• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

IR35 + MVL

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    IR35 + MVL

    Hi All,
    I finished up at a company a couple of weeks ago, and so far the only thing that's shown up is a reasonably well paying inside IR35 role. The contract would be for 6 months. As I understand it on balance there's no point in billing through my Ltd inside IR35, and I'd be just as well going through an umbrella.

    Assuming I take the contract, is there any reason why I shouldn't wind up my company, pull out the residual funds as ER and work through an umbrella, then at the end of the contract assuming an outside IR35 role comes up spin up a new one? I think I would be demonstrably doing the right thing as I would have no intention to return to Ltd company work within (at least) 6 months.
    And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

    #2
    Originally posted by b0redom View Post
    is there any reason why I shouldn't
    Uh, yeah, the TAAR, which requires 2 years, not 6 months. You'd be arguing that tax wasn't a primary motivation (D), which would be a pretty weak defense. Clearly, you've recognised the possibility that you might open another company, so it's hardly unexpected if you do. That isn't to say the 2 years is completely set in stone if you can mount a reasonable defense, but I don't think you'd have one, based on what you've written. It isn't as though you're taking a permie position, which you could reasonably expect to last for the long-term. You'd be looking over your shoulder and wondering...

    Comment


      #3
      Aha... Didn't realise there was a 2 year limit. That makes sense.

      Thanks....
      And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

      Comment


        #4
        For the benefit of posterity:

        Targeted anti-avoidance rule: watch out when winding up

        Condition C applies.
        And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

        Comment


          #5
          You could, of course, just decide to stay brolly for a couple years. Depending on how much you have within your company it might be worth considering.

          Especially since outside roles are likely to be hard for the next year or two until everyone adjusts to the new rules, and since it would hardly be surprising if they take another run at removing ER before long.

          Comment

          Working...
          X