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Previously on "Days before contract renewal"

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  • clearedforlanding
    replied
    Originally posted by SueEllen View Post
    When you realise what you don't know get worried

    When you realise the point is to stop you having certainty buy insurance.

    When you decide to buy insurance do lots of research on who will defend you even if you have to play to the media.

    Also be aware you need a lawyer to look at law, an accountant to look at tax, and if you screw up with both so are in HMRC's sight a tax lawyer - this is what the insurance pays for.

    Unfortunately I very much doubt he could claim on insurance for a problem that had already arisen prior to taking out the policy so he's going to have to stump up for that accountant & lawyer himself.

    The insurance is still worth it for next time he may make a mistake.

    Leave a comment:


  • SueEllen
    replied
    Originally posted by Einstein Jnr View Post

    Already starting to see what was wrong with some of the questions I asked. Oh my oh my.

    It still looks like if I got the contract "fixed" the way I work with the end client would also need to change...
    When you realise what you don't know get worried

    When you realise the point is to stop you having certainty buy insurance.

    When you decide to buy insurance do lots of research on who will defend you even if you have to play to the media.

    Also be aware you need a lawyer to look at law, an accountant to look at tax, and if you screw up with both so are in HMRC's sight a tax lawyer - this is what the insurance pays for.

    Leave a comment:


  • northernladuk
    replied
    Oh and as part of your research take a long read of the Future of Contracting area of the forum. It will tell you the trouble we are in and might explain some of the bashing you think you got.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by Einstein Jnr View Post
    Looks like it will be a weekend of heavy reading but the article has pointed me in the right direction.

    So it looks like the main things I need to get my head around is:
    - mutuality of obligation
    - substitution and
    - control.

    Already starting to see what was wrong with some of the questions I asked. Oh my oh my.

    It still looks like if I got the contract "fixed" the way I work with the end client would also need to change...
    I wouldn't be narrowing down to this end three. You need to understand it fully not tick box it. Those three are the main flags but not the only ones. You need to get your head around IR35 which includes those things.

    Correct but its must admit I'm struggling to see how HMRC will be convinced how a gig that was inside suddenly becomes outside over night after a change in paperwork and an act at the client. Would look like a sham to me. It's the same gig doing work thats already lined up before the change. My personal opinion on this one is whatever you do you are running at a very high risk now. I'd not be there much longer.

    You've also got to have a long chat with your accountant about what you do with the previous gigs accounts don't forget.

    Leave a comment:


  • Einstein Jnr
    replied
    Looks like it will be a weekend of heavy reading but the article has pointed me in the right direction.

    So it looks like the main things I need to get my head around is:
    - mutuality of obligation
    - substitution and
    - control.

    Already starting to see what was wrong with some of the questions I asked. Oh my oh my.

    It still looks like if I got the contract "fixed" the way I work with the end client would also need to change...

    Leave a comment:


  • clearedforlanding
    replied
    Christ.

    Right click, search Google for '*'.

    IT contractor JLJ in first ever 'split IR35 case' :: Contractor UK

    I thought the Indians were bad.

    Leave a comment:


  • SueEllen
    replied
    Originally posted by seanraaron View Post
    Link or username? Assuming there's a thread. Might be useful to the OP I'm thinking.
    It's a legal case from one of the UK jurisdictions so Google is your friend.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by seanraaron View Post
    Link or username? Assuming there's a thread. Might be useful to the OP I'm thinking.
    How about you do it then?

    Leave a comment:


  • seanraaron
    replied
    Originally posted by northernladuk View Post
    Some gigs are inside and there is nothing you can do about it but it's not hard for a perfectly outside gig to switch inside. Look at the JLJ case. First half was fine but then he stopped getting schedules of work, did whatever the client wanted and became part and parcel and HMRC got him for it.
    Link or username? Assuming there's a thread. Might be useful to the OP I'm thinking.

    Leave a comment:


  • northernladuk
    replied
    Some gigs are inside and there is nothing you can do about it but it's not hard for a perfectly outside gig to switch inside. Look at the JLJ case. First half was fine but then he stopped getting schedules of work, did whatever the client wanted and became part and parcel and HMRC got him for it.

    Leave a comment:


  • seanraaron
    replied
    Originally posted by northernladuk View Post
    But always remember working practices trump the contract so you've got to know IR35 and keep on top of it.
    That seems like it could be a risk even if the client is helping. Where I am now, they refer to all the work as "projects" - despite them lasting only a day or two - and the line manager doesn't actively steer anyone, but I think you'd have a hard time convincing the tax man this gig is outside IR35.

    Leave a comment:


  • VillageContractor
    replied
    Originally posted by Mincepie View Post
    Get the renewal contract over to QDOS take their advice and get the agent to amend is the first step. Rinse repeat for each new contract
    Do that. Also understand what working practices affect IR35.

    Did you discuss any of this with your accountant, if not you should if you did you need a new accountant

    Leave a comment:


  • Mincepie
    replied
    yes thats important as well if you dont want a big scary tax bill one day. Keep smiling, keep on invoicing and pay as little tax as possible

    Leave a comment:


  • northernladuk
    replied
    Originally posted by Mincepie View Post
    Get the renewal contract over to QDOS take their advice and get the agent to amend is the first step. Rinse repeat for each new contract
    But always remember working practices trump the contract so you've got to know IR35 and keep on top of it.

    Leave a comment:


  • Mincepie
    replied
    Originally posted by Einstein Jnr View Post
    Oh wow - that's a lot to take in. So I had done some minor reading on IR35 but evidently not enough.

    Apologies it is LTD and not LLD. As I said in the original post this is my first contract and was 3 months. I have all the money in the bank as I have been using savings.

    If IR35 is per contract then I need to get the contract revised if it is to be renewed.

    There is a schedule in the contract, but refers to consulting services and doesn't clearly outline the project. Is this something I should get done?

    Is the best option to get the full QDoS contract review service and send their changes across to agent?

    I would like to fix the situation I am in, but I am having a hard time sorting out the useful info from the newbie bashing.
    Get the renewal contract over to QDOS take their advice and get the agent to amend is the first step. Rinse repeat for each new contract

    Leave a comment:

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