After the Inside35 contract finishes, back to PSC

[BABABlackSheep]

Thanks for the responses.

There is no remote working for contractors on non-essential projects. So no pay under Brolly as I was sent home due to Covid-19. That made my mind up.

I resigned from the Brolly, new contract with my limited company in place took a few days. Brolly was cool.

At least now I can pay myself and draw dividends, pay for training etc, whilst I wait.

[Paralytic]

Yes just walk away, please don’t post of issues you know nothing about

The self-awareness in this one...

[Paralytic]

I'm slightly more nuanced and would argue if you have an SDS determination of inside treat it as inside but a blanket ban could allow you to argue you are still outside (but use the recent Nationwide case as guidance on where to draw the line)

Yes, that's where I'm at too - if I client had said inside and I was aware of that, I'd find it difficult to then go back to self-determine outside. Any chance of plausible deniability has gone.

[northernladuk]

Yes just walk away, please don’t post of issues you know nothing about


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+1

If a contractor can't understand how contracts work you need to have a think about your chosen career.

[GhostofTarbera]

Not quite. What about the employment contract signed between the contractor and the Umbrella? Are you recommending he resign from that? Or just walk away from that so is still employed by the Umbrella? And then just wait and see what happens?

Yes just walk away, please don’t post of issues you know nothing about


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[ladymuck]

no, he just terminates the contract with the brolly when the underlying contract is terminated. he can use Ltd from then if needed, or re-engage with brolly , also if needed.
all quite standard.
IE. that's how it works.

The umbrella will issue a P45 and should also do a P60

[BR14]

Not quite. What about the employment contract signed between the contractor and the Umbrella? Are you recommending he just walk away from that so is still employed by the Umbrella? Or resign?

no, he just terminates the contract with the brolly when the underlying contract is terminated. he can use Ltd from then if needed, or re-engage with brolly , also if needed.
all quite standard.
IE. that's how it works.

[eek]

I find the "advice" on that page very disconcerting, if not dangerous and misleading.

It's from IPSE - so self-serving rubbish rather than anything sane in a desperate attempt to stay relevant and keep money coming in.

If you have an SDS determination of inside you know the client's opinion so it's hard to argue against.

I'm slightly more nuanced and would argue if you have an SDS determination of inside treat it as inside but a blanket ban could allow you to argue you are still outside (but use the recent Nationwide case as guidance on where to draw the line)

[Paralytic]

Private sector IR35 delay – what you need to know | IPSE

I find the "advice" on that page very disconcerting, if not dangerous and misleading.

What happens if your client has already issued a Status Determination Statement (SDS)?

Any SDS which has been issued is now worthless. It is of no consequence. It should be ignored. It has no bearing on your employment or tax status and HMRC has said it will not seek to find out if an SDS has been issued or what it said. Effectively, if your private sector client decided IR35 applied to your engagement, that is now no more than an opinion of a bystander. The only opinion that matters is yours (and HMRC’s of course).

[Paralytic]

Correct. The umbrella is just providing a service like an accountant or whatever. When you are done you leave. You don't need that mechanism any more. When you do you just re-engage.

Not quite. What about the employment contract signed between the contractor and the Umbrella? Are you recommending he resign from that? Or just walk away from that so is still employed by the Umbrella? And then just wait and see what happens?

[northernladuk]

Correct. The umbrella is just providing a service like an accountant or whatever. When you are done you leave. You don't need that mechanism any more. When you do you just re-engage.

[GhostofTarbera]

After the Inside35 contract finishes, back to PSC

Don’t wait, just switch back now

If umbrella says anything about the contract (they won’t as they don’t care much and people leave all the time and make only a few quid per week) offer to pay that few quid per week

Your agent can get you a new contract with your company in a few days

Private sector IR35 delay – what you need to know | IPSE


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[BABABlackSheep]

A really simple question.

I’m currently under an umbrella as I started a new determined inside IR35 role(now its not determined, but thats another thread).

I have kept my PSC open for now.

If I decide to stay under the umbrella till the contract ends, can I just hand in my notice to the Umbrella Company and act again as though I was trading through a PSC from that point on. Primarily, can I expense training courses etc before I secure my next (hopefully outside) role?

I can’t see why not but...what if you then find another inside35 role. Do you rejoin the umbrella again?