Ir35 == Fud?

[Lockhouse]

Lockhouse that sounds shocking sorry to hear that. I can imagine it would be extremely stressful. Glad it worked out in the end though, did you fight this yourself or did you have some PCG type support?

PCG. All paid for by the membership fee.

[Chugnut]

Damn right! I've had enough of a problem from people on here who think "don't want to employ more people" = "not a real business" (= "disguised employee").


Edit: agree with Denny, Sole Trader is what I feel like. Don't know why they're so fixated on not allowing it.

Also, bear in mind that anyone you employ will always look at it from a "it's just a job", "what can I get out of the company" perspective. They will never be as personally involved in it's success as you are.

My parents run their own business, and as soon as they had to employ extra staff, the problems started. Details got missed off invoices, phone calls got forgotten, and the good reputation they'd built up was at risk of being eroded. Personally I'd be very nervous of taking the next step and hiring employees, and would delay it as long as it remained viable to do so.

It's a pity such a point even has to be justified.

[mrdavies]

Lockhouse that sounds shocking sorry to hear that. I can imagine it would be extremely stressful. Glad it worked out in the end though, did you fight this yourself or did you have some PCG type support?

[Euro-commuter]

They also assume that the only reason you start a small business is to build it up so you employ people, they ignore the whole concept of both lifestyle choice and small service provider.

Damn right! I've had enough of a problem from people on here who think "don't want to employ more people" = "not a real business" (= "disguised employee").


Edit: agree with Denny, Sole Trader is what I feel like. Don't know why they're so fixated on not allowing it.

[Lockhouse]

Touch wood, fingers crossed etc I will never recieve such a letter from HMRC but, if i were investigated *how* does it work, should the contract be deemed outside IR35 I know thats only a part of the picture, *who* would they speak to at my client to determine my working practices on a day to day basis. The turnover here is quite amazing, we go through many PM's, HR people etc at a fair old rate, I doubt any of them will be around in a years time let alone 4.

What happens if the person they do speak to, is a right scrote and decides to say "yeah hes here 9-5 every day, regardless of work etc etc just like a permie" does that mean you get screwed based on that?

Welcome to my world. I was investigated for 5 contracts. The investigation took nearly 4 years during which time HMRC lied to me and ex-clients, contacted clients without my permission, asked questions that were biased in the extreme and basically fitted me up. If they can't get the goods on you HMRC will invent things. I once recieved a 40 point letter detailing why I was caught and the 4 quotes they had used were not even from one of my contracts! I was found outside by the way with not even a "sorry we ruined your reputation". Probably the most stressful time of my life.

[Troll]

Morning all,

Over the relatively short time I have been contracting, I have read about IR35 every single day. The view I take on my situation also varies depending on my mood and how I look at my work with current client. My contract was reviewed, it passed, I have my own ltd and go direct. However, in some ways I could be looked at as a bum-on-seater, but in others most definately not due to the nature of my work.

Up until SA's post about the letter from HMRC i hadn't seen any concrete evidence of someone actually being investigated. It all seems like a shadowy,dark, mysterious world this IR35. Maybe I should visit more forums to get a better view, but I like you lot

Touch wood, fingers crossed etc I will never recieve such a letter from HMRC but, if i were investigated *how* does it work, should the contract be deemed outside IR35 I know thats only a part of the picture, *who* would they speak to at my client to determine my working practices on a day to day basis. The turnover here is quite amazing, we go through many PM's, HR people etc at a fair old rate, I doubt any of them will be around in a years time let alone 4.

What happens if the person they do speak to, is a right scrote and decides to say "yeah hes here 9-5 every day, regardless of work etc etc just like a permie" does that mean you get screwed based on that?

I don't know it all just seems like FUD to me, guessing IR35 serves it purpose in a way as those that are not so keen on taking risks will automatically cough up the extra money regardless "just to feel safer". Without IR35 everyone would be on the low salary/divis setup wouldn't they.

Cheers and have a great day ;-)
-mrdavies

Exactly

Get the insurance to cover ,get on with your life & stop worrying about it - just look at the number of cases won for and against if you want reassurance

[malvolio]

I'm convinced HMG's strategy now is to close the taxation differential between small company owners and the employed, regardless of how you are set up. Why else cut BigCo CT while raising SmallCo CT by 16%?


The minor detail that this doesn't recognise the lack of benefits for non-employees is being ignored. They also assume that the only reason you start a small business is to build it up so you employ people, they ignore the whole concept of both lifestyle choice and small service provider.

[mrdavies]

Morning all,

Over the relatively short time I have been contracting, I have read about IR35 every single day. The view I take on my situation also varies depending on my mood and how I look at my work with current client. My contract was reviewed, it passed, I have my own ltd and go direct. However, in some ways I could be looked at as a bum-on-seater, but in others most definately not due to the nature of my work.

Up until SA's post about the letter from HMRC i hadn't seen any concrete evidence of someone actually being investigated. It all seems like a shadowy,dark, mysterious world this IR35. Maybe I should visit more forums to get a better view, but I like you lot

Touch wood, fingers crossed etc I will never recieve such a letter from HMRC but, if i were investigated *how* does it work, should the contract be deemed outside IR35 I know thats only a part of the picture, *who* would they speak to at my client to determine my working practices on a day to day basis. The turnover here is quite amazing, we go through many PM's, HR people etc at a fair old rate, I doubt any of them will be around in a years time let alone 4.

What happens if the person they do speak to, is a right scrote and decides to say "yeah hes here 9-5 every day, regardless of work etc etc just like a permie" does that mean you get screwed based on that?

I don't know it all just seems like FUD to me, guessing IR35 serves it purpose in a way as those that are not so keen on taking risks will automatically cough up the extra money regardless "just to feel safer". Without IR35 everyone would be on the low salary/divis setup wouldn't they.

Cheers and have a great day ;-)


-mrdavies