Closed contract - new contractor at ex-client is umbrella worker

[ASB]

I you are contracting via an umbrella on a paye basis then ir35 is an utter irrelevance since it cannot possibly apply.

Unless of course you happend to hold more than 5pc of the umbrellas shates.

[Guesstimator]

New contractor may well be outside too but choosing to use an umbrella for other reasons.

Don't worry about future contractors, just your own circumstances, most times you'll not know what happens after you finish anyway. The new role may not be 100% the same unless you chose to leave and they filled the gap rather than client not having a need for you anymore.

Yeah, it's me that's leaving of my own volition so the role should remain the same, I can't see any reason for it not to.

I happen to know the person taking over and her outlook is that she simply can't be arsed with worrying so takes the umbrella route regardless of whether she can do otherwise.

I kinda just wanted confirmation from people that the situation is judged on its actuality, rather than what happens with anything outside my control afterwards.

Cheers

[Hobosapien]

New contractor may well be outside too but choosing to use an umbrella for other reasons.

Don't worry about future contractors, just your own circumstances, most times you'll not know what happens after you finish anyway. The new role may not be 100% the same unless you chose to leave and they filled the gap rather than client not having a need for you anymore.

[Guesstimator]

Make sure your contract is watertight and has been through an IR35 review. Make sure you keep it that way and don't fall in to a part and parcel situation and you've done all you can.

Whatever vehicle another person uses to go contracting is of no relevance to you.

I'd get a better understanding of IR35 and how it applies to you. Once you've got that many questions like this will become easier to understand.

Is this public sector?

Thanks very much.

As said, I'm actually moving on and am confident the work has been outside IR35. Kate C reviewed the contract and subsequent WP after a period of time and all was above board and kept that way.

I'd like to think I'm pretty on the ball with IR35 as it pertains to me, but not when it comes to the mechanisms by which HMRC can piece evidence together should they decide to.

No, this is private sector.

[northernladuk]

Make sure your contract is watertight and has been through an IR35 review. Make sure you keep it that way and don't fall in to a part and parcel situation and you've done all you can.

Whatever vehicle another person uses to go contracting is of no relevance to you.

I'd get a better understanding of IR35 and how it applies to you. Once you've got that many questions like this will become easier to understand.

Is this public sector?

[Guesstimator]

D'oh...of course. Thanks again.

[BrilloPad]

I assume they'll be IR35 (can you be outside as an umbrella employee?), but thank you.

I'm happy I was outside, and took steps to ensure so...I just wondered if HMRC could tie up me withdrawing services and the new entity starting.

IR35 and umbrella company are unconnected. Its the working conditions and contract that count. MOO. All that stuff. I don't really know the details - I get my IR35 insurance with QDOS and let them do the rest. I bet NLUK understands it.....

[Guesstimator]

Not at all. And even if they were under IR35 it would probably not matter anyway.

I assume they'll be IR35 (can you be outside as an umbrella employee?), but thank you.

I'm happy I was outside, and took steps to ensure so...I just wondered if HMRC could tie up me withdrawing services and the new entity starting.

[BrilloPad]

Not at all. And even if they were under IR35 it would probably not matter anyway.

[Guesstimator]

So I closed one contract but know the replacement for me is working via umbrella....Just wondering if that puts one in a sticky position should Hector come asking?

PS the same agency is being used