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You know what, there is a lot of references to the OP and their weed smoking habit. But it's a good question raised. Every contract I have, the non MOO essentially means that even when the contract is in place, legally there is no reason I have to show up. Or work is given. It usually also means any notice period is also ineffective, as you can just not work but leave the contract valid. How is that different to what the OP is asking? The one place the contract does work is ensuring you get paid for days worked.
Surely that would be 'little difference' if it is 'primarily' about working practices? I think a contract along with a CoA letter does make a difference personally, and if it is only that extra 1% that puts you save then it's a worthwhile exercise.
Originally posted by LisaContractorUmbrellaView Post
IR35 is primarily about working practises so not having a contract will make no difference
Surely that would be 'little difference' if it is 'primarily' about working practices? I think a contract along with a CoA letter does make a difference personally, and if it is only that extra 1% that puts you save then it's a worthwhile exercise.
Actually, one thing I always wondered was when past contracting history can be used as a defence. "I'm sorry hmrc, you see I can't be a disguised employee as I've been freelance for 10 years and signing away my soul is morally unacceptable to me. I would never do it".
IR35 is primarily about working practises so not having a contract will make no difference
Actually, one thing I always wondered was when past contracting history can be used as a defence. "I'm sorry hmrc, you see I can't be a disguised employee as I've been freelance for 10 years and signing away my soul is morally unacceptable to me. I would never do it".
You know what, there is a lot of references to the OP and their weed smoking habit. But it's a good question raised. Every contract I have, the non MOO essentially means that even when the contract is in place, legally there is no reason I have to show up. Or work is given. It usually also means any notice period is also ineffective, as you can just not work but leave the contract valid. How is that different to what the OP is asking? The one place the contract does work is ensuring you get paid for days worked.
In effect this is what I wanted, someone to answer what are the consequence from the point of view of the ir35 thing. My, obviously naive(and sometimes agent provocateur style), mind says if I have no contract the man can't hold it against me a pick holes in it to show me as "in" ir35. If I have no contract I am simply a company selling a service and taking all the risks that come with that.
We are all in this together. I just love paying taxes?(but only at a rate I think is palatable)
Perhaps you missed my earlier post, when someone else was labouring the point about contracts...
In effect this is what I wanted, someone to answer what are the consequence from the point of view of the ir35 thing. My, obviously naive(and sometimes agent provocateur style), mind says if I have no contract the man can't hold it against me a pick holes in it to show me as "in" ir35. If I have no contract I am simply a company selling a service and taking all the risks that come with that.
We are all in this together. I just love paying taxes?(but only at a rate I think is palatable)
LOL! I like a good laugh and you certainly provide it
Know what HMRC are like, if you can't prove your operating as an independent ltd company they're going to assume your an employee. Guilty until proven innocent....
In effect this is what I wanted, someone to answer what are the consequence from the point of view of the ir35 thing. My, obviously naive(and sometimes agent provocateur style), mind says if I have no contract the man can't hold it against me a pick holes in it to show me as "in" ir35. If I have no contract I am simply a company selling a service and taking all the risks that come with that.
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