Act of client sounding you out for a permanent role - IR35 issue?

[7specialgems]

If you perform well in your contract and the client likes you/badgers you to go perm, is that inherently an IR35 problem?

Concerned that this illustrates that the role is longer/perhaps never truly was supplementary and contingent, and starting to wonder if when this sort of thing happens, its a point in the negative column for IR35 and a sign it might be time for something new.

Possibly overthinking it.

[northernladuk]

I'm sorry but this is back to IR35 101. The whole concept of IR35 is around contractors doing roles a permanent employee should be doing and being taxed to suit.

There have been plenty of discussion about the comparisons of the two roles and all the intricacies around it.

Using Google to search forums for the term contract to perm will bring back a good mumber of threads on this topic. All with exactly the same advice and things to consider.

In a nutshell if you just switch remuneration methods and carry on doing the same job your are stuffed IR35 wise.

If you switch but your working practices change sufficiently you are likely to win (but not avoid) an investigation. If you don't understand the whole situation its not going to help matters though.

If its a new role and the need has grown from your work that no perm does or has needed to then you are fine.

There is the other thinking that you just take it, whatever the situation, shut the company down and hope all your problems die with the company.

Reading between the lines you are either the first, possibly the second scenario but the devil is in the details.

Google search method is described in the FAQ section.

I'd suggest you really understand this as it's going to hit very hard in the next 6 months.