Originally posted by qtech
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Reply to: NW forcing an IR35 contract review
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Previously on "NW forcing an IR35 contract review"
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Originally posted by VectraMan View PostWhich makes a contract review entirely pointless. And you won't know what the actual working practices are going to be until you start the gig.
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Originally posted by qtech View PostFor the moment I'm happy with my current setup. I can live with a small possibility of being investigated and then another small possibility of being asked to repay some tax. There is no way I can be 100% certain I'm safe and also I'm just starting trading so this shortfall will be small. Going forward once the possible shortfall grows to > £20k I will purchase an IR35 insurance policy which is relatively cheap considering the protection it provides.
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For the moment I'm happy with my current setup. I can live with a small possibility of being investigated and then another small possibility of being asked to repay some tax. There is no way I can be 100% certain I'm safe and also I'm just starting trading so this shortfall will be small. Going forward once the possible shortfall grows to > £20k I will purchase an IR35 insurance policy which is relatively cheap considering the protection it provides.
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Originally posted by captainham View PostAnd contract clauses, whilst the starting point, also need to match up with your actual working practices...the contract on its own is also meaningless if you need to ask for time off, are controlled by client, etc etc.
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Originally posted by qtech View PostPrimarily, I have two income streams IT contracting and professional photography.
Secondly, my IT contract has enough enough clauses added which are designed to negate the appearance of disguised employment.
Both the above give me reasonable grounds to believe I'm outside IR35.
Of course a professional IR35 review would help but is no guarantee that HMRC will arrive at the same conclusion.
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Originally posted by qtech View PostPrimarily, I have two income streams IT contracting and professional photography.
Secondly, my IT contract has enough enough clauses added which are designed to negate the appearance of disguised employment.
Louise
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Two income streams is meaningless in the context of IR35 - it is judged on a contract-by-contract basis, so one could be inside and the other not, or any other permutation for that matter.
And contract clauses, whilst the starting point, also need to match up with your actual working practices...the contract on its own is also meaningless if you need to ask for time off, are controlled by client, etc etc.
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Originally posted by LisaContractorUmbrella View PostAs a matter of interest what within your working practises has led you to be convinced that you are outside IR35?
Primarily, I have two income streams IT contracting and professional photography.
Secondly, my IT contract has enough enough clauses added which are designed to negate the appearance of disguised employment.
Both the above give me reasonable grounds to believe I'm outside IR35.
Of course a professional IR35 review would help but is no guarantee that HMRC will arrive at the same conclusion.
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Originally posted by Craig at Nixon Williams View PostHi qtech - it is not our policy to force clients to have their contract reviewed, though we do recommend it. If you say, having reviewed the contract yourself, that IR35 does not apply then we will take your word for it.
If you have been advised otherwise then please send me a private message, or email me on [email protected] with details and I will look into this for you immediately.
Thanks
Craig
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Originally posted by jamesbrown View PostMaybe, although a few reputable accountants do offer free contract reviews. Personally, I think it's a worthwhile service when combined with an external review from one of the usual suspects (two opinions are often enlightening ).
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Originally posted by northernladuk View PostVery true but if their client comes in telling the accountants they are exempt then some strong guidance from the accountant would be in order
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Originally posted by Jessica@WhiteFieldTax View Post+1
Exactly the stance any reputable accountant should take.
If an accountant ever **tells** you your IR35 status rather than **asking** you for instructions, run a mile.
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Originally posted by Jessica@WhiteFieldTax View Post+1
Exactly the stance any reputable accountant should take.
If an accountant ever **tells** you your IR35 status rather than **asking** you for instructions, run a mile.
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Originally posted by Craig at Nixon Williams View PostHi qtech - it is not our policy to force clients to have their contract reviewed, though we do recommend it. If you say, having reviewed the contract yourself, that IR35 does not apply then we will take your word for it.
If you have been advised otherwise then please send me a private message, or email me on [email protected] with details and I will look into this for you immediately.
Thanks
Craig
Exactly the stance any reputable accountant should take.
If an accountant ever **tells** you your IR35 status rather than **asking** you for instructions, run a mile.
Leave a comment:
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