P35 Question 6

[moorfield]

Poll to follow, following some discussion yesterday I'm interested to see how the forums stats look on this.

The P35 questions in full are:

1. Are you a service company ?

2. Have you operated the intermediaries legislation ?

[SueEllen]

My accountant has done it for me and the answer is No/No.

[Pickle2]

Have the PCG issued some offical advice on this yet? Other than member ramblings in a 20 page forum post. And if not, why not!?

My 2 cents is you either answer yes/yes if you are IR35 caught, or no/no if you are not.

yes/no to me says "yes I am likely IR35 caught but no I have not bothered to operate the legeslation to pay a deemed salary" and imho will act as big flashing red light to hector.

but then im not an accoutant. This is really an issue that the PCG should show some leadership on. I hope they do.

[moorfield]

Not intended to start another rambling thread, just a snapshot of people's views based on their interpretation of their own situation / attitude to risk re Hector / gut feel etc. etc.

[BrilloPad]

where is the andyw option?

[moorfield]

where is the andyw option?

Yawn. The andyw option is becoming a tedious in joke that needs to be at best retired or at worst kept to general / light relief stuff.

[ctdctd]

I'm going to wait a couple of weeks and then re-read the threads to see what everyone else has put. Sorry - bit of a cop out!

Yes / No seems to be the answer they want but as far as I can see Yes for the first could apply to most small companies who mainly invoice time including the plumber or the gardener?

[BrilloPad]

Yawn. The andyw option is becoming a tedious in joke that needs to be at best retired or at worst kept to general / light relief stuff.

contraversial...

[moorfield]

contraversial...

Someone needs to be! Maybe we should have a poll on that too.

[malvolio]

Have the PCG issued some offical advice on this yet? Other than member ramblings in a 20 page forum post. And if not, why not!?

......

They can't, to put it simply. The wording and underlying intentions are so unclear that if the PCG reccomend a given answer and that answer is subsequently shown to be in breach of the law, they (and their directors) would be liable. All they can realistically do is present the arguments clearly and concisely.

FWIW my own opinion (emphatically not the PCG's but based on their research and other sources such as Accountancy Age), would be Yes/No. The risk, IMVHO, is that No/No deliberately mis-states your status as a Service Company (as defined by the SA form in its various incarnations, some of which seem to be different from each other...) and that is illegal: you are required to answer all questions on the SA form truthfully. It is a slight risk, whether or not you wish to take it is up to you.

And I think that's as close as anyone can get to a definitive answer