IR35, applicability

[Joeo]

I work in IT permanent staff with a company for many years. A significant portion of the business is being sold and staff tuped.
I am retiring prior to the tupe.
There has been a discussion about me contracting in the future, perhaps near future.

I am likely to fall inside IR35? I have never worked for the new owners, but my old job would have been tuped to them.

[ladymuck]

Will you be doing the same job as current/tuped?

What will your working practises be?

[northernladuk]

If you are doing the same role you'll be seen as a Friday to Monday contractor so will be very difficult to prove you are outside. Doesn't matter really who the company is, old or new.

[Lance]

retire. Leave it a few months. Contract to them if you wish but make sure that it's not 'just the same job'.
You want specific pieces of work, probably project related, and stick to them.

And read all the links to the side to make sure you understand all the ins and outs.

[LondonManc]

If the commute is easy, the expenses are low and the rate is good, why not go for it?
Just because a contract is inside IR35, it shouldn't mean that you should avoid it - it doesn't put all future contracts inside IR35 for example.
Think of what would be your contract rate, add 30% to it and see what they say.