Yet another agent that doesn’t understand IR35? Yet another agent that doesn’t understand IR35?
Posts 1 to 9 of 9
  1. #1

    Contractor Among Contractors

    b0redom's Avatar
    Join Date
    Jun 2007
    Posts
    1,306

    Default Yet another agent that doesn’t understand IR35?

    Anyone see this before from an agent?

    “The role has been deemed off of payroll worker legislation which essentially means the IR35 determination comes down to you and your own Ltd Company.”

    It’s for a SC cleared, so presumably public sector gig.

    I think the agent is talking bollocks. Isn’t the whole point of IR35 reform that the engaged owns the risk/judgement?
    And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

  2. #2

    Fingers like lightning


    Join Date
    Jul 2005
    Posts
    609

    Default

    Outside IR35 public Sector gigs do exist.

    So you may need to ask more questions of the agent before determining his knowledge or lack thereof. Is your question whether a Public Sector gig Can be outside or, if the Public Sector will leave the determination to you? If the former, then they exist. If the latter, the determination is made on the client side.

    IMO.

  3. #3

    Super poster

    Lance's Avatar
    Join Date
    Sep 2013
    Location
    home
    Posts
    4,183

    Default

    Quote Originally Posted by b0redom View Post
    Anyone see this before from an agent?

    “The role has been deemed off of payroll worker legislation which essentially means the IR35 determination comes down to you and your own Ltd Company.”

    It’s for a SC cleared, so presumably public sector gig.

    I think the agent is talking bollocks. Isn’t the whole point of IR35 reform that the engaged owns the risk/judgement?
    I think you are talking bollocks (no offence).

    If the determination is up to you (and your LTD.) then it is NOT public sector.




    If the gig sounds good then apply and treat it with the normal due dilligence you'd do for any gig. What they are saying is they'll pay you your full daily rate, plus VAT, rather than out you through the payroll.
    Last edited by Lance; 23rd October 2019 at 08:54.
    See You Next Tuesday

  4. #4

    Contractor Among Contractors


    Join Date
    Jun 2014
    Posts
    1,810

    Default

    The wording is odd, but playing devil's advocate, there are still private sector SC cleared jobs and if the client has low turnover it might not be affected by the changes next year.

  5. #5

    Contractor Among Contractors

    CheeseSlice's Avatar
    Join Date
    Mar 2009
    Location
    Melting on your hamburger
    Posts
    1,762

    Default

    Quote Originally Posted by sal View Post
    The wording is odd, but playing devil's advocate, there are still private sector SC cleared jobs and if the client has low turnover it might not be affected by the changes next year.
    I guess that the public sector is involved somewhere, just indirectly.

    Could be a consultancy or other supplier to the public sector.

  6. #6

    Contractor Among Contractors

    b0redom's Avatar
    Join Date
    Jun 2007
    Posts
    1,306

    Default

    Quote Originally Posted by Lance View Post
    I think you are talking bollocks (no offence).

    If the determination is up to you (and your LTD.) then it is NOT public sector.
    Ah didn't think of that, could be a vendor selling in to a public sector org I guess.
    And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

  7. #7

    Nervous Newbie


    Join Date
    Apr 2012
    Posts
    5

    Default

    Quote Originally Posted by simes View Post
    Outside IR35 public Sector gigs do exist.

    So you may need to ask more questions of the agent before determining his knowledge or lack thereof. Is your question whether a Public Sector gig Can be outside or, if the Public Sector will leave the determination to you? If the former, then they exist. If the latter, the determination is made on the client side.

    IMO.
    I'm on such a contract with a University , I work 4 days from home on a Project specific contract

  8. #8

    More time posting than coding


    Join Date
    Mar 2007
    Posts
    218

    Default

    Not all public sector sc are inside. Year at boe outside

  9. #9

    Contractor Among Contractors

    b0redom's Avatar
    Join Date
    Jun 2007
    Posts
    1,306

    Default

    Quote Originally Posted by Anonimouse View Post
    Not all public sector sc are inside. Year at boe outside
    Yes I appeciate that. I have a mate who was onsite at HMRC and was deemed outside IR35. It’s more the self determination of IR35 status.
    And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •