IR35 and client's canteen IR35 and client's canteen
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  1. #1

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    Default IR35 and client's canteen

    I have been told the lunches in the canteen are partly subsidised by the clientco. So to protect my IR35 status I just go to supermarket and buy my lunch there. Is this the reasonable precaution or am I worrying too much?

  2. #2

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    It depends. If it's the only food on site, there's not much you can do. I'm not sure you're meant to inconvenience yourself like that. Are there other ways that they differentiate between contractors and perms that you can gather evidence on?
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  3. #3

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    You're probably being over cautious. If the canteen was meant to be exclusively for staff, then I'd be concerned, but if, for example, other suppliers or clients who are on site can use it then it shouldn't be a problem.

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    We don't have nearly enough information.

    Does the client direct and control what you eat or can you choose from a menu or even order off menu? Do you have the right to substitute salad for vegetables with a main course? Are you obliged to eat there every day or can you decide to eat elsewhere at your discretion? Is the client obliged to provide food every day?
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    Do other suppliers/visitors use the canteen? If so, there isn't a problem.

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    I wouldn't worry about this - seems a bit overkill IMHO.
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  7. #7

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    You're overthinking this.

    If the client was telling you you had to use it and we're not allowed to leave the site to get lunch elsewhere then that might be an issue.

    Do you also avoid using their tea and coffee facilities? Biscuits? Do you pop to the nearest pub to use their toilet instead of the subsidised on-site facilities?

  8. #8

    Respect my authoritah!

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    Newbie - in the professional forums. Take it easy.
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  9. #9

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    Quote Originally Posted by Criticular View Post
    I have been told the lunches in the canteen are partly subsidised by the clientco. So to protect my IR35 status I just go to supermarket and buy my lunch there. Is this the reasonable precaution or am I worrying too much?
    How do you know that the supermarket you are buying from is not in any way directly or indirectly connected to your client company, and hence keeping the same IR35 risk as_is for you?

    Jokes aside - as long as you are not using a canteen that is exclusively for staff only, then you should be fine.

    if taxman wants to get you done for IR35 then there is nothing in the world that can stop them doing that. They don't have to go after where you are having you coffee every now and then.

    Ensure you collect evidence to prove that you are a businessman there, and you have your authority as a ltd company business, and consult them, rather than work for them.

    Imagine if HMRC hired a contractor, and they took him to their free coffee in their canteen to just have some informal chats in between the work... And the contractor says oh no I have to buy my coffee from the Starbucks outside, so please excuse me (since I want to protect my ir35 status) and I will be back in half hour!
    This is not going to clearly work - would it, in real life.?
    They do understand this too.

    I know the tax people are a totally different breed, but they do have some common sense left too... So don't worry. Be pragmatic, and run your business like business.
    Last edited by Milkyway; 31st August 2016 at 19:54.

  10. #10

    Richer than sasguru

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    Quote Originally Posted by TheCyclingProgrammer View Post
    Do you pop to the nearest pub to use their toilet instead of the subsidised on-site facilities?
    Three-and-a-half years, two extensions, seven defections, 21 deselections, three prime ministers, countless amendments, two prorogations, one Supreme Court judgement, 66 million Brits losing the will to live and were still at square one...

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