Email and working on client's site

[basshead]

When using @ClientCo email address I now sign it as 'MyCo Ltd for and on behalf of ClientCo'. I would change it if ClientCo insisted, but until then the advert, er I mean 'signature' remains

[THEPUMA]

Fair enough.

But do you think that the Part & Parcel test should be completely ignored, then? Of course, subsititution, D&C and MOO is important but its the whole arrangement between client, agency and contractor that needs to be addressed not just certain areas.

When reviewing a contract, I will initially only consider substitution, D&C and MOO. If it passes on one of them, I wouldn't give P&P a second thought. If it doesn't pass on any of them, then it may be worth considering, amongst several other minor factors.

Of course, this pre-supposes that existing caselaw isn't superceded and I would caveat accordingly but I don't think there is any other practical assumption you can make.

PUMA

[Alan @ BroomeAffinity]

Fair enough.

But do you think that the Part & Parcel test should be completely ignored, then? Of course, subsititution, D&C and MOO is important but its the whole arrangement between client, agency and contractor that needs to be addressed not just certain areas.

[THEPUMA]

Who says?

Me.
Caselaw precedent.
David Smith of Accountax.
Anyone who know what they're talking about.

[Alan @ BroomeAffinity]

Not really. 99% of IR35 cases will be decided upon substitution, control and/or MOO.

Who says?

[THEPUMA]

How can it possibly be meaningless? Its one of the main tenets of a Employed / Self-Employed test.

Not really. 99% of IR35 cases will be decided upon substitution, control and/or MOO.

[Alan @ BroomeAffinity]

The term 'part and parcel of the organisation' seems meaningless IMO.

Some places I've worked have been mostly staffed by contractors and consultants; the few permies were mostly in management roles. So I was 'part and parcel' of an organised group of independent contractors and consultants, which sounds like a pointer outside of IR35.

How can it possibly be meaningless? Its one of the main tenets of a Employed / Self-Employed test.

[swamp]

The term 'part and parcel of the organisation' seems meaningless IMO.

Some places I've worked have been mostly staffed by contractors and consultants; the few permies were mostly in management roles. So I was 'part and parcel' of an organised group of independent contractors and consultants, which sounds like a pointer outside of IR35.

[Alan @ BroomeAffinity]

In my experience, it seems split about 50/50. From an IR35 perspective IMHO it is a pointed toward being "part and parcel" of the client's business to use an @clientco.com address but it is anybody's guess how much emphasis or reliance would be placed on it.

QUOTE: I use the Clients email systems as their suppliers and customers don't expect and wouldn't necessarily accept doing business with someone they perceive as external to the client.

Which would suggest you are presented to externals as part and parcel of the client so presumably are inside IR35?

[Sockpuppet]

I use my own.

Sometimes I am forced to use clientco e-mail address but I keep that to a minimum.

[NotAllThere]

All externals here, whether contractors or consultants, have a company supplied email address of their name with the domain @contractor.clientco.com

[Ravello]

When you are working on a clients site on their behalf do you send emails to external business's using your LtdCo's email address or using the clients email addy (if they have given you one?).

Thinking form IR35 angle and professional angle.

Comments welcome.

businesses

I use my Ltdco's email when dealing with anything not related to work at client site (including agent, accountant etc.)

[ratewhore]

I use my Ltds. But, in the past it has varied.

[TykeMerc]

When you are working on a clients site on their behalf do you send emails to external business's using your LtdCo's email address or using the clients email addy (if they have given you one?).

Thinking form IR35 angle and professional angle.

Comments welcome.

I use the Clients email systems as their suppliers and customers don't expect and wouldn't necessarily accept doing business with someone they perceive as external to the client.

[pleomax]

When you are working on a clients site on their behalf do you send emails to external business's using your LtdCo's email address or using the clients email addy (if they have given you one?).

Thinking form IR35 angle and professional angle.

Comments welcome.