Originally posted by northernladuk
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Little thing called IR35 and being part and parcel of the org... Some people ignore it and carry on regardless, others will see the impending IR35 problem, decide their time is up and goes find other work. So the purpose of IR35 is to handicap clients so that they can't keep good suppliers for a long time? Seems strange. So if I was producing snickers bars and selling them to a shop then that shop could only use my services for so long before I am an employee?
Could it still be done by a permie as an ongoing role though. The ability of the perms won't be a question in an investigation. Nobody is irreplacable but they would struggle to get a permie to do what I am doing. They would need another contractor.
So a bit like agile. Difficult to argue that's different from how anyone in an agile programme works and what a permie does without much more detail. This type of work is an ever expanding grey area for IR35. We argue it's small chunck of specialised work, HMRC argue it's just ongoing tasks given by an employer to an employee.
Contract is irrelevant in a case like this TBH. Getting enough tasks sounds very much like D&C and and I'll bet MoO is a problem as well, particularly if you end up billing for more than the work done. Might be difficult in an investigation you were brought in to deliver a product and then leave when the role just goes on and on until the it doesn't. Don't know enough to say if you've an issue here or not. I don't understand what you mean by billing for more work than done? I log my hours against each deliverable and that's what I bill.
But they see you as a common component of that service and a defacto go to. You are embeded with the piece of work as a permie would be? Are you part of the fabric of the programme or a specialised entity and do the client understand that an treat you as one. Part and parcel is about becoming one with the client kind of. Both sides getting too comfortable. I am the guy who performs certain tasks every so often but they are technical tasks which only I have the skills and knowledge to do.
If that's the case then I think you are fine. Just keep doing your diligence and carry on.
Could it still be done by a permie as an ongoing role though. The ability of the perms won't be a question in an investigation. Nobody is irreplacable but they would struggle to get a permie to do what I am doing. They would need another contractor.
So a bit like agile. Difficult to argue that's different from how anyone in an agile programme works and what a permie does without much more detail. This type of work is an ever expanding grey area for IR35. We argue it's small chunck of specialised work, HMRC argue it's just ongoing tasks given by an employer to an employee.
Contract is irrelevant in a case like this TBH. Getting enough tasks sounds very much like D&C and and I'll bet MoO is a problem as well, particularly if you end up billing for more than the work done. Might be difficult in an investigation you were brought in to deliver a product and then leave when the role just goes on and on until the it doesn't. Don't know enough to say if you've an issue here or not. I don't understand what you mean by billing for more work than done? I log my hours against each deliverable and that's what I bill.
But they see you as a common component of that service and a defacto go to. You are embeded with the piece of work as a permie would be? Are you part of the fabric of the programme or a specialised entity and do the client understand that an treat you as one. Part and parcel is about becoming one with the client kind of. Both sides getting too comfortable. I am the guy who performs certain tasks every so often but they are technical tasks which only I have the skills and knowledge to do.
If that's the case then I think you are fine. Just keep doing your diligence and carry on.
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