Agency Threatening To Terminate

[wurzel]

Because I haven't filled in an E101 declaring that I pay NI contributions in the UK. The reason is that I am non resident for tax purposes (have been in Spain most of the year & in Channel Islands at the moment) & will continue to pay in Spain.

What I don't understand is how are my tax affairs any business of the agency? (agency is Spring BTW). Anyone come across this sort of thing before?

[Moscow Mule]

What I don't understand is how are my tax affairs any business of the agency? (agency is Spring BTW). Anyone come across this sort of thing before?

Because, if you work for them direct (which is what I think you said before?) then they are liable for the Tax & NI if you don't pay it.

[wurzel]

Because, if you work for them direct (which is what I think you said before?) then they are liable for the Tax & NI if you don't pay it.

Yes, I'm working through the agency like I've always done in the past - just never had this kind of constraint before though. Guess I'll just have to go with it, accept I'm in IR35 & chuck loads at my co. pension

[Ruse]

Because I haven't filled in an E101 declaring that I pay NI contributions in the UK. The reason is that I am non resident for tax purposes (have been in Spain most of the year & in Channel Islands at the moment) & will continue to pay in Spain.

What I don't understand is how are my tax affairs any business of the agency? (agency is Spring BTW). Anyone come across this sort of thing before?

Spring are absolute scum, they think contractors are something that smell so bad they need to wipe them off the end of their shoes. Their contracts reek and so do they, I for one will never sign one of them again. And as for threats, that is there primary negotaition tactic from what I have seen.

My advice, call their bluff, do you really think they will go to the client and tell them they had to remove someone from site for this reason ?

[Moscow Mule]

Yes, I'm working through the agency like I've always done in the past - just never had this kind of constraint before though. Guess I'll just have to go with it, accept I'm in IR35 & chuck loads at my co. pension

Tell em to do one.

[malvolio]

What's IR35 got to do with it?

What's so difficult about confirming you are obeying UK legislation?

Jeez...

[wurzel]

What's IR35 got to do with it?

What's so difficult about confirming you are obeying UK legislation?

Jeez...

Because I'm non resident for tax purposes in this current year & am therefore not paying UK NI contributions. By filling in this form I am confirming that I am paying UK contributions & I don't want anything coming back to bite me on the ass later on down the line.

[Tarquin Farquhar]

Spring are absolute scum, they think contractors are something that smell so bad they need to wipe them off the end of their shoes. Their contracts reek and so do they, I for one will never sign one of them again. And as for threats, that is there primary negotaition tactic from what I have seen.

My advice, call their bluff, do you really think they will go to the client and tell them they had to remove someone from site for this reason ?

The document from Spring's "compliance department" that you have to sign says that if you do not provide them with an E101 then you accept that they can assign you to an "employer" of their choice. So they don't have to remove you from site, just assign you to an Umbrella with a 20% fee, and leave you to break the contract and thus be sued.

[Tarquin Farquhar]

Because I'm non resident for tax purposes in this current year & am therefore not paying UK NI contributions. By filling in this form I am confirming that I am paying UK contributions & I don't want anything coming back to bite me on the ass later on down the line.

But if you are paying the equivalent in Spain, then you have a right to an E101 from Spain. The point of the E101 is that it establishes that you are paying social contributions somewhere in the EU, so they will not have the authorities coming and biting them later. A Spanish E101 should do.

OTOH if you are not actually paying social contributions anywhere, then you have been rumbled.

[wurzel]

But if you are paying the equivalent in Spain, then you have a right to an E101 from Spain. The point of the E101 is that it establishes that you are paying social contributions somewhere in the EU, so they will not have the authorities coming and biting them later. A Spanish E101 should do.

OTOH if you are not actually paying social contributions anywhere, then you have been rumbled.

OK, thanks - I'll put that to them and see what they say.