Originally posted by The Lone Gunman
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Reply to: bonus and ir35
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Previously on "bonus and ir35"
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the bonus is lump sum + discretionary (based upon how much effort each of the team is perceived to have made in hitting the deadlines)
how would you invoice for this? i was thinking 'project completion fee' or similar
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Originally posted by malvolioThe bonus issue actually supports that position - you stand to make a financial loss if you don't deliver to the required standard.
He could work like a trooper and not get it because someone else stuffs up. Or he could be a lazy git and get it because everyone else performs above expectations.
tim
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No quite that simple, actually, but pretty close in effect. If you have a direct contract with the end client, demonstrable lack of MOO with proof, RoS and the rest, you are non-IR35 as you can get.
The bonus issue actually supports that position - you stand to make a financial loss if you don't deliver to the required standard.
If you ignore the word "bonus", and consider the potential lack of a that payment as a penalty clause, it all becomes clear.
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bonus and ir35
g'day
my first question here, so be gentle...
i have a question regarding ir35 status. i have been at my current (and first!) contract for 8 months now, and the current project has a bonus scheme in place for both contractors and permanent staff (the stakeholders have a very very keen interest in it being done on time, so have put their money where their mouth is, so to speak)
the bonus scheme is significant (could be approaching a 5 figure sum) so i am keen to obtain my cut!
I have declared my relationship with the client to be outside of IR35, based on my understanding of the ruling. i work flexible hours, provide my own kit, have MOO, right of substitution etc. in contract (MOO has come into play on more than one occasion during quiet periods), immediate notice period, rectify own mistakes, etc. also it's a direct contract (no agent) which is nice.
my question is, would anyone have any idea as to how i could claim the bonus without jeopardising my ir35-comfortable status? could i just invoice for it? how would this look in the light of an investigation? the documentation regarding the bonus makes a clear distinction between permanent members of staff and contractors, but says both are eligible. the bonus is very much based on the delivery and acceptance of a particular piece of work.
there are some other contractors in the team who have been having similar thoughts, but no-one seems to have an answer yet.
thanks
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