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Is this a breaching the contract by the agency and company I work for?

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    #11
    Declare yourself immediately inside IR35, so that at least current and future tax liabilities are dealt with. Yes an Umbrella would take care of that, but you can also do it yourself, ask your accountant how
    And like others said get TLC35 from QDOS as well

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      #12
      The thing is that the agency arranged the limited company to be set up for me
      Oh dear or dear. As a director you have legal responsibilities for your company. Letting agents set them up for you isn't a good start. Kinda reap what you sow from here on in.

      They didn't advise umberella or anything else
      It's not their job to advise you because you can't or won't research it. It's your money. Why are you leaving it to someone else. I have a feeling the agent is probably screwing you over something shocking to add to your woe's.

      (btw would imbrella solve the problem?).
      Yep. They will handle the contract and pay and everything else for you so no stress. All you do is turn up to work. No IR35 issues or anything.

      Now I am stressed that I will have to pay the tax for my previous contracts (HMRC has right to investigate 6 years back, even if the company has been closed, right?). I started reading about contractor rights and IR35 this year.
      Far too little, far too late.

      Is there anything I can do to protect myself knowing, that I was supposed to work with one project and deliver it, while my client was expecting me to do more having my agency's blessing? I have emails which confirm all of this.
      Pray.

      I wasn't aware of my rights, I didn't have knowledge about the law and I had to rely on my agency,
      Difficult to have any sympathy for your situation then really.

      If I have to pay the full tax - fine, I will, but I believe my agency and client together should be responsible for what they have been doing too
      Nope. It's your responsibility as it's your company and you have a legal responsibility to do it properly.

      Do you have an accountant??

      Go brolly or permie. LTD company contracting just isn't for you.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #13
        Is this a breaching the contract by the agency and company I work for?

        Originally posted by Esp View Post
        If I have to pay the full tax - fine, I will, but I believe my agency and client together should be responsible for what they have been doing too.
        Assuming you are in the private sector then your IR35 status and associated tax liability is wholly your responsibility.

        It doesn’t mean they haven’t screwed you over. They may well have. But ultimately you have the responsibility to know and act within legislation.

        Edit NLUK already covered this.

        Comment


          #14
          Originally posted by Lance View Post
          If you are investigated and the information you've provided here is found by HMRC you will be found inside.
          Without knowing the situation around right of substitution and mutuality of obligation, it is impossible to get an accurate indication of IR35 status.
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            #15
            Originally posted by TheFaQQer View Post
            Without knowing the situation around right of substitution and mutuality of obligation, it is impossible to get an accurate indication of IR35 status.
            The OP has already accepted MOO by doing everything they ask IMO.
            And ROS is considered a sham unless proven.

            So I standby my assertion that it's slam-dunk inside.
            See You Next Tuesday

            Comment


              #16
              Originally posted by TheFaQQer View Post
              Without knowing the situation around right of substitution and mutuality of obligation, it is impossible to get an accurate indication of IR35 status.
              Usually yes but look at this one. OP doesn't have a foggiest, christ knows what is in the contract but whatever it is has been superceded by working practices. The OP obviously isn't a contractor so those WPs will fail left right and center.

              If this one is defendable then its no wonder the govt sees IR35 as a joke and is out to get rid of it.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #17
                Hello.

                I understand I am inside IR35, let’s move on. My agreement and contract was supposed to be for one project. When company breached the contract and involved me in other things statitng that it is alright, I contacted the agency askingfor help. The agency said they were right and my client had right to involve me in additional things.

                After two years situation has repeated. My question was can I take the legal action against the agency which lied and provided me misleading information about my role (which I have on paper) stating that if I have a contract to do the project X the client can assign me to plenty of another projects.
                Last edited by Esp; 9 February 2018, 18:20.

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                  #18
                  Is this a breaching the contract by the agency and company I work for?

                  From what you have said so far - No

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                    #19
                    So you are saying that I got a contract to do the project, client said I was hired to do more. I contacted the agency to clarify that and they told me client was right. I let it go.
                    After 2 years the same situation and agency says what I copied that client can move to another projects whenever there is a need to do that which is not the thruth. Besides client didn’t move me to another project but gave me more projects to do. And because of that the nature of my task has changed and I am now inside IR35.
                    Really is that normal? I’m speachless then.
                    It means agencies can do whtever then want and can never be sued. I disagree there is no base to take the legal action rspecially that I asked the agency to clarify the task on two occasions and they didn’t.

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                      #20
                      I guess you're not a native English speaker? When you say "predict", I assume that's "predicate". I think that's perhaps why there's some difficulty in understanding your situation.

                      Give the facts as I understand them, if you are financially ok at the moment, you should quit. The agency and client are most likely exploiting you. Once you've quit, find another contract with a decent client.

                      Don't worry about the agency blacklisting you or anything. They won't. They'll threaten all kinds of things, and then if they can make money out of you, they'll be your best buddy.

                      You'll get nowhere suing an agency, but you can always tell them to **** off - notice periods notwithstanding.

                      In the meantime, read this site, first timer guides etc., and get yourself educated about what contracting is about.
                      Down with racism. Long live miscegenation!

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