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Can anyone help a contracting beginner?

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    Can anyone help a contracting beginner?

    I will soon leave my current employer and will be signing a contract with them to deliver training services to them in the future.

    I am confused however as to how I should do this.

    Should I sign a contract where they (Company X) contract me Joe Bloggs, of JB Consulting Ltd, to deliver these services.

    or...

    Should they (Company X) sign a contract with my company JB Consulting Ltd for the provision of the same services?

    What is the difference? And does it matter?

    Can anyone help?

    Thanks in advance for your help,

    Robbie.

    #2
    A contract is a contract. If you provide it, you'll likely have more control over the terms of the contract - assuming they're willing to take this approach. If they provide it, you'll have less control over the terms of the contract.

    Either way, you're going to have fun persuading Gordo that you're outside IR35 if he comes knocking.

    Comment


      #3
      There is (slightly) more chance of being outside IR35 if your own company contracts with the customer. Never a good idea to have a contract in your own personal name and preferably your own name shouldn't even be in the contract at all if you hope to be outside IR35.

      Comment


        #4
        why does everything have to get turned into an IR35 question around here? Talk about the tax tail wagging the business dog.

        Best for their company to have a contract with your company, and not mention you by name. It's easier to keep limited liability, you get the option to expand the contract and sell them more people etc. And yes, if you must, what WHA says about IR35 is true too.

        Comment


          #5
          ...and make sure you behave differently when you're on site compared to how you used to behave as a permie. eg. keep a professional B2B distance between you and the client and don't get drawn into permie habits and perks. This is what gives you control. In my opinion.
          It's my opinion and I'm entitled to it. www.areyoupopular.mobi

          Comment


            #6
            Originally posted by thunderlizard
            why does everything have to get turned into an IR35 question around here? Talk about the tax tail wagging the business dog.
            Because this is precisely the scenario IR35 was intended to stop happening? Why should the supplier get a big tax break ad the client be absolved from a whole pile of legal responsibilities just becuase they've pretended to re-hire an ex-employee on a different basis.

            [/devils advocate mode OFF...

            Incidentally, avoiding making a false tax-status declaration by your business is a pretty good reason to make sure you understand the tax position properly.
            Blog? What blog...?

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