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10 Point Plan to Legally Avoid IR35

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    10 Point Plan to Legally Avoid IR35

    Hi all – my first post on here and my first contribution is non other than my 10 Point Plan to legally avoid paying IR35 related taxes when contracting via my own Ltd Co.

    1. Join the PCG. Use the PCGPlus membership which includes Professional Expenses Insurance and PAYE audit cover (Jury Service insurance included to boot). A total of £220+vat per year.

    2. Knock yourself out, contracting away, paying yourself something like the National Minimum Wage and the rest in Dividends.

    3. Forget about IR35.

    4. If, in the unlikely event HMRC should select you for an enquiry at any point in the future (normally via a PAYE audit), start the ball rolling with your PCG insurance. Forget IR35, carry on contracting and let your insurers, legal professionals and the PCG deal with the HMRC.

    5. Your insurers and legal professionals will fight HMRC on your behalf while you sit back, carry on contracting and think of the odds that the HMRC will lose. This is currently running at 1462-6 against them (PCG cases).

    6. The investigation and subsequent fight between the HMRC and the PCG is likely to take several years if the HMRC don’t back down first.

    7. In the unlikely event the HMRC push for an expensive win against your legal professionals, it will most certainly be taking them longer than two years from now. In that time (even before then), there will have been a General Election and Gordon Brown and his cronies who introduced IR35 will have gone. The new Tory government will discover what everyone already knows now, that the cost of enforcing IR35 is far higher than the amounts they get back from it (the government refuse to reveal the costs which tells you everything you need to know). It will therefore be recognised for the government waste that it is. Besides that, the Tories have already been considering scrapping IR35 to support Small Enterprises. There is no doubt in my mind that for various reasons it will be repealed by the Tories quite soon after they come to power.

    8. Any IR35 cases currently under investigation will collapse as the law is changed.

    9. Sit back, carry on paying yourself dividends and forget all about IR35.

    10. Don’t forget to vote Conservative. Even if you hate them it’s an essential part of the plan. And no – I’m not a Conservative party activist before you ask. I just want rid of the current government so that my plan works.

    There you have it. Fire at will – I will be disappointed if you don’t!
    Make your choice. Let the game begin.

    #2
    Joining PCG does NOT make avoiding IR35 anymore possible than having a good accountant.
    I couldn't give two fornicators! Yes, really!

    Comment


      #3
      Originally posted by BolshieBastard View Post
      Joining PCG does NOT make avoiding IR35 anymore possible than having a good accountant.
      No, but it does make it cheaper to fight HMRC when (if) they come after you.
      ‎"See, you think I give a tulip. Wrong. In fact, while you talk, I'm thinking; How can I give less of a tulip? That's why I look interested."

      Comment


        #4
        Originally posted by jigsaw View Post
        Hi all – my first post on here and my first contribution is non other than my 10 Point Plan to legally avoid paying IR35 related taxes when contracting via my own Ltd Co.

        1. Join the PCG. Use the PCGPlus membership which includes Professional Expenses Insurance and PAYE audit cover (Jury Service insurance included to boot). A total of £220+vat per year.

        2. Knock yourself out, contracting away, paying yourself something like the National Minimum Wage and the rest in Dividends.

        3. Forget about IR35.

        4. If, in the unlikely event HMRC should select you for an enquiry at any point in the future (normally via a PAYE audit), start the ball rolling with your PCG insurance. Forget IR35, carry on contracting and let your insurers, legal professionals and the PCG deal with the HMRC.

        5. Your insurers and legal professionals will fight HMRC on your behalf while you sit back, carry on contracting and think of the odds that the HMRC will lose. This is currently running at 1462-6 against them (PCG cases).

        6. The investigation and subsequent fight between the HMRC and the PCG is likely to take several years if the HMRC don’t back down first.

        7. In the unlikely event the HMRC push for an expensive win against your legal professionals, it will most certainly be taking them longer than two years from now. In that time (even before then), there will have been a General Election and Gordon Brown and his cronies who introduced IR35 will have gone. The new Tory government will discover what everyone already knows now, that the cost of enforcing IR35 is far higher than the amounts they get back from it (the government refuse to reveal the costs which tells you everything you need to know). It will therefore be recognised for the government waste that it is. Besides that, the Tories have already been considering scrapping IR35 to support Small Enterprises. There is no doubt in my mind that for various reasons it will be repealed by the Tories quite soon after they come to power.

        8. Any IR35 cases currently under investigation will collapse as the law is changed.

        9. Sit back, carry on paying yourself dividends and forget all about IR35.

        10. Don’t forget to vote Conservative. Even if you hate them it’s an essential part of the plan. And no – I’m not a Conservative party activist before you ask. I just want rid of the current government so that my plan works.

        There you have it. Fire at will – I will be disappointed if you don’t!


        From someone currently going through an IR35 enquiry - this is the biggest load of twaddle I've read on the subject! If this is the sort of level of wisdom you impart I can only feel sorry for your client(s)!

        Comment


          #5
          2 Point Plan to Legally Avoid IR35

          Originally posted by jigsaw View Post
          Hi all – my first post on here and my first contribution is non other than my 10 Point Plan to legally avoid paying IR35 related taxes when contracting via my own Ltd Co.

          1. Join the PCG. Use the PCGPlus membership which includes Professional Expenses Insurance and PAYE audit cover (Jury Service insurance included to boot). A total of £220+vat per year.

          2. Knock yourself out, contracting away, paying yourself something like the National Minimum Wage and the rest in Dividends.

          3. Forget about IR35.

          4. If, in the unlikely event HMRC should select you for an enquiry at any point in the future (normally via a PAYE audit), start the ball rolling with your PCG insurance. Forget IR35, carry on contracting and let your insurers, legal professionals and the PCG deal with the HMRC.

          5. Your insurers and legal professionals will fight HMRC on your behalf while you sit back, carry on contracting and think of the odds that the HMRC will lose. This is currently running at 1462-6 against them (PCG cases).

          6. The investigation and subsequent fight between the HMRC and the PCG is likely to take several years if the HMRC don’t back down first.

          7. In the unlikely event the HMRC push for an expensive win against your legal professionals, it will most certainly be taking them longer than two years from now. In that time (even before then), there will have been a General Election and Gordon Brown and his cronies who introduced IR35 will have gone. The new Tory government will discover what everyone already knows now, that the cost of enforcing IR35 is far higher than the amounts they get back from it (the government refuse to reveal the costs which tells you everything you need to know). It will therefore be recognised for the government waste that it is. Besides that, the Tories have already been considering scrapping IR35 to support Small Enterprises. There is no doubt in my mind that for various reasons it will be repealed by the Tories quite soon after they come to power.

          8. Any IR35 cases currently under investigation will collapse as the law is changed.

          9. Sit back, carry on paying yourself dividends and forget all about IR35.

          10. Don’t forget to vote Conservative. Even if you hate them it’s an essential part of the plan. And no – I’m not a Conservative party activist before you ask. I just want rid of the current government so that my plan works.

          There you have it. Fire at will – I will be disappointed if you don’t!

          1. Join PCG
          2. Stick head in sand and hope it goes away



          Or, recognise that you are probably a disguised employee anyway, go PAYE, get holiday and sick pay, don't hire an accountant, get paid double what the permies do anyway and forget about IR35...
          Don't ask Beaker. He's just another muppet.

          Comment


            #6
            OK, ok, I accept my plan might need some refinement and de-twaddling. It's a first draft. By the way I am not an accountant and sorry if I sounded like one. I am an IT contractor with two concurrent clients and I believe myself to be outside IR35 on both engagements. What the HMRC would believe is obviously a different matter and that's what presents me with the business risk I have.

            I think point 1 is definately ok. It will be a good idea to be insured against all those potential legal fees.

            Point 2 is debatable as to how I split my salary and dividends but I definately get the impression there is a 'radar' level where paying too low a salary will blip me onto a report somewhere.

            Point 3 needs some work. Maybe 'forget' is a bit strong. Head in sand is not quite right either. I think this point should be totally replaced by keeping a good auditable paper trail demonstrating why I think I am outside IR35, my professional contract reviews, etc.

            Point 4. Hmm I have always had the impression a small sample of contractors are selected for review. But if I was selected, I would invoke the insurance of course. Having PAYE audit cover as I understand it directs the HMRC straight to the professionals for round 1 and always has a potential to end there.

            Point 5. Well the PCG do have a good record. However, I am unclear as to the level of involement the contractor has while the legal argument is being fought so I'm not sure what scope there is to 'sit back'. I'm sure somebody could enlighten me about that.

            Point6. I have definately read that these cases do take a long time. Is it really years?

            Points 7-10 I suppose do rely on a few gross asumptions but I do honestly feel there's a high possibility Labour will lose and IR35 will be repealed by the Tories.
            Make your choice. Let the game begin.

            Comment


              #7
              Originally posted by jigsaw View Post
              1. Join the PCG. Use the PCGPlus membership which includes Professional Expenses Insurance and PAYE audit cover (Jury Service insurance included to boot). A total of £220+vat per year.
              Or why not take out QDOS' TLC35 policy, which has all the same Professional Expenses Insurance but also in the event your IR35 case is lost they will pay your taxes, penalties and interest.

              Plus, be warned about the IR35 wins/losses stats. There is the Dragonfly case going through at the moment that might seriously tip the scales in HMRC's favour if it is lost.

              Comment


                #8
                Originally posted by jigsaw View Post
                7. ...The new Tory government will discover what everyone already knows now, that the cost of enforcing IR35 is far higher than the amounts they get back from it (the government refuse to reveal the costs which tells you everything you need to know). It will therefore be recognised for the government waste that it is. Besides that, the Tories have already been considering scrapping IR35 to support Small Enterprises. There is no doubt in my mind that for various reasons it will be repealed by the Tories quite soon after they come to power.
                Funniest thing I've read all week.

                Dream on.

                Comment


                  #9
                  Originally posted by expat View Post
                  Funniest thing I've read all week.

                  Dream on.
                  What are the chances of Labour repealing or going easy on IR35?

                  Answer zero. They truly believe that the only definition of business is very big, very unionised and very keen to donate to New Labour.

                  What are the chances of the Conservatives repealing or going easy on IR35?

                  Answer > zero.


                  You decide where your vote goes and whether you end up with a £30K tax bill and 7 days to pay it in.

                  Comment


                    #10
                    Kudos to the OP for such an outstanding first post!!!
                    Older and ...well, just older!!

                    Comment

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