Am i really inside Ir35

**MrMarkyMark** · 2 December 2015, 15:32

What are my chances of getting out of this IR35 zone if I go direct to client?

None, if it is the same duties and engager as your previous perm / contract role.
Going direct won't make any difference.

This what IR35 was originally "designed" to prevent.

**northernladuk** · 2 December 2015, 15:54

If you have to ask if you are inside IR35 you probably are

Yes, Friday to Monday contractor which was what the whole thing was designed for. There is a little wiggle room about doing completely a different role and being treated like all the other contractors but IMO it's highly likely you'll be in the same area'ish so part and parcel. You'll still think like a permie, 'client' will still think of you as an employee so you are caught. HMRC will want to come and have a look and will need a lot of convincing but by then it's too late.

If you are going to go contracting don't bother with the easy (but it isn't) route. Get out there and do it properly.

**BrilloPad** · 2 December 2015, 16:11

Originally posted by crazyman1979 View Post

What are my chances of getting out of this IR35 zone if I go direct to client?

Zero. But at least they are unchanged.

Maybe HMRC will be busy and you will fall through the net?

**TykeMerc** · 2 December 2015, 16:15

Originally posted by BrilloPad View Post

Zero. But at least they are unchanged.

Maybe HMRC will be busy and you will fall through the net?

Indeed.

As everyone has said you're a Friday-Monday contractor, that's automatically inside IR35 barring some fairly freakish changes in the work you're doing.

The fact there is or isn't an agency involved is utterly irrelevant in IR35 terms.

**LondonManc** · 2 December 2015, 16:18

Suck it up and go inside IR35 as a contractor at your old permco.
You're inside or outside IR35 on a contract-by-contract basis so once you've finished your inside IR35 gig, there's nothing to stop you going full on contractor in an outside IR35 gig next time.

**TheFaQQer** · 2 December 2015, 16:27

Originally posted by LondonManc View Post

Suck it up and go inside IR35 as a contractor at your old permco.
You're inside or outside IR35 on a contract-by-contract basis so once you've finished your inside IR35 gig, there's nothing to stop you going full on contractor in an outside IR35 gig next time.

Or even doing two contracts at the same time where one is inside and one is outside - like I do at the moment

**WordIsBond** · 3 December 2015, 07:29

The answer to the question is another question -- what changed?

**BolshieBastard** · 3 December 2015, 07:48

Originally posted by crazyman1979 View Post

Hi

New to the forum.

Last april I quit my permie job and was offered a decent rate to stay on as a contractor - I used to be a contractor in the early 2000's and always fancied getting back into it, so I jumped at the chance when my new role kind of fell through.

I phoned up an agency and they took me on for a 5% fee, all has been well and i have just had an offer to stay for another 6 months but on the condition that I ditch the agency as my company has had all sorts of problems with them.

So I'm thinking of going direct to the client and will get the 5% fee back in my pocket - I always assumed because I worked as a permie for the same company in the same role that I'm always going to be inside IR35 - however I have heard some advice that going direct could get me away from this.

What are my chances of getting out of this IR35 zone if I go direct to client?

Much Love

R.

LOL!

You've got bob hope and no hope. Take your pick!

**crazyman1979** · 3 December 2015, 09:12

I do have a second contract which is outside IR35 and will hopefully be moving over to that full time once this one finishes, so looks like this one will be staying inside IR35

Thanks for the advice!

Am i really inside Ir35