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Sebast1aan
17th March 2005, 22:17
I'm setting up a Ltd in the UK (I'm Dutch) and plan to move from the Netherlands to the UK. Now I've been reading up on IR35, but it's still not 100% clear to me if I would fall in the IR35 trap or not.

What I plan to do and what I have done for years in the Netherlands with the Dutch equivalent of a Ltd is to work through agencies. Never directly for a customer. Normally I would have 4 - 5 customers a year. From those 1 - 2 would be long term contracts (at least 3 months full time). The others would be a couple of days, 2 weeks at the most.

Would IR35 apply to me?

malvolio
18th March 2005, 00:19
Who knows. If it was that simple, it wouldn't be a problem! The whole thing is a bit of a mess really.

Best bet is to wade through the PCG, Shout99 and other websites who have a stack of information on how IR35 works. However, you quite possibly won't be any clearer at the end of it.

Basically the IR ignore all the various intermediate companies (yours and the agencies) and ask the question "Are you an employee of the end client?". Do you do what you're told to do, do you have to turn up to be paid, do they have to pay you if you do turn up and there's no work, do you have a specific thing to do, blah-di-blah-di-blah. But working direct is a good anti-IR35 pointer, especially if you have a Purchase Order rather than a contract.