IR35 Strengthening Link

[Taita]

Office holder appears to have a wider definition for HMR&C:

‘An office in this context is, in my opinion, a post which can be recognised as existing, whether it be occupied for the time being or vacant, and which, if occupied, does not owe its existence in any way to the identity of the incumbent or his appointment to the post. It follows, I think, that the office must owe its existence to some constituent instrument, whether it be a charter, statute, declaration of trust, contract (other than a contract of personal service) or instrument of some other kind. It also follows, in my view, that the office must have a sufficient degree of continuity to admit of its being held by successive incumbents: it need not be capable of permanent or prolonged or indefinite existence, but it cannot be limited to the tenure of one man, for if it were so it would lack that independent existence which to my mind the word “office” imports. It may be that it should in some degree possess a public character, but it is not necessary to decide that point in this case, for the taxpayer’s functions in respect of which fees were received undoubtedly had such a character.’

Offices: definition

The drafting suggests to me that an office (officer) is an a executive decision making position. I think it will catch a number of contractors in senior posts i.e. 'Director' of this or that but we can be sure that the usual wide variety of interpretations will arise and there will be tears before teatime with managers being deemed to be capable of executive decisions on behalf of their employers.

[LisaContractorUmbrella]

Office holder appears to have a wider definition for HMR&C:

‘An office in this context is, in my opinion, a post which can be recognised as existing, whether it be occupied for the time being or vacant, and which, if occupied, does not owe its existence in any way to the identity of the incumbent or his appointment to the post. It follows, I think, that the office must owe its existence to some constituent instrument, whether it be a charter, statute, declaration of trust, contract (other than a contract of personal service) or instrument of some other kind. It also follows, in my view, that the office must have a sufficient degree of continuity to admit of its being held by successive incumbents: it need not be capable of permanent or prolonged or indefinite existence, but it cannot be limited to the tenure of one man, for if it were so it would lack that independent existence which to my mind the word “office” imports. It may be that it should in some degree possess a public character, but it is not necessary to decide that point in this case, for the taxpayer’s functions in respect of which fees were received undoubtedly had such a character.’

Offices: definition

[Wanderer]

Are you in charge of the quango or government department your psc is selling your services to. If you are this covers that tax dodge.

Pretty unlikely to impact any of us then?

[eek]

I take it to mean that if you act as an interim Director then you are inside IR35.

Are you in charge of the quango or government department your psc is selling your services to. If you are this covers that tax dodge.

[SarahL2012]

Interim Directors caught??

Can anyone translate it for me? What does it mean to us limited company directors or is it a "wait and see"

I take it to mean that if you act as an interim Director then you are inside IR35.

[malvolio]

Can anyone translate it for me? What does it mean to us limited company directors or is it a "wait and see"

Depends if your role controls a client's P&L or not... this is the abandoned Alexander Rule by another route.

[eek]

Can anyone translate it for me? What does it mean to us limited company directors or is it a "wait and see"

Its the rule that makes it illegal for heads of quangos to sit off payroll being paid via a personal service company.

[Qdos Contractor]

It's in here, about a fifth of the way down (search for 'IR35') - http://www.hm-treasury.gov.uk/d/draf..._bill_2013.pdf

[Sausage Surprise]

Can anyone translate it for me? What does it mean to us limited company directors or is it a "wait and see"

[kaiser78]

Now I know most of us tend not to use the links on the RHS ---> (or however NLUK shows it) but saw this link on IR35 changes to be included in 2013 Finance Bill.

Apologies if already covered, but I found it interesting to read.

IR35 to be strengthened on December 11th :: Contractor UK