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Why we MUST ditch our lazy attitude to finding work through agents and agencies

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    Why we MUST ditch our lazy attitude to finding work through agents and agencies

    Indeed, HMRC confirmed to us that if you’re a contractor who works through a recruitment agency, you are automatically going to be considered under Supervision, Direction or Control (SDC), or the right of these, for the purpose of the new legislation prohibiting tax relief on travel and subsistence expenses.

    In other words, where a contractor supplies their personal services through an umbrella or limited company, there will be a “presumption” that there is SDC, or the right of SDC, if the contractor is engaged through an employment agency and as such, your travel and subsistence expenses will not be eligible for tax relief

    This automatic opt-in to SDC all stems from a single and rather innocuous-sounding sentence on page 14 of the SDC consultation by HM Revenue & Customs, which states:

    “This test will be applied in a similar away to that currently used for agency workers in Section 44 (2) of ITEPA.”

    Well, Section 44 (2) of ITEPA states that where a worker is engaged by or through an agency, there will be a presumption that there is Supervision, Direction, or Control (or the right of these) over the worker.

    Consequently, if the SDC proposal on travel and subsistence goes through, without alteration, then, regardless of whether there is Supervision, Direction or Control in reality, such Supervision, Direction or Control will be presupposed once contractors secure their contract through a recruitment agency.

    So all contractors that work through agencies will automatically be in the position where they can no longer claim travel and subsistence expenses, once the current proposal passes into law from April 2016.
    If this actually happens, then I will be going direct to clients, or going permie.

    #2
    Originally posted by DimPrawn View Post
    If this actually happens, then I will be going direct to clients, or going permie.
    In some cases it is not laziness. In the early 90s IBs insisted that direct contractors went via an agency. A lot of big organizations now insist on this - even if you found the role direct.

    If you get a client you can go direct with - happy days.

    Before you go permie, ask which way you will be paid more. And remember, as a permie you get all sorts of office politics, performance reviews and other nonsense you might not like.

    Having said all that, I would love to get rid of all agents. Leeches.

    Comment


      #3
      Surely you have enough money and don't need to work anymore DP?
      In Scooter we trust

      Comment


        #4
        Originally posted by The Spartan View Post
        Surely you have enough money and don't need to work anymore DP?
        Pre divorce, yes.

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          #5
          It's just another step to all temporary workers and contractors / consultants being aligned with permanent staff from a tax perspective. The sector's not big enough to prevent change in that regard through political voting. Will just have to suck it up and enjoy the ride whilst it's lasted....

          It's why I've spent the last few years churning out the days to pay off the mortgage and get the pension sorted. Once the alignment finally happens i'll just stick two fingers up at the gov, claim JSA, sit in my garden drinking white lightning when it's sunny and pretend I have tourettes when they send me for compulsory interviews.....
          Have you tried switching it off and back on again??

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            #6
            Rate rise?
            http://www.cih.org/news-article/disp...housing_market

            Comment


              #7
              Presumably this will also mean automatically inside IR35, hard to see this not being the case.
              I'm alright Jack

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                #8
                Originally posted by BlasterBates View Post
                Presumably this will also mean automatically inside IR35, hard to see this not being the case.
                It seems that's the way that it is going, perm in every sense of the word except with no benefits to it.
                In Scooter we trust

                Comment


                  #9
                  Originally posted by BlasterBates View Post
                  Presumably this will also mean automatically inside IR35, hard to see this not being the case.
                  Plainer than a Bulgarian pin up......
                  Have you tried switching it off and back on again??

                  Comment


                    #10
                    Originally posted by The Spartan View Post
                    It seems that's the way that it is going, perm in every sense of the word except with no benefits to it.
                    Not exactly. Surely even HMRC won't be able to dictate how you do your hair?

                    Comment

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