Medical and Offshore Training course, Who Pays?

[dl8860]

I work in the offshore industry, I have a BOSIET myself (obtained as staff), and have also procured sub contractors who need to have a BOSIET as defined by our onward clients' requirements, and industry best practice. It would be unheard of for one of them to ask us to pay for their BOSIET and or medical. I know different parts of the industry and different companies work differently, but IMO it is very firmly down to a 'self-employed' contractor to sort their own safety and medical certificates for a whole load of reasons, a good one of those being IR35 status.

[cabletvguy2]

Allowing your client to pay for BOSEIT and medicals would surely be a red flag in any IR35 investigation in my opinion. It's permie behaviour. Plus, your medical lasts 2 years and your BOSEIT 4 years all for a cost of around £1300 - hardly worth the hassel & risk of using a clients provider.

Hi, this is good advice. Thanks

[sludgesurfer]

If you have any lingering health concerns which might raise eyebrows with some of the main OPITO medical providers, PM me. I know of a doc that would've signed off Jocky Wilson and George Best for a NASA space mission.

Last time I was in, he "tested my hearing" by covering one ear, whispering a number (loudly) and asking me what the number was. I'm no great lip reader but even if I hadn't heard him, when someone mouths the number "fifty-five" you don't have to be a great lip reader to get it right.

[NotAllThere]

I have never invoiced any client for medical or BOSEIT courses nor have I ever heard of an offshore contractor doing so.
I consider it part of maintaining the ability of my company to continue providing its services.

I understand you are normally office based, but in offering services offshore, you should expect to incur the necessary expenses required to offer this service or simply not offer it.

Assuming you are UK based, there are BOSEIT training centres in middlesbrough, Glasgow, Aberdeen & possibly more. There are many private GPs and medical services providers who will do you an OPITO medical, shoulder measurement and fit to train for less than £150 - check the OPITO website.

I will accept client provided training courses which are specific to a particular offshore asset. Everything else I pay for through the company as a business expense.

As others have said, I think your have misunderstood your accountant's IR35/24 month rule guidance.

Allowing your client to pay for BOSEIT and medicals would surely be a red flag in any IR35 investigation in my opinion. It's permie behaviour. Plus, your medical lasts 2 years and your BOSEIT 4 years all for a cost of around £1300 - hardly worth the hassel & risk of using a clients provider.

Advice from some who knows. Thanks.

[sludgesurfer]

I have never invoiced any client for medical or BOSEIT courses nor have I ever heard of an offshore contractor doing so.
I consider it part of maintaining the ability of my company to continue providing its services.

I understand you are normally office based, but in offering services offshore, you should expect to incur the necessary expenses required to offer this service or simply not offer it.

Assuming you are UK based, there are BOSEIT training centres in middlesbrough, Glasgow, Aberdeen & possibly more. There are many private GPs and medical services providers who will do you an OPITO medical, shoulder measurement and fit to train for less than £150 - check the OPITO website.

I will accept client provided training courses which are specific to a particular offshore asset. Everything else I pay for through the company as a business expense.

As others have said, I think your have misunderstood your accountant's IR35/24 month rule guidance.

Allowing your client to pay for BOSEIT and medicals would surely be a red flag in any IR35 investigation in my opinion. It's permie behaviour. Plus, your medical lasts 2 years and your BOSEIT 4 years all for a cost of around £1300 - hardly worth the hassel & risk of using a clients provider.

[GhostofTarbera]

I know they are not linked by law, however advice from other contracts seems to be "the longer a contract is, the higher the potential liability will be if you are ‘caught’ by IR35"

.

Advice from idiots you mean?

Or idiot contractors

Or idiot accountants

Or did you make this up?


Back to your original question

I would take option 2



Sent from my iPhone using Contractor UK Forum

[NotAllThere]

Ok, can we put the down now please?

I know they are not linked by law, however advice from other contracts seems to be "the longer a contract is, the higher the potential liability will be if you are ‘caught’ by IR35"

No, the higher the risk of being under IR35. But if all else is ok with your contract, then it's not really going to be problem.

Some really nice people might have suggested as I am past the 24 month rule, that I cant claim for T&S to and from the medical/training locations and should just invoice for hours attended.

You can claim for the T&S to and from the training locations if they're substantially in a different place from where you normally work for the client.

[cabletvguy2]

Ok, can we put the down now please?

I know they are not linked by law, however advice from other contracts seems to be "the longer a contract is, the higher the potential liability will be if you are ‘caught’ by IR35"

Anyway, my question is regarding training and how best to expense?

Some really nice people might have suggested as I am past the 24 month rule, that I cant claim for T&S to and from the medical/training locations and should just invoice for hours attended.

[Paralytic]

As I’m now past the 24 month point, my accountant advised not claiming (among other things) millage to the client site.

Based on the above, i wonder if its the accountant that has led to the confusing conflating of the 24 month rule, IR35 and expenses.

[NotAllThere]

Hi,

I have a question regarding the client paying for me to attend an Offshore Medical and Basic Offshore Safety Induction and Emergency Training (BOSIET) course.

I currently invoice the client using my LTD and was outside IR35 until the 24 month point. Just before the 24 month point, the client issued a 6 month extension; the customer insisted on continuity during system commissioning offshore.

As I’m now past the 24 month point, my accountant advised not claiming (among other things) millage to the client site. I'm confused what I can attend and what I can claim.

I currently invoice the client using my LTD and was outside IR35 until the 24 month point. Just before the 24 month point, the client issued a 6 month extension; the customer insisted on continuity during system commissioning offshore.

As I’m now past the 24 month point, my accountant advised not claiming

The 24 month rule has nothing to do with IR35. It is about when you can claim T&S expenses to and from your place of work.

I have a few options; maybe someone could advise which would be best.

1. Pay for the medical and training myself and invoice for the hours attended.
2. Let the client pay for the training but don’t invoice for hours attended.
3. Pay for the medical and training and don’t invoice for hours. Claim tax relief on the medical and training costs.
4. Pay for the medical and training and don’t invoice for hours. Claim tax relief on the medical and training costs and ask client for increase in hourly rate to cover outlay.
5. Buy IR35 insurance and look the other way.
6. Politely decline and find a new contract.

How about, they pay for the medical and training expenses and you invoice for the hours attended.

Since you don't understand IR35, quite clearly, you should definitely buy IR35 insurance.

[northernladuk]

People that run LTDs really should not be posting this level of rubbish.

[GhostofTarbera]

I currently invoice the client using my LTD and was outside IR35 until the 24 month point.

Thanks

Say again? What’s IR35 got to do with this ?


Sent from my iPhone using Contractor UK Forum

[WTFH]

What has “invoicing for hours” got to do with the 24 month rule?

If the client will pay for you to attend courses, then you invoice the client for attending the courses, you treat the course as working hours and invoice accordingly.

Maybe I’m missing something here, or maybe there’s bits of the story missing.

[cabletvguy2]

Hi,

I have a question regarding the client paying for me to attend an Offshore Medical and Basic Offshore Safety Induction and Emergency Training (BOSIET) course.

I currently invoice the client using my LTD and was outside IR35 until the 24 month point. Just before the 24 month point, the client issued a 6 month extension; the customer insisted on continuity during system commissioning offshore.

As I’m now past the 24 month point, my accountant advised not claiming (among other things) millage to the client site. I'm confused what I can attend and what I can claim.

I have a few options; maybe someone could advise which would be best.

1. Pay for the medical and training myself and invoice for the hours attended.
2. Let the client pay for the training but don’t invoice for hours attended.
3. Pay for the medical and training and don’t invoice for hours. Claim tax relief on the medical and training costs.
4. Pay for the medical and training and don’t invoice for hours. Claim tax relief on the medical and training costs and ask client for increase in hourly rate to cover outlay.
5. Buy IR35 insurance and look the other way.
6. Politely decline and find a new contract.

Thanks