Reply to: Client wants me to go abroad (India) and change my limited company

[NCOTBAC]

i meant, I have been outside IR35..since the position was different within the company.

I'm not sure that's reason enough to be able to say outside or for IR35 not to affect the next role. It's sounding more like part & parcel and D&C but I guess that's not the topic of this thread so happy to park.

[Scruff]

They can, but whether your UK client will remit the payment abroad, is another question?

Refer to my first post in this thread? It is clear from your posts, that you don't have much grasp of the implications involved, whilst your written replies, if serious, would annoy the spelling and grammar Nazis. Due to this thread being in the Business / Contracts forum, you have a modicum of safety.

[cojak]

i meant, I have been outside IR35..since the position was different within the company.

Considering the hurdles in establishing a firm here, that's why I had zero'd in on Singapore as a choice.

My essential questions was (and still is):

Can an outside EU company, one based in SG, bill my client in the UK, while it's employees provide a service from an office based in India.

If this can be true - i would probably go for it.
Else, it'll have to be the employee route.

Ah, right you are then.

[coolestchip]

i meant, I have been outside IR35..since the position was different within the company.

Considering the hurdles in establishing a firm here, that's why I had zero'd in on Singapore as a choice.

My essential questions was (and still is):

Can an outside EU company, one based in SG, bill my client in the UK, while it's employees provide a service from an office based in India.

If this can be true - i would probably go for it.
Else, it'll have to be the employee route.

[cojak]

Till now, I had been appointed as a business consultant..so IR35 was out of scope. my accountant (sjd!!) confirmed this.

I'm about to engage a taxation expert on this subject to clarify things...let's see.

[northernladuk]

What do you mean by "out of scope", how was this explained by SJD

He must have opted out of IR35.

[MrMarkyMark]

Till now, I had been appointed as a business consultant..so IR35 was out of scope. my accountant (sjd!!) confirmed this.

I'm about to engage a taxation expert on this subject to clarify things...let's see.

What do you mean by "out of scope", how was this explained by SJD

[itjobs]

Having spent many years in India (I was born there), I can tell you that it is not easy starting a company due its bureaucratic hurdles. Unnecessarily complex requirements, lethargic attitude and their irresponsible behaviour surely will make you wonder why did you accept this contract in the first place.

[northernladuk]

Till now, I had been appointed as a business consultant..so IR35 was out of scope. my accountant (sjd!!) confirmed this.

I'm about to engage a taxation expert on this subject to clarify things...let's see.

Out of scope of outside IR35? There is a massive difference.

[coolestchip]

Till now, I had been appointed as a business consultant..so IR35 was out of scope. my accountant (sjd!!) confirmed this.

I'm about to engage a taxation expert on this subject to clarify things...let's see.

[kaiser78]

Did you ask your accountant?

I think if he had done so, the OP would not be in this situation, no ?

[Milkyway]

Aha ... IR35 does not apply in this situation if the client/contract is with an Indian firm.

Did you ask your accountant?

[stek]

Aha ... IR35 does not apply in this situation if the client/contract is with an Indian firm.

What?

[northernladuk]

Aha ... IR35 does not apply in this situation if the client/contract is with an Indian firm.

Hmm. Cognizant, Infosys etc are Indian firms but IR35 applies???

[TykeMerc]

Not forgetting that there are ways and means of doing business and setting up corporate structures which would be seen as very alien if not completely illegal if you tried to do that in the UK, Europe or other parts of the "first world".

When it comes to doing business in some cultures it's desperately risky with some nasty consequences if you don't get it right, just waving a UK passport doesn't make those sorts of consequences disappear.

I would be incredibly cautious about this opportunity and if you can't get advice (where the advisor is equally culpable and liable to nasty consequences) that you totally trust about how to set things up correctly I'd be looking at running like hell from the whole setup another company in Asia idea.