Reply to: IR35 - I am inside or outside ?

[dsc]

is it? I have seen many take QDOS insurance even when the terms are outside IR35! not sure, how they got it

Most likely lied / didn't say the truth when being asked questions when buying insurance/ renewing. Of course you can do the same, but it's money down the drain as Qdos will not represent you in court if you are clearly blatantly inside or they feel like you've hidden something important from them. Basically if they feel like they have a leg to stand on, they will support you, which shows why having contract / working practices reviews is so important. Honestly they'd be dumb to do otherwise and have to rebrand themselves as a charity for "outside" contractors caught inside.

[Lance]

is it? I have seen many take QDOS insurance even when the terms are outside IR35! not sure, how they got it

QDOS will sell you it. Doesn't mean they will honour it.
How many of these people you've seen have claimed?
Your anecdotal evidence is sketchy at best.
Also bear in mind that you buy TLC35 for your company not for any specific contract. You could have it before you start a contract.

[RobScott]

is it? I have seen many take QDOS insurance even when the terms are outside IR35! not sure, how they got it

[dsc]

QDOS won't sell you jack tulip if you are inside, you need to be genuinely outside to get insurance, it's there to protect you in case HMRC disagrees with you being outside, not to pay out regardless of being in / out. Even if you get insurance and are clearly inside, then they won't honour the insurance as you lied to them.

[RobScott]

It doesn't matter. people just declare OUTSIDE IR35 and work normally. take some QDOS insurance and chill.

[LondonManc]

It depends.

It can vary on a contract by contract basis. Your main one could be for hours worked and be inside while your other four could be for a fixed service/price and be outside.

Have a read of the IR35 stuff on the right of the forum.

[ladymuck]

Doing "accountancy" is something anyone can do. I do it. Although calling it bookkeeping is more common
Being an accountant is very different.
Note that I also do "gas" work, but nobody should ever hire me as I'm not qualified or safe

The OP is almost certainly the former.

I forgot the sarcasm tags, sorry.

[Lance]

VAT registration is a red herring and receiving a bill for something +VAT shouldn't be a registration trigger. If you are under the threshold you shouldn't have to unless you're incurring a lot of input VAT that you'd be better off claiming.

But, as you're an accountant, you already know that...

As cojak says, you will have to review the terms of each contract you have with your clients to determine if all / some / none of them are caught.

You have much reading to do ---->

Doing "accountancy" is something anyone can do. I do it. Although calling it bookkeeping is more common
Being an accountant is very different.
Note that I also do "gas" work, but nobody should ever hire me as I'm not qualified or safe

The OP is almost certainly the former.

[BlasterBates]

Having several clients is a pointer to being outside but not the only criteria.

Here are some examples of determinations:

https://www.gov.uk/government/public...ing-rules-ir35

Susan is found to be outside of the scope of the off-payroll working rules for a number of reasons, including:

• Susan is paid for work completed not by the day
• she works at a location of her choosing
• she can work for multiple clients

If you're paid for work done and not by the hour you're outside. If not you have to look a bit further at direction and control. The main thing would be contracts or agreements to produce deliverables even though you charge your hourly rate.

[Paralytic]

IR35 - I am inside or outside ?

I've not read the thread yet, but i think a fairly standard response can be

"If you have to ask, you're likely inside".

[northernladuk]

I you have to ask a question like this you have to be inside. There are pretty specific actions required to make you outside, it rarely just happens. If you have no idea what they are I struggle to see that you've met them by chance. Really poor approach to your job if you have to ask these questions. Pull your finger out and learn what you do.

Just to add, in 10 days time it won't be you that has to make the determination (in most cases) and it appears this has completely passed you by as well. Frightening lack of knowledge around what you do for a living. Buck up.

[eek]

... even if I have different clients each Months? only one Client is the same every Month - all others not

It doesn’t make any difference

the question comes down to how does every client individually regard you - as a service provider or an employee? With accountancy it may also be more difficult due to post holder rules.

[ANIAKATE]

... even if I have different clients each Months? only one Client is the same every Month - all others not

[ladymuck]

VAT registration is a red herring and receiving a bill for something +VAT shouldn't be a registration trigger. If you are under the threshold you shouldn't have to unless you're incurring a lot of input VAT that you'd be better off claiming.

But, as you're an accountant, you already know that...

As cojak says, you will have to review the terms of each contract you have with your clients to determine if all / some / none of them are caught.

You have much reading to do ---->

[cojak]

It doesn’t matter how many clients you have, it depends on the contracts you have with them and your working practices.

And since we don’t know what they are, we have no idea if you are inside or outside.