Newbie - Inside/Outside IR35 - Help!

[Lance]

I'll give good odds that clients hand the decision off to the agency and go with their advice on any given role. Agencies are, after all, the real experts on IR35, disguised employment, proper use of CEST and B2B contractual arrangements for temporary staff.

Oh, hang on...

you think that a client will hand over a decision, that potentially impacts the client legally and financially, if done wrong, to an agency?

[Vincenth1]

IR35

I'm thinking about accepting a contract with the MOD/army. The role was advertised as a day rate inside IR35, Umbrella, Company or PAYE. I don't think I've seen any MOD role outside since the new legislation came in, so it feels like MOD practice is everything is blanket inside. I don't think it's an option to ask for an uplift on rate, but I'm keen on the role as I think it's an interesting piece of work.
I have read on this site that if your caught by IR35 by default that deducting employers NI from the agreed rate is unlawful as Employer's NI is supposed to be paid on top of the agreed rates by the deemed employer, which if I went brolly would be the Umbrella. I have been in this situation before and of course what happens is that the Umbrella takes it out of your daily rate, which is a considerable chunk. I read here that contractors can reclaim what is rightfully theirs by employment tribunal, county court or HMRC within 3 months of leaving.
What's people's view on this?

[Lance]

What's people's view on this?

The MoD are incapable of allowing any sort of worker to not be under S, D & C. It's called the chain of command. So I'm not surprised it's inside. Probably always should have been.

[jmo21]

you think that a client will hand over a decision, that potentially impacts the client legally and financially, if done wrong, to an agency?

wooosh!

[LondonRealist]

Deffo stay umbrella. If you went LTD you'd be on your own so put a good amount of effort in to researching and learning stuff for yourself.

If you do think you are up for it. Read all the links to the right hand side, starting with the first timers guide and then come back with some specific questions we can actually answer.

Thanks - I've nearly completed the on-boarding online process for the agent and finally signed up to Liquid Friday umbrella (swayed by their website content, small team, growing business) and the way staff were overly chatty every time I called them today to check their fees / info. I nearly went with SmartWork as they're also small yet seemed decent on phone and are open 7 days.

So fingers crossed. My biggest fear is not getting paid thru timesheet / Giant payroll cock ups onto y umbrella. But I'll just have to be like a hawk on those timesheets and keep my own records of it too

Are their any personal pension plans that contractors use and pay into instead of having pension pots in perm and umbrella pensions. I guess I need to think about that as well.

thanks for the links on right and steer guys.

[northernladuk]

Pensions are more efficient via the brolly and don't you have to have one by law? Why would you have a personal one?
pensions_contractors_umbrella_company.aspx

You can combine all the closed ones in to wherever you want.