Originally posted by malvolio
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Reply to: Pros and Cons of Company Secretary
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Previously on "Pros and Cons of Company Secretary"
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Originally posted by super View PostInteresting. Anyone else agree with that? I might forward a copy of this thread to Bauer & Cottrell, to get another view on it.
My thinking is that it would be seen by HMRC as purely another element of a "sham" Ltd Co model contract, particularly if the Co Sec is family, rather than actually seen as a valid reason why the contract is outside IR35.
Like all IR35 elements it is not definitive, but as we keep on saying, every little helps.
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Originally posted by super View PostInteresting. Anyone else agree with that? I might forward a copy of this thread to Bauer & Cottrell, to get another view on it.
My thinking is that it would be seen by HMRC as purely another element of a "sham" Ltd Co model contract, particularly if the Co Sec is family, rather than actually seen as a valid reason why the contract is outside IR35.
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Originally posted by Ardesco View PostNope, company secretary signs all of mine. Can't be IR35 if I'm not on the contract at all IMHO
My thinking is that it would be seen by HMRC as purely another element of a "sham" Ltd Co model contract, particularly if the Co Sec is family, rather than actually seen as a valid reason why the contract is outside IR35.
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Originally posted by Lewis View PostOh please. I have yet to hear anyone say that is even remotely an IR35 issue! I sign as company director as I suspect do 99% of contractors.
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Originally posted by WHA View PostIt will take a while for the "one person" concept to filter through to banks, clients, etc. Whilst you may "legally" only need one person, what happens if the bank's mandate or your client contract requires two signatures - do you really want a legal argument about who's right - would it not be simpler to keep the co-sec for a while until the change filters through to everyone else and in the meantime you can both continue to jointly sign official paperwork without the hassle of playgrounds arguments as to who is right which are inevitable for such a major change after such a long time of 2 people being needed. Life's too short. Keep the co sec for a few months - what's the harm?
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Originally posted by malvolio View PostBut you are presumably at pains not to get your name into any contracts for work to avoid one of the more obvious IR35 traps. Not signing the contract personally is a good start, isn't it...?
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It will take a while for the "one person" concept to filter through to banks, clients, etc. Whilst you may "legally" only need one person, what happens if the bank's mandate or your client contract requires two signatures - do you really want a legal argument about who's right - would it not be simpler to keep the co-sec for a while until the change filters through to everyone else and in the meantime you can both continue to jointly sign official paperwork without the hassle of playgrounds arguments as to who is right which are inevitable for such a major change after such a long time of 2 people being needed. Life's too short. Keep the co sec for a few months - what's the harm?
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Originally posted by Lewis View PostAbsolutely, she is paid for book keeping as well. Just means her salary will be less if she has less work to do. But yes, it won't make much difference. Am struggling to find a good reason for her top stay on as co. sec.
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Originally posted by Lucifer Box View PostYou can still pay her whether she is the company secretary or not. As long as she does work commensurate with the reward of course (for the benefit of the HMRC lurkers).
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You can still pay her whether she is the company secretary or not. As long as she does work commensurate with the reward of course (for the benefit of the HMRC lurkers).
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