Originally posted by youngguy
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Reply to: IR35 Investigation
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Previously on "IR35 Investigation"
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Originally posted by gingerjediJust thinking, say you were subject to an investigation would you get the chance to say "it's a afair cop" and pay whatever was owed before it went any further or is it more complicated than that?
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Just thinking, say you were subject to an investigation would you get the chance to say "it's a afair cop" and pay whatever was owed before it went any further or is it more complicated than that?
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Originally posted by minsky1In the first instance the company will be liable.
Should that become insolvent, HMRC (& the insolvency service) will come after you personally.
This never used to be the case for low value debts, but it is now. Also, if your company registered address is your home address this can complicate things vastly....................
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The HRMC guide is so vague and if I was completely honest I would fall into the grey area so I am bound to go with the most tax efficient solution, they say if you don't know where you fall to contact your local IR enquiry centre and let them decide... hmm I can't see them ever deeming someone outside if it was as simple as that and its not as if you can ignore their advice after you have just given them your details.
They should have a point’s based system to make it easier and stop making people feel like criminals.
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can you send someone else in in your place?
Not really though agency have saidin contract may send subsitute
This is NOT about the agency sending a replacement it's about YOUR company doing so - i.e. you would go to a recruitment agency and get somebody to do it for you.
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Originally posted by AZZIKI don't report to anyone just give an update on how we are in regards to timelines as I need a lot of information before I can do my job hence delay in getting the information results in a delay in my project.
if you are not in by a certain time would questions be asked? No
if you worked at home for a week would there be concern? No as need client software.
can you send someone else in in your place? Not really though agency have saidin contract may send subsitute
do you have to remedy errors etc in your own time and at your own expense not sure as never come up so far.
tahnks for your help.
simonatsjdaccountancy.com
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Originally posted by jh0711hey azzik
if you time on site is dictated to be the end client you will probably be inside IR35 - in fact loads of agency contracts are inside IR35 for the more standard (helpdesk, 1st/2nd line support etc) as these roles do require you to be on site at a certain time and work a certain shift pattern - also breaks are controlled and in some case call figures etc are monitored....
probably
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Originally posted by jh0711hey azzik
the list is long! try these for a start
do you report to anyone on a daily basis or just give update/progress reports when needed?
if you are not in by a certain time would questions be asked?
if you worked at home for a week would there be concern?
can you send someone else in in your place?
do you have to remedy errors etc in your own time and at your own expense
if you are not in by a certain time would questions be asked? No
if you worked at home for a week would there be concern? No as need client software.
can you send someone else in in your place? Not really though agency have saidin contract may send subsitute
do you have to remedy errors etc in your own time and at your own expense not sure as never come up so far.
tahnks for your help.
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hey azzik
the list is long! try these for a start
do you report to anyone on a daily basis or just give update/progress reports when needed?
if you are not in by a certain time would questions be asked?
if you worked at home for a week would there be concern?
can you send someone else in in your place?
do you have to remedy errors etc in your own time and at your own expense
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Originally posted by AZZIKI am not on helpdesk, I work as a database designer but develop databases as per clients requirements using their software but it is on their site. I get to control my breaks ie when I take my lunch and can leave early if I want to though I like to do all me hours. My agency has assure my my contract is IR35 friendly and they have had it checked by lawsped but I am not so sure. I find this whole thing is confusing and taking a while to get my head round. I want to try and make sure I fall outside IR35 has anyone got any pointers that can help me with this as I know IR look at the actual work you do more than whats on your contract.
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I am not on helpdesk, I work as a database designer but develop databases as per clients requirements using their software but it is on their site. I get to control my breaks ie when I take my lunch and can leave early if I want to though I like to do all me hours. My agency has assure my my contract is IR35 friendly and they have had it checked by lawsped but I am not so sure. I find this whole thing is confusing and taking a while to get my head round. I want to try and make sure I fall outside IR35 has anyone got any pointers that can help me with this as I know IR look at the actual work you do more than whats on your contract.Last edited by AZZIK; 15 March 2007, 14:43.
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Originally posted by kingshukWho is liable if IR succeeds in proving that one or more contracts were inside IR35?
Is it the Ltd company
OR
Is it the owner(s) personally?
OR
Both?
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Originally posted by kingshukIf it is the Ltd company and the company does not have the funds to pay IR what happens then? Do they go after the personal assets of the director
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