is a little wiggle room about doing completely a different role and being treated like all the other contractors but IMO it's highly likely you'll be in the same area'ish so part and parcel. You'll still think like a permie, 'client' will still think of you as an employee so you are caught. HMRC will want to come and have a look and will need a lot of convincing but by then it's too late.

If you are going to go contracting don't bother with the easy (but it isn't) route. Get out there and do it properly.

[MrMarkyMark]

What are my chances of getting out of this IR35 zone if I go direct to client?

None, if it is the same duties and engager as your previous perm / contract role.
Going direct won't make any difference.

This what IR35 was originally "designed" to prevent.

[crazyman1979]

Hi

New to the forum.

Last april I quit my permie job and was offered a decent rate to stay on as a contractor - I used to be a contractor in the early 2000's and always fancied getting back into it, so I jumped at the chance when my new role kind of fell through.

I phoned up an agency and they took me on for a 5% fee, all has been well and i have just had an offer to stay for another 6 months but on the condition that I ditch the agency as my company has had all sorts of problems with them.

So I'm thinking of going direct to the client and will get the 5% fee back in my pocket - I always assumed because I worked as a permie for the same company in the same role that I'm always going to be inside IR35 - however I have heard some advice that going direct could get me away from this.

What are my chances of getting out of this IR35 zone if I go direct to client?

Much Love

R.