Reply to: New IR35 Online Tool

[legal]

Why get religious? Would it have been less effort to answer instead of making a smarmy comment? Is your job to deter people using this forum and make the site irrelevent?

Try imagining that I already googled the term, and even clicked the help for clarification.

If you dont want to answer just ignore the post.

Yep, we all do same, ignore replies from him!

[MrButton]

Are you sure you're not reading too much into a typo? Imagine that there was an additional "r" in the message that seems to have upset you so much:



and it makes a much more reasonable question - does it refer to you being an office holder of the supplier or the client company?

Client company

[DeludedKitten]

But we can't do that. If you think the term 'Office holder' has anything to do with an office then clearly you haven't so difficult to make that assumption going forward.

Are you sure you're not reading too much into a typo? Imagine that there was an additional "r" in the message that seems to have upset you so much:

Does not the term "Office Holder" refer to an officer of the contracting company (supplier) rather than the client company?

and it makes a much more reasonable question - does it refer to you being an office holder of the supplier or the client company?

[northernladyuk]

He's utterly despised, a stain on this forum.

Only I get to call him that.

[northernladuk]

He bought me a drink once, so isn't all that bad

Erm. Well... I might have put it on mudksippers tab because she was too drunk to notice..



Anyway, shhh about this buying drinks business. I've got a reputation to keep.

[ladymuck]

He's utterly despised, a stain on this forum.

He bought me a drink once, so isn't all that bad

[genius]

Everyone else does...

He's utterly despised, a stain on this forum.

[northernladuk]

Why get religious? Would it have been less effort to answer instead of making a smarmy comment? Is your job to deter people using this forum and make the site irrelevent?

Try imagining that I already googled the term, and even clicked the help for clarification.

If you dont want to answer just ignore the post.

But we can't do that. If you think the term 'Office holder' has anything to do with an office then clearly you haven't so difficult to make that assumption going forward.

It was sarky and probably not required so I do apologise for posting in frustration, but, the CEST tool is about trying to determine if you are carrying on business on your own account. How on earth can you prove you are doing that when you don't even know you are a business? How can you help clients with determinations if you have no idea what you are to help them? How can you be that business and pass CEST when you don't know about being a business? Surely this is exactly what HMRC have picked up on and why they are hammering us.

I might have put it in a much better way but if you are in a position where you think you are one thing, HMRC thinks you are something else so you've got a fight on, surely knowing what you are is the first step?

[northernladuk]

and so they should!

That's rich coming from Simes and you of all people.

[JohntheBike]

Everyone else does...

and so they should!

[simes]

Ignore NLUK

Everyone else does...

[TheCyclingProgrammer]

Just ran through it for my current client and it came back as outside IR35. I did select that I had the right to substitute and that the client could not refuse one (which is effectively what my contract says, so long as any substitute is qualified and is bound by the same terms that I am). Would be interesting to know what it would come back as if I had skipped this as I know a RoS is always vulnerable to challenge if it isn't used but I'm pretty confident anyway.

[TheCyclingProgrammer]

Does not the term "Office Holder" refer to an office of the contracting company (supplier) rather than the client company?

In the context of IR35 yes, there is a specific rule relating to office holders and IR35. It basically means you cannot act be remunerated for services as the office holder of another company via your own intermediary. Most people here can probably safely ignore this particular aspect of IR35.

[saptastic]

Ignore NLUK

It is discussed here if any use

https://www.contractoruk.com/forums/...highlight=cest

[BR14]

have you asked your accountants?
what did they say?