Reply to: Newbie: OPT in / OPT out IR35 impact?

[eek]

[QUOTE=Project Monkey;1819549]

Not sure why you think that. A simple search for the term 'Opt out IR35' brings back a host of articles which explain the situation to the OP much better than we can argue it on here. Written by professionals and not random musings of a load of contractors.

Yes you are.

If you are going to troll the forums could you at least code the quote properly and make some sense please.

+1 but also

oh and don't opt-out. Opting out gives agents an easier live but removes a fair few benefits you really don't want to lose and you gain nothing in return (regardless of what agents and other clueless people say).

[northernladuk]

Not sure why you think that. A simple search for the term 'Opt out IR35' brings back a host of articles which explain the situation to the OP much better than we can argue it on here. Written by professionals and not random musings of a load of contractors.

Yes you are.

If you are going to troll the forums could you at least code the quote properly and make some sense please.

[Project Monkey]

[QUOTE=northernladuk;1819282]Not sure why you think that. A simple search for the term 'Opt out IR35' brings back a host of articles which explain the situation to the OP much better than we can argue it on here. Written by professionals and not random musings of a load of contractors.

Yes you are.

[Contreras]

Don't sign the opt out, it is NOT an IR35 pointer. Read the opt out sticky, this has been discussed at great length.

Be prepared for the agency to spin you quite a line of bulltulip on this one, they will be desperate for you to sign your legal rights away but stick to your guns and refuse to opt out.

^ This
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this --> Opt-in, opt-out?

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v and this:

[Wanderer]

Need some advise from the experienced people here if this true and signing an OPT OUT is the only option?

Don't sign the opt out, it is NOT an IR35 pointer. Read the opt out sticky, this has been discussed at great length.

Be prepared for the agency to spin you quite a line of bulltulip on this one, they will be desperate for you to sign your legal rights away but stick to your guns and refuse to opt out.

[northernladuk]

A little surprised that OPs accountant reckoned it was IR35 relevant, the Opt In/Out

And this is one of the biggies in the "Recommended Accountant" list.

Am also most srprised by the responses below as if the accountant was working for the agency

" As you are putting the contract through a limited company you need to choose Opt Out. Opting in is for people being employed.

All the clients I have spoken to have opted out as they are not employed by the agency and opting in implicates on the IR35 status."

And that is from the accountant? Wow. I have had agents use line about all the other contractors being opted in but even they didn't go as far as to say opting in is for employed people LOL.....

[Hello]

A little surprised that OPs accountant reckoned it was IR35 relevant, the Opt In/Out

And this is one of the biggies in the "Recommended Accountant" list.

Am also most srprised by the responses below as if the accountant was working for the agency

" As you are putting the contract through a limited company you need to choose Opt Out. Opting in is for people being employed.

All the clients I have spoken to have opted out as they are not employed by the agency and opting in implicates on the IR35 status."

[malvolio]

One of the iniquities of IR35 (and there are many) is that it uses employment laws to establish the tax position of someone who is not an employee. It's not all that surprising that an accountant who is not well versed in modern freelancing will make basic - and erroneous - assumptions. Another reason to choose the right people perhaps.

The PCG guide is members only - why wouldn't it be? - but that is easily rectified at very little cost* and a whole shedload of additional resources and protections then become accessible. Its overall conclusion is that it is marginally better to opt out but is of no great consequence either way. It is certainly nothing to do with IR35.



* @OP - www.pcg.org.uk: this is a very broad hint...

[northernladuk]

No they aren't. The full title is "The Conduct of Employment Agencies and Employment Businesses Regulations 2003" - they are not employment regulations, nor do they say that (unless you ignore the word "Business" from the title).

Yup, good point but still enough to make anyone consider the IR35 implications and research it.

[DirtyDog]

Why are you surprised? Many of the Opt out/in articles do mention IR35 and it is worth thinking about. Remember these are employment regulations so that title alone should have you looking at it very carefully when we spend so much time and effort trying to avoid looking like an employee. I know the rules but it still doesn't sound right that we opt in to employment regs.

No they aren't. The full title is "The Conduct of Employment Agencies and Employment Businesses Regulations 2003" - they are not employment regulations, nor do they say that (unless you ignore the word "Business" from the title).

[northernladuk]

A little surprised that OPs accountant reckoned it was IR35 relevant, the Opt In/Out part...?
Also....

ADVICE not advise

Why are you surprised? Many of the Opt out/in articles do mention IR35 and it is worth thinking about. Remember these are employment regulations so that title alone should have you looking at it very carefully when we spend so much time and effort trying to avoid looking like an employee. I know the rules but it still doesn't sound right that we opt in to employment regs.

Even the professionals can't agree if it actually helps/hinders or is IR35 neutral.

[northernladuk]

Oh well, there goes another potential future contributor to this forum.

Not sure why you think that. A simple search for the term 'Opt out IR35' brings back a host of articles which explain the situation to the OP much better than we can argue it on here. Written by professionals and not random musings of a load of contractors.

You could of course actually add a bit of advice yourself. I can't remember a single one of your posts that add any value whatsoever. Picking on a couple of my posts and ignoring the ones that are very helpful makes you look a bit of a prick really.

[kevpuk]

A little surprised that OPs accountant reckoned it was IR35 relevant, the Opt In/Out part...?
Also....

ADVICE not advise

[Project Monkey]

Bit more research needed..... It is argued quite clearly in quite a few articles on this site and others similar. Google will be your friend here.

Oh well, there goes another potential future contributor to this forum.

[northernladuk]

Bit more research needed..... It is argued quite clearly in quite a few articles on this site and others similar. Google will be your friend here.