P35 Q6 - again - Contractor UK Bulletin Board

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Archangel replied

11 March 2009, 07:32
Originally posted by BolshieBastard View Post

If this is for your tax return, just dont ******* answer it!

its on the company tax return P35
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BolshieBastard replied

10 March 2009, 22:25
Originally posted by Ian View Post

An extract from the guidelines for part 1 is.......

The first question should be answered yes if:
• an individual performed services (intellectual, manual or a mixture of the two) for a client or clients, and
• the services were provided under a contract between the client and the company of which, at any time during the tax year, the individual performing the services was a shareholder, and
• the company’s income was, at any time during the tax year, derived wholly or mainly (that is, more than half of it) from the services performed by the shareholders personally.

What are peoples thoughts on giving/selling my shares, so the Misses owns 100% of the company, and for me to continue as an employee? Wouldn't that mean the bullets 2 & 3 can be answered as "No", and therefore part 1 is "No"?

The question would still need to be answered as Yes as it's for the year leading upto April '09 - but would it help for next year?

(OK, I know most of the answers will be YOU MUST BE MAD! but what are peoples thoughts from a tax/IR35 point of view?)

If this is for your tax return, just dont ******* answer it!
Leave a comment:
Ian started a topic P35 Q6 - again

10 March 2009, 20:33
P35 Q6 - again

An extract from the guidelines for part 1 is.......

The first question should be answered yes if:
• an individual performed services (intellectual, manual or a mixture of the two) for a client or clients, and
• the services were provided under a contract between the client and the company of which, at any time during the tax year, the individual performing the services was a shareholder, and
• the company’s income was, at any time during the tax year, derived wholly or mainly (that is, more than half of it) from the services performed by the shareholders personally.

What are peoples thoughts on giving/selling my shares, so the Misses owns 100% of the company, and for me to continue as an employee? Wouldn't that mean the bullets 2 & 3 can be answered as "No", and therefore part 1 is "No"?

The question would still need to be answered as Yes as it's for the year leading upto April '09 - but would it help for next year?

(OK, I know most of the answers will be YOU MUST BE MAD! but what are peoples thoughts from a tax/IR35 point of view?)
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