Should I even consider IR35 - Not sure - Contractor UK Bulletin Board

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malvolio replied

24 October 2012, 14:56
Originally posted by LisaContractorUmbrella View Post

I am not sure that IR35 isn't an issue if taken contract by contract - surely the OP is provided with scripts to mark and directed as to the help given to students - shows SD&C

Not necessarily. How he helps students is presumably up to him, the parameters for that help and the marking standards to be used are set and applicable to all. Neither indicates the D&C level needed for disguised employement.
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LisaContractorUmbrella replied

24 October 2012, 14:43
I am not sure that IR35 isn't an issue if taken contract by contract - surely the OP is provided with scripts to mark and directed as to the help given to students - shows SD&C
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malvolio replied

24 October 2012, 14:07
Originally posted by Jessica@WhiteFieldTax View Post

The intermediary would be the OPs own company surely? Otherwise any direct contract would be outside of IR35 which manifestly isn't the case.

However, I agree: on facts as set out by the OP I wouldn't be concerned about IR35.

Yep, the OP's co is the intermediary. But clearly in business on his own account, so no IR35 case would get very far. But joining PCG and using one of their draft contracts would be a useful extra guarantee in case of Hector getting uppity; and the joining fee would be less than getting one drafted anyway.
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Jessica@WhiteFieldTax replied

24 October 2012, 13:56
Originally posted by NotAllThere View Post

IR35 is unlikely to be an issue. It is, as you noticed, intermediaries legislation. If there's no intermediary then the legislation doesn't apply.

The intermediary would be the OPs own company surely? Otherwise any direct contract would be outside of IR35 which manifestly isn't the case.

However, I agree: on facts as set out by the OP I wouldn't be concerned about IR35.
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northernladuk replied

24 October 2012, 13:46
Sounds like you run a proper little business there so that clears you even if what NAT said didn't apply.. but it does.. so ignore what I said... if you get my meaning.
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NotAllThere replied

24 October 2012, 13:41
IR35 is unlikely to be an issue. It is, as you noticed, intermediaries legislation. If there's no intermediary then the legislation doesn't apply.
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nps started a topic Should I even consider IR35 - Not sure

24 October 2012, 12:35
Should I even consider IR35 - Not sure

I would be grateful for some help.
My wife and I are directors of a close limited company.
Amongst retail I provide some IT services and we both do some work for a distance learning company (DLC).
I'm not sure of the latter should be considered for IR35 as I dont think there is an intermediary involved.
The arrangement is that DLC offer us work and we do it if we want. Work is marking scripts and helping students.
The students have enrolled with colleges who they pay their money to. The colleges have a contract with DLC to supply the coursework and marking/tutoring.
DLC have a verbal/assumed with our Ltd Coy but want to make this arrangement more formal with a written contract.
We have no contact with the colleges only the DLC. Should IR35 be considered?
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