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IR35, Umbrellas and HMC&R

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    IR35, Umbrellas and HMC&R

    Okay Guys and Girls

    I have been reading the recent threads with great interest, especially your thoughts on IR35, Ltd Companies and Umbrellas companies.

    5 months ago I was hit with a £16000 tax bill from "Hector" as you all like to call him, due to the fact that I ignored and did not understand the IR35 rules. Even after advice from my agency who told me I was running the risk of being investigated, and that I should look at other solutions, did I still not head the warning. I have for the last 5 months read extensively and throughly the IR35 ruling, I have been keeping upto date with certain cases that are going on in the contract industry in the hope that some ruling, or a case may be won where I can actually challenge "Hector" again and reclaim my hard earned money back.

    My advice to you all, do not set up your own limited company, this is exactly why the IR swooped all over me, Minimum Wage/Dividends, Salary/Dividends are going to come back to haunt us all. There is a case going on at the moment called the "Artic Case", where the IR have challenged a Husband and Wife, who were claiming Salary/Dividends They have already lost twice and it is a forgone conclusion that the IR will win. My advice to anyone who is out there currently getting S/D or MW/D, is to change and change now.

    I have been in IT for 15 years, and I have not been working for the last 8 months, I have in the last 4 weeks just gone back to work. I have investigated every possible angle and avenue to get the very highest return on my income. You will find that most contracts fall Inside IR35, unless you are working with your own materials, on a fixed cost project, and you have a Right to Substitution (although is effectively a death blow, as really no client is going to agree to you sending someone else in your place if they have no knowledge of there pedigree), and this can automatically kill your self employed status stone dead.

    I am now very reluctantly joining an Umbrella/Payment Solution company and now that my knowledge of IR35 is on par with the employees of the Inland Revenue, I have an excellent head start into choosing the best one. I have so far investigated nearly 15 companies. I have been amazed at how companies such as Giant, JSA, SJD, Brooksons, ICS, Orange & Gold, Orange Genie still offer contractors Salary and Dividends, knowing that any minute now this could effectively blow up in our faces. My advice DO NOT use these Umbrellas. Then we have our P4 friends, how they maintain to be a business is beyond me, there solution is a low return, badly run, rude and offensive policy, there hidden small print really should be appauled for the absolute cheek of it.

    To date I have been left with 2 companies called Parasol IT and No Longer Limited. Both offer absolute watertight solutions in respect to IR35, both give good returns on our salary and both are a far safer and better solution then starting your own Ltd Company, S/D, MW/D, Offshore accounts etc.......

    Hector is out to get us all, and I am conclusive proof that this is the case, I was bitten and bitten hard, and it has taken me a long period of time to deal with this, probably 2 years in total, and I lost, I lost legal fees, my own money, the contract I was working at the time, all in al it has probably cost me the best part of £30,000 out of my pocket.

    There are Umbrella's out there who much as I begrudge saying it, do offer us a good and legal service. I would never have my own limited company again for the sake of paying £30-£40 a week, I suggest you all don't too.
    I am the bible of IR35 and HMC&R

    #2
    Since you’re an expert, could you explain how paying £30-40 a week to an umbrella leaves you better off than running you own Ltd company inside IR35?

    You’ve not fallen for the expenses con have you?

    Incidentally, the Arctic case has nothing to do with IR35.

    Comment


      #3
      Absolute Water tight solution

      Listening to the voice of experience, and having previously raised the point on IR35 proof schemes it somewhat comes as a surprise that the recommendation of using Parasol or Nolonger has been put forward in such an unequivocal way.

      Having looked at both these organisations and many more, I discussed with these agents as to why I needed to have the various insurances to cover me if they had a water tight solution. To which the reply was 'just in case, you never know'.

      If any of these organisations are able to offer us a 'absolute watertight solution' then why is it necessary to have such insurance cover. What do they know that they are not telling us.

      Comment


        #4
        Plan TIT

        The Artic Case has nothing to do with IR35?? Do you know anything about IR35??, it has everything to do with it, and the outcome will have a substatial bearing on it. The IR are quashing the Ltd Company avenue for contractors, that is why they offer you a 5% tax free income to compensate for this. I used to think exactly like you, and I got caught.

        Can I ask a question, you obviously work through your own Ltd Company and are inside IR35, how do you pay yourself???

        If you actually take the time like I have to investigate and look at your options you will find that there are proper umbrella/payment solution companies out there who do not charge you an arm and a leg.

        You lot just happen to be very anti umbrella, and you are actually lacking in the exact knowledge of what is going on regarding IR35, as you clearly think that the Artic Case as no bearing on IR35. Enjoy your investigation!!!!!
        I am the bible of IR35 and HMC&R

        Comment


          #5
          Oh dear!!!

          Comment


            #6
            Bookworm

            When you go away on Holiday you take out travel insurance, that is "Just In Case" you may hurt yourself, lose your luggage etc.......

            NLL and Parasol actually have the most efficient solutions, which are pretty much 99.9% to the procedure the IR wish umbrellas to follow, so their is no risk.
            I am the bible of IR35 and HMC&R

            Comment


              #7
              Really

              If they happen to be operating the procedures that Hector actually wants then why is there so many others out there not doing it the way hector wants. They all want to earn money from us.

              Also I was not aware that Hector had actually given out information on how they wanted Umbrellas etc to operate. If Hector had, then none of us would be having this discussion as every company out there would be compliant.

              Apologies for sounding frustrated but your argument does not sound water tight.

              Comment


                #8
                Originally posted by Contractor Messiah
                The Artic Case has nothing to do with IR35?? Do you know anything about IR35??, it has everything to do with it,
                Maybe you're talking about a different case, but the Arctic case is about S660 Settlement regulations, not IR35 employment status.

                Originally posted by Contractor Messiah
                Can I ask a question, you obviously work through your own Ltd Company and are inside IR35, how do you pay yourself???
                No, I'm outside IR35, with the appropriate legal insurance and a wad of cash in the bank should it all go wrong.

                I have in the past had IR35 fail contracts, and operated a Ltd company paying Deemed Salary as required by IR35. Nothing wrong in that, and I suspect it was probably cheaper than paying some umbrella company £40 a week.

                The IR don’t want to close down the Ltd company route, they want to stop you paying a dividend and not paying NIC on it.

                I’m not anti umbrella, I just think it’s an expensive option, and I object to handing over all my money to a company I know little about in the hope that they will give me some of it back.

                Comment


                  #9
                  Bookworm don't worry that is why you are a beginner

                  Some solution companies do operate loopholes in the 35 ruling, like expense dispentations, how much you can claim for non receiptably etc......

                  When IR35 first came to light the IR put criteria in place that contractors should follow, in the beginning there were many loopholes to get past this, like Salary and Dividends, offshore accounts etc...... They again got savvy to this and hence why the legislation changes more times then Robbie Keane moves football clubs!! But there are also organisations that adhere to the criteria like NLL and Parasol. I also happen to think that paying them £30-40 a month for peace of mind and knowing that everything is above board and okay is a very small price to pay in the scheme of things.

                  Planit says that the Artic Case does not surround Ir35, but S660, well my understanding and knowledge of all of this means that they effectively go hand in hand, and that if it effects one then it will effect another. Unfortunately I was a contractor with no understanding, and now I am on a crusade to advise everyone else to best route to go. There are many cases ongoing at the moment which will change the way we contract as we know it, and it is about raising awareness. If you have a Ltd Company this is the first place the IR are going to look at, and I am proof this does happen.
                  I am the bible of IR35 and HMC&R

                  Comment


                    #10
                    Actually, I use Orange and Gold, and on their MPSC service they insure you 100% against IR investigation.

                    I take MW/dividend and they guarantee that they will defend my case and pay any costs if the IR look into it.

                    Comment

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