Reply to: Can remote work be the silver bullet for outside IR35?

[darmstadt]

My client insisted we all use their laptops. It takes 6-8 weeks to issue them, mind.

Nearly every contract I've done where I've needed one, I've been issued with a company laptop but luckily, they're been ready and waiting upon contract start.

[ladymuck]

Permies are probably given a company laptop to work on. That could be a factor.

My client insisted we all use their laptops. It takes 6-8 weeks to issue them, mind.

[d000hg]

Permies are probably given a company laptop to work on. That could be a factor.

[northernladuk]

That was PSCONT again??? Should have known with the redundancy post and his beligerence.. Had us all that time.

[WTFH]

My current contract is outside, so this is irrelevant.

But to answer it. I started renting when the lockdown started. Still rent, will rent until office reopens or my contract expire.
Strictly speaking no, because I wont do face to face meetings in homes, so no I can not carry out the contract.
More over it doesnt matter when you start renting - might be mid contract - simply you will be otside in mid contract.

This whole discussion is for the 2021 if the offices are still closed.

OK, how about you rent a room (office) from your sister in Edinburgh, then pay her rental. Make your granny the company secretary, and then troll the forum.

Bye Bye PSCONT/GARNET/Etc.

[northernladuk]

My current contract is outside, so this is irrelevant.

But to answer it. I started renting when the lockdown started. Still rent, will rent until office reopens or my contract expire.
Strictly speaking no, because I wont do face to face meetings in homes, so no I can not carry out the contract.
More over it doesnt matter when you start renting - might be mid contract - simply you will be otside in mid contract.

This whole discussion is for the 2021 if the offices are still closed.

What do you rent? How? Where?

[northernladuk]

Can remote work be the silver bullet for outside IR35?

No. There is no silver bullet for IR35...... /thread

[northernladuk]

Negative rep for dissing the OP



Do I win a prize?

The horrible little oik neg repped our ladymuck!! In to him laaaaaaads!!


Did you get a nice comment with it like mine?

20th October 2020 10:26
anim
Thread: Can remote work be the silver bullet for outside IR35?
fuc.k off

[jamesbrown]

Notice also how "Does your client have the right to decide how the work is done?" is immaterial for highly skilled work, for exactly the same reason. The permies doing the highly skilled work will also be working autonomously: ESM0527 - Employment Status Manual - HMRC internal manual - GOV.UK

Which I notice you answered "No" for, when I'd expect most contractors should be answering "Not Relevant"

First, you need to ignore HMRC guidance and look at the case law. For the same reason, you need to ignore CEST.

Second, it’s about the right of control.

Third, the “how” element of control is just one element.

Fourth, it’s just as easy for permie experts to control contractor experts, in practice, as it is for permie numpties to control contractor numpties.

Other factors being equal, it will be harder for clients who draft in specialists outside their core business to control how the work is done, but this type of arrangement is likely outside for other reasons.

Context is everything, which is why IR35 (and CEST) doesn’t work.

[northernladuk]

The client will answer it the way I suggest - they have to ask me at least, because they wont know to start with. .

That's not true. The client will have done this list on the ROLE, not the person doing it. It should have been done well before you got involved and even before it was advertised so they know the score when they go to market.

Their view on moving you on to different work is likely to be different to yours and their view on fixing the problem in your own time is likely to be different. There is no way we fix our stuff in our own time, We balls up, we go back and correct it as part of the working day. It is what it is and they will know that. That's just two for starters.

The arrogance and stupidity in that one sentence is why it's pointless trying to engage you in these things. The client doens't know to start off with.. give me strength

[ladymuck]

Negative rep for dissing the OP



Do I win a prize?

[anim]

So, we're back to the office you are renting.
You've not provided any information about the type of office, the rental agreement, or anything like that.
Neither have you defined how long you are renting it for, when you started renting it, etc.
Questions:
Did you start renting it before the current contract began?
Would you be able to carry out the contract for the client if you did not have that office?

My current contract is outside, so this is irrelevant.

But to answer it. I started renting when the lockdown started. Still rent, will rent until office reopens or my contract expire.
Strictly speaking no, because I wont do face to face meetings in homes, so no I can not carry out the contract.
More over it doesnt matter when you start renting - might be mid contract - simply you will be otside in mid contract.

This whole discussion is for the 2021 if the offices are still closed.

[eek]

Absolutely I expect client to ask me about details only I know, but they are asked to provide.
If they dont do it, well, we wont be working together.

But the client can answer the question themselves without any input from you.

And the answer to the question is actually No - the OP / contractor does not need to rent an office for the work they are doing.

The fact you want to is your own personal choice and has nothing to do with the contract itself.

[northernladuk]

Right. I put this in general to be able to tell to feck off. Well, feck off.
It is not me, it is HMRC's tool that gave me outside det.

For you to fill in as you see fit... and judging by your ability to not be able to come to the right conclusion with the facts staring you in the face, I wouldn't be trusting the result.

[anim]

So you're saying that all of your clients will ask you for the answers to give and not have their own view, will not have taken advice from any other party and will 100% believe your interpretation of the contract and working arrangements?

Great, excellent, well done.

Absolutely I expect client to ask me about details only I know, but they are asked to provide.
If they dont do it, well, we wont be working together.