Hello,
I was a permanent employee for a company (let us call it A Data Technologies). I have now resigned and started a limited company and have a contract with another company (Let us call it F Financial Institution) unrelated to my original employer.
My previous employer A Data Technologies has now asked me to join them as a contractor for doing some Out of Hours support for a specific client (Let us call this as C Client of A) and this is what the Contract specifies.
Services will be provided to the client at the location listed below:
I would actually not be doing any job for them unless there is a call out. I will, however, get paid Out of Hours standby.
So, my day job is with the new client (F Financial Services) for my limited company but I also have a separate contract with my original employer.
Now, I have the following questions.
Thanks in advance for your help and assistance in this regard.
I was a permanent employee for a company (let us call it A Data Technologies). I have now resigned and started a limited company and have a contract with another company (Let us call it F Financial Institution) unrelated to my original employer.
My previous employer A Data Technologies has now asked me to join them as a contractor for doing some Out of Hours support for a specific client (Let us call this as C Client of A) and this is what the Contract specifies.
Services will be provided to the client at the location listed below:
- Client Name: C Client of A
- Location of Services: Client site
I would actually not be doing any job for them unless there is a call out. I will, however, get paid Out of Hours standby.
So, my day job is with the new client (F Financial Services) for my limited company but I also have a separate contract with my original employer.
Now, I have the following questions.
- I am pretty sure that this is a red flag as far as HMRC is concerned and I will be classified as being inside IR35 as it is literally a case of finishing on Friday and starting on Monday. Is that correct?
- If so, can I ask my original employer to mark their contract as inside IR35 and pay taxes accordingly while still working for the other company (F Financial Services) as outside IR35?
Thanks in advance for your help and assistance in this regard.
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