Advice - going back perm after years of contracting Advice - going back perm after years of contracting - Page 3
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  1. #21

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    Quote Originally Posted by PTP View Post
    IR35 Friendly CV

    One item defence? What you talking about?
    You should know that an assessment looks at the full picture and the CV is just one element
    It’s an opinion piece, written by an individual who charges for CV writing.
    There is nothing in the IR35 legislation, or any other employment law definition that covers a CV.
    There is no, to my my knowledge, case law where a CV has been used to determine.

    I am not suggesting a ‘one item defence’. Each piece of evidence is considered on it’s own merits, and a CV is just not a piece of evidence with any relation.
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  2. #22

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    Quote Originally Posted by PTP View Post
    IR35 Friendly CV

    One item defence? What you talking about?
    You should know that an assessment looks at the full picture and the CV is just one element
    I don't wish to be rude to the guy that wrote that article but it looks like a load of rubbish to me. If that's not just a very thinly veiled attempt to jump on the IR35 scare bandwagon to self promote I don't know what is.

    Do you notice in the first two paragraphs all he goes on about is accountants recommending this and that? Accountants? Really?

    Filter through the rubbish at the beginning and the article it starts talking about STAR CV's and the IR35 scaremongering all but disappears and they talk about a different style of CV which could be a lot more believable and then at the end they push their services in the bold bit at the bottom.

    I can't remember a single IR35 article that talks about CV's being part of your IR35 defense. IR35 is on a contract by contract basis so how can the CV make a difference? They don't look at past gigs when they start an investigation. You could be running two contracts in parallel, one in, one out. The inside one has absolutely no bearing on the outside one so how can your history?

    The CV is written for a very specific audience and it's well known we, and anyone with any sense tailors them to send the right message to your audience i.e. your prospective client. It doesn't document they work style at past clients. It's a document of information that tells your new client you can do the job. Nothing more. No way can HMRC even attempt to bring that in as evidence.

    Everyone of those bullets in the article falls over by the end of the first sentence. Just scaremongering to get you caught up on the STAR CV and ultimately spend your money with them. Wish I'd seen this when it was published.

    Just rubbish.
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  3. #23

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    Just add “OPTED OUT OF IR35” to the top of your CV simples.

  4. #24

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    Quote Originally Posted by northernladuk View Post
    IR35 is on a contract by contract basis
    That is what we are told but then HMRC lose court cases where people have proven their time is not controlled by one client, as with the recent Kay Adams case mentioned elsewhere.

    Being in business of her own account – so much so that the BBC did not have ‘first call’ on her time; and being distinctive from BBC staff, helped judge Tony Beare reach his decision.
    So while 'the rules are the rules' they are arbitrarily used by both HMRC and judges to come up with a determination and it is more like a lottery than a clear and fair process that determines which side of the outcome you end up on.

    If the CV as a formal document can provide evidence of multiple overlapping contracts, or other business activities alongside a contract it may help win a case, subject to whatever bod at HMRC and subsequent judge it gets put in front of. I wouldn't tailor the CV for any purpose other than gaining work but at the same time it is a recognised timeline of relevant activities that further more substantial evidence can be gathered to support.
    Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

  5. #25

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    Quote Originally Posted by Hobosapien View Post
    That is what we are told but then HMRC lose court cases where people have proven their time is not controlled by one client, as with the recent Kay Adams case mentioned elsewhere.


    If time is not controlled by the client then SDC cannot be in force.
    The fact that there is another contract in place is evidence of the lack of control but not a slam dunk IMO.

    Not that a CV has anything to do with it as you’d need to provide actual contracts as evidence. And without contract B having SDC to demand your time I can’t see it being anything other than a mild indicator, if even that.
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