Originally posted by LisaContractorUmbrella
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Will contracting go out with a bang or a whimper?
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Originally posted by jamesbrown View PostYes, I'm fully aware of that, but we're talking about SDC. It's clear that SDC is a much narrower test than what is currently established in case law for IR35 - that's the point - but the SDC component is nevertheless established in case law (and will be clarified further over time).Comment
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Originally posted by gables View PostHmm, does explain a lot.
So does HMRC's opinion trump that of the ClientCo? Also, I don't know how working practices are determined, but presumably by HMRC asking the client, I can't then see how HMRC can determine a different outcome, maybe I'm being naïve?? Although 'the right of' is a sneaky thing and maybe the gotcha..Comment
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Originally posted by LisaContractorUmbrella View PostIt's not only narrower, it's also considered to be the least significant of all the tests by some - Lord Chief Justice Parker in Morren v Swinton stated: "Clearly superintendence and control cannot be the decisive test when one is dealing with a professional man or a man of some particular skill and experience. Instances of that have been given in the form of a master of a ship, an engine driver or a professional architect, or as in this case, a consulting engineer. In such cases there can be no question of the employer telling him how to do work; therefore the absence of control and direction in that sense can be of little, if any, use as a test”Comment
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Originally posted by dynamicsaxcontractor View PostCould you imagine how much money would be saved on all sides if we could all just get on with our business instead of all of this. I am sure HMRC would get MORE money as we all would make MORE and pay MORE tax as well as all money SAVED on canning their IR35 department.
x, y and z being paid leave, sick leave, enforceable notice, redundancy, union rights, etc.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
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Originally posted by fool View Post"Yep, it is different but it's your choice to live away and travel to presumbly better paid contracts. You can't expect HRMC and the rest of us to subsidized your choice so you can be better off than the rest of us."This default font is sooooooooooooo boring and so are short usernamesComment
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Has anyone got a summary - or link to one - of what we currently think the changes will BE? There was a load of talk about dividend taxes (which IMO are not a massive deal as it stands) - and T&S (which could be though I don't know the details). Then I've seen mutterings about major IR35 changes too but have no idea if that's coming or not.
Sorry if it's already in this thread - I didn't trawl through so if it is just say and I'll go find it.Originally posted by MaryPoppinsI'd still not breastfeed a naziOriginally posted by vetranUrine is quite nourishingComment
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Originally posted by d000hg View PostHas anyone got a summary - or link to one - of what we currently think the changes will BE? There was a load of talk about dividend taxes (which IMO are not a massive deal as it stands) - and T&S (which could be though I don't know the details). Then I've seen mutterings about major IR35 changes too but have no idea if that's coming or not.
Sorry if it's already in this thread - I didn't trawl through so if it is just say and I'll go find it.Comment
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Originally posted by PurpleGorilla View PostThis is what it means...
Employee based in London is sent to Manchester office for 3 months and has expenses paid by the business
Ltd company employee/consultant/scum/whatever based in London works at client site in Manchester for 3 months and can claim no expenses but pays for costs out of own personal pay packet.
Employee has sick, holiday, parental, grievance, pension, etc etc
Ltd co entrepreneur gets none of that unless they pay for it out the business. Which also pays accountant, insurance, business overheads etcOriginally posted by fidot View PostComparing a freelancer's travel expenses with those of a generic permanent employee is comparing apples with oranges. The comparison that should be made is with the employees of the big consultancy firms, who, if I understand correctly, are somehow miraculously out of scope of this legislation.Originally posted by PurpleGorilla View PostOnce again in that scenario the risk taker, entrepreneur, and independent businessman (a.k.a. The Ltd Co Contractor) loses out.
If they align the permie/consultancy expenses with contractor ones then fine. But as it stands, it's just straight up targeting small business.
I did a week last year that looked like this:
Mon - Thur (Client 1, Central London)
Fri - Mon (Client 2, Outer London)
Tue - Wed (Client 3, Hull)
Thur - Fri (Client 4, Northampton)
I stayed in three hotels and travelled most of the country - you're telling me that it's somehow unreasonable to claim tax relief on that travel?Comment
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Originally posted by d000hg View PostHas anyone got a summary - or link to one - of what we currently think the changes will BE? There was a load of talk about dividend taxes (which IMO are not a massive deal as it stands) - and T&S (which could be though I don't know the details). Then I've seen mutterings about major IR35 changes too but have no idea if that's coming or not.
Sorry if it's already in this thread - I didn't trawl through so if it is just say and I'll go find it.Comment
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