Originally posted by northernladuk
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Reply to: Free days as non-IR35 pointers
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Previously on "Free days as non-IR35 pointers"
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This isn't one of the three factors (Control, Personal Service & MOO) and so wouldn't instantly exempt you from IR35 - it would only support a conclusion already reached based on the above three factors.
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The work would have to have actually been done though. Adding a couple of non-billed days onto an invoice when there was no actual work done would be pretty risky. It might count as fraud but IANAL.
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[QUOTE=northernladuk;1898724]It would be a very big pointer.... pointer towards you being an idiot.[/
My favourite post of the week. Made me spit coffee on the screen.
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It would be a very big pointer.... pointer towards you being an idiot.
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Free days:
Fix my own cock up
May win a decent piece of work
Doing something I really enjoy / have an interest in
Non free days:
Any day that permies are doing free so I should too
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You'd need to have some kind of evidence that you were actually taking a risk and doing bug-fixing etc. on those days, otherwise HMRC would argue that you weren't taking a risk, just trying to make it look like you did.
For the loss of a day's income regularly vs the cost of insurance, I know which one I'll be taking.
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Sure, it would be a minor pointer if you're required to fix errors without charge. Not a major pointer.
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Free days as non-IR35 pointers
What if, every couple of months, you work at a client site for free.
That is, show on your invoice 5 days on-site, but only invoicing for 4 days, and claim the one day was to fix bugs/problems for free, ie no charge.
By doing work for no payment, are you showing that you are taking a commercial risk, and therefore outside of IR-35?
Just curious, and having a think as the weekend looms ever nearer.Tags: None
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