Help on IR35

[Aki]

Hi

Please can someone help me oout

For the same firm,
I started contracting 3-4yrs ago, place of work Norwich
18 months ago, I became permanent, place of work London
1 month ago, I became a contractor again, place of work Sutton

Do I fall under IR35 ?

Thanks
VJ

[Fred Bloggs]

The locations have nothing to do with IR35.

[Clare@InTouch]

As Fred says, the location is not important. It's the working conditions that matter. Have you had the contract reviewed?

[LisaContractorUmbrella]

Welcome Aki

As the others have said your location has nothing to do with IR35, it depends on your working practises:

Are you under the supervision, direction and control of the client
Could you provide a substitute if you were unable to attend the contract for any reason
Do you have to provide your own equipment
Do you or the client have to give notice to terminate the contract
Do you have set working hours
Are there permanent employees at the site doing the same job as you

etc etc

The answers to the above (and other) questions will determine your IR35 status and you should also be aware that the wording in the contract is not enough, you need to be able to prove that the contract is an accurate reflection of your working practises.

HTH

[DaveB]

Hi

Please can someone help me oout

For the same firm,
I started contracting 3-4yrs ago, place of work Norwich
18 months ago, I became permanent, place of work London
1 month ago, I became a contractor again, place of work Sutton

Do I fall under IR35 ?

Thanks
VJ

Location is irrelevent. It is the job you are doing and the condictions under which you are doing it that matter.

Up until a month ago IR35 did not apply.

Assuming your original contract was properly compliant with the regs. then you would be outside IR35 in that contract.

As a permie IR35 is irrelevent, you are paying tax on PAYE anyway.

However, if you are now doing the same job, for the same company as a contractor as you were doing as a permie then you will be caught by IR35 regardless of what your contract says.

This assumes you are contracting through your own LTd and not an Umbrella. If you are using an Umbrella then IR35 is irrelevent as you are paying tax under PAYE anyway.

[misscontractor]

I'm fairly new to freelancing, which is why I've come on here to read some advice from people that have been doing it a bit longer. I did find this IR35 guide while doing some research. Not sure if it will be of any use to you?

[malvolio]

I'm fairly new to freelancing, which is why I've come on here to read some advice from people that have been doing it a bit longer. I did find this IR35 guide while doing some research. Not sure if it will be of any use to you?

It is, but not as useful as Home | PCG Download the Guide to Freelancing and study it carefully