Reply to: IR35 - Who's in and who's out?

[realityhack]

This thread needs a poll.

[Bunk]

I'm most definitely outside IR35, because I'm an employee. Have I beaten the system?

Sounds like it's beaten you

[VectraMan]

I'm most definitely outside IR35, because I'm an employee. Have I beaten the system?

[TheFaQQer]

Unless I'm very much mistaken that's 365 + 366 = 2 years and 1 day. Not much of a contractor obviously

Plus, it's a continuation of his interim role, so will be over the two years.

[malvolio]

Really?

What about the 2 year rule?

What about it. Nothing stops you paying someone's travel costs from the company, even your own. It's just that the 24 month rule means you have to treat them as a BIK and pay your PAYE/NICs on them as earned income. Nobody has said Lester isn't doing exactly that.

[Bunk]

No need. Just 2 x 365 - 2012 is a leap year

He's messed it up.

His two year contract runs from 1 February 2011 to 31 January 2013

Unless I'm very much mistaken that's 365 + 366 = 2 years and 1 day. Not much of a contractor obviously

[centurian]

It's probably a 1 year 364 day contract. Not that I'm cynical

No need. Just 2 x 365 - 2012 is a leap year

[Bunk]

Really?

What about the 2 year rule?

It's probably a 1 year 364 day contract. Not that I'm cynical

[malvolio]

That's buggered the expenses right from the start then.

No it hasn't. They can pay him what they like. Whether or not he pays taxes on it is the interesting question... There's a lot of mis-informed bollocks being thrown around the press, I think we need to understand things a lot better than they do.

One point, though. At £900 a day plus expenses, he's costing HMG £400 a day less than I was last charged out at to them, and I wasn't the boss of the department.

[centurian]

Documents show the deal was signed off by David Willetts, the Universities minister, who said in a letter that it had been “agreed by the Chief Secretary to the Treasury” Danny Alexander.

Which is no different from ClientCo simply stating in a contract that they do not view the relationship as a employer / employee relationship i.e. useless - HMRC can completely ignore it.

In reality though, HMRC are unlikely to go anywhere near it - unless you get some awkward inspector who doesn't like the fact that their kid has to pay higher tuition fees and they have to make higher pension contributions.

[vetran]

I would suggest the PCG or Shout99 wait a bit then say 'Put up or shut up'. If he is caught we want him done, if he isn't we need a get out of jail free card.

[beaker]

Hey, who are we to judge? He's on a 24 month contract and it all comes down to working practices, right? Right?

[gingerjedi]

Hi all,

Excuse my naivety here, I have a question about the amount of contractors that are outside IR35. From what I understand of it, it sounds so difficult to be outside IR35 that most contractors must bye inside it?

Does anyone know (or hazard a guestimate) what the ratio of software developers that are inside IR35 is to those outside it?

Hector.

You can spot a civil servant from the bad grammar and spelling mistakes.

[d000hg]

Which bit of

Documents show the deal was signed off by David Willetts, the Universities minister, who said in a letter that it had been “agreed by the Chief Secretary to the Treasury” Danny Alexander.

Don't you understand?

A letter saying he was IR35 exempt? Or that he could work through a Ltd? Does Chief Secretary to the Treasury include the power to overule HMRC in individual cases?

[amoeba]

[URL="http://www.telegraph.co.uk/education/9054733/Chief-executive-of-Student-Loans-Company-allowed-to-avoid-40000-a-year-in-tax-by-Coalition.html"]
This allows Mr Lester to pay corporation tax of 21 per cent

Is that article really old, been 20% since 2011 hasnt it?