Gym membership + IR35? Gym membership + IR35?
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  1. #1

    Nervous Newbie


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    Default Gym membership + IR35?

    Hi,

    Quick question - how many folk here use a gym connected to their clients site? I'm looking to join a gym having landed my first contract and the most convenient one is located within the same building I'm currently providing services at. Membership is slightly subsidised as its only available to folk working within the building complex. T&Cs state that permie staff can use the gym and contractors can too depending on the membership taken out. Once my contract is up, and assuming I go elsewhere, my gym membership there will be terminated.

    Ran it by QDos and they said at worse, going to such a gym would be a minor point in an IR35 investigation but the much more major points would be MOO, Substitution and Control. Of course, I'm planning on paying the membership out of my pocket given its for personal use.

    All in all, wanted to know whether I'm overthinking things and should just join or whether to steer clear and find another place?

    Cheers!
    P

  2. #2

    Double Godlike!

    malvolio's Avatar
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    Not everything is about IR35.

    By the same token, if something is available to everyone, it is irrelevant for IR35.

    So the answer is...?
    Blog? What blog...?

  3. #3

    Fingers like lightning


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    Overthinking it. Don't worry too much about it as it's very unlikely to carry weight for IR35. Yes it may come up as a secondary factor but I'd focus more on the trinity for IR35 first of all.

  4. #4

    Super poster


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    You're overthinking it. As QDOS say, it's a very minor pointer at worst (and could be meaningless). Also, QDOS view is going to carry more weight than anybody on here so if they aren't too fussed by it, what are you worrying about?

  5. #5

    My post count is Majestic

    northernladuk's Avatar
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    Quote Originally Posted by TheCyclingProgrammer View Post
    what are you worrying about?
    Maybe he's worrying about the fact that April 2020 is on the horizon and he's still struggling with things like this perhaps?
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  6. #6

    Nervous Newbie


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    Thanks gents.

    Quote Originally Posted by northernladuk View Post
    Maybe he's worrying about the fact that April 2020 is on the horizon and he's still struggling with things like this perhaps?
    April 2020 is far away in my eyes. One day at a time ol wise one...

  7. #7

    Fingers like lightning


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    We assume you also know the difference and implications between paying for this personally or from your company. BIK and all that...

  8. #8

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    Quote Originally Posted by pac88 View Post
    Thanks gents.



    April 2020 is far away in my eyes. One day at a time ol wise one...
    Just checking. You know April is when it hits. Depending on your payment schedule you should be making decisions as early as January and pushing clients for determinations as early as Dec, even possibly October yes?
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  9. #9

    Contractor Among Contractors

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    You can use it but to be fully IR35 compliant you have to bring your own weights

  10. #10

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    Quote Originally Posted by PerfectStorm View Post
    You can use it but to be fully IR35 compliant you have to bring your own weights
    And have them certified by QDOS or Abbey. I'd also recommend a confirmation statement from your client about your lifting practices.

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