Reply to: Contract...hmm.

[malvolio]

IR35 does not apply to contracts of less than 1 month IIRC

Wrong... sorry.

[Archangel]

Got a new contract through for some ad-hoc work. Not going to get it checked professionally as its only 4 days work from home so I am not that fussed.

Just wondering does 2.3 mean anything or will the revenue laugh at it and 2.4 I'm guessing this isn't a non-substitution clause. In my world doesn't say I can't use who I want to do the work just that I can't pass it on to a third party company...then again I'm probably wrong.

Not that worried about the IR35 on this. Its a low value contract - done along side other work for major client co mostly remotely.

IR35 does not apply to contracts of less than 1 month IIRC

[TheFaQQer]

I'd doubt it.

Would be fantastic if it did, though!

Clause 2.3 reads "Although you are a disguised employee of the company, as a scam so we don't have to pay NI, it is hereby acknowledged that you are, in fact, outside IR35, so don't worry about that."

I'll try putting that in all my contracts from now on

[Sockpuppet]

That looks like your contract telling HMRC how to view you. Does that work?

I'd doubt it.

[expat]

2.3
... although it is hereby acknowledged that the Contractor and or Consultant is an independent company and as such shall not for the purposes of employment law taxation or otherwise, be regarded as an employee of <Client> or the Client.

That looks like your contract telling HMRC how to view you. Does that work?

[Sockpuppet]

Sweet. They agreed to use the PCG contract with some small changes and the PCG non disclosure agreement.

Sweet. Roll on the direct work.

[TheFaQQer]

I'll make up the extra tax I'll pay just by taking the scenic route.

taking the shortest possible route and telling them it was twice as far "to avoid traffic"

[Sockpuppet]

I just read the rest of the contract and kind of ignored the schedule. It has a section on "expenses". Hotels covered at cost, meals at cost upto £20/day, driving at £1 per mile.

Time to rack up some trips to the outlying warehouses I feel.

I feel this descerves more bananas. I'll make up the extra tax I'll pay just by taking the scenic route.

[TheFaQQer]

Yeah, I'll have a word. Its a large company so I am wondering how this would work. If I happen to get a contract with this company (the end client) thought say another agency and took the contract - would I be in a commercial relationship with the end client or the agency.

Yes.

[Sockpuppet]

As said - I'd be more worried about the 12 months thing than being IR35 caught for this one. If you're caught, then you've already paid PAYE on it. But 12 months is ridiculous.

Yeah, I'll have a word. Its a large company so I am wondering how this would work. If I happen to get a contract with this company (the end client) thought say another agency and took the contract - would I be in a commercial relationship with the end client or the agency.

[Sockpuppet]

I wouldn't be too scared off, but then what if 4 days turns into 4 weeks...

It can't. On a contract for <main client co> so I am doing this work on the side - while sitting at cleint Co and billing them for the same day. Hell if all the work gets done then everyone is happy.

[TheFaQQer]

I was wondering that...this whole "gig" just seems a bit wierd.

First off I got approached by an agent for a large rec agent....using his personal e-mail as his work one was having difficulties. He gave me this guys contract details then I sort of arranged the interview myself. He has now dissapeared.

I'll do the work as its cash at the end of the day even at full PAYE and its such a small amount (in the grand scheme of things) that I pay myself £12k/year PAYE anyway so I can easily claim that this money is in there if they find out that I am IR35 caught for this contract.

As said - I'd be more worried about the 12 months thing than being IR35 caught for this one. If you're caught, then you've already paid PAYE on it. But 12 months is ridiculous.

[Sockpuppet]

I was wondering that...this whole "gig" just seems a bit wierd.

First off I got approached by an agent for a large rec agent....using his personal e-mail as his work one was having difficulties. He gave me this guys contract details then I sort of arranged the interview myself. He has now dissapeared.

I'll do the work as its cash at the end of the day even at full PAYE and its such a small amount (in the grand scheme of things) that I pay myself £12k/year PAYE anyway so I can easily claim that this money is in there if they find out that I am IR35 caught for this contract.

[miffy]

I agree with RW's thoughts, can't you give them a template of your own (or a PCG jobbie instead)?

If not, it's only 4 days work though like you say, I can't imagine the IR would be even arsed looking at that even if you ever did get raided.

I wouldn't be too scared off, but then what if 4 days turns into 4 weeks...

[TheFaQQer]

2.3 means that you can't tell the end client that you work for yourself, you need to pretend to work for the consulatncy in the middle. I've seen it a few times in different guises - your client is getting paid lots and they don't want to reveal that having won the contract they haven't got the staff to deliver it.

I'd be concerned about a 12 month restriction given that you're only there for 4 days. Doesn't seem to be a reasonable restriction to me, and I'd try to get it taken out. If they won't take it out, tell them you're not interested - it's not like it's a long term gig that you're throwing away!