Can remote work be the silver bullet for outside IR35?

[vwdan]

I do, and it is not irrelevant question. So my answer is correct.

You should have answered "Not relevant, it is highly skilled work". If you answer untruthfully and ignore the guidance then you can get the CEST tool to make any determination you like, but it won't stand up will it now.

[eek]

Thanks captain obvious.
And how is this form filled by the client going to differ when they fill in the same answers?
Yes, the one with the rented office too.

The client won't answer it that way - they will say a desk is available here with meeting rooms when required. And yes the client could answer it the way you want but that will rapidly create a tax tribunal case (if case law doesn't exist which I think it does) where HMRC will win and ask for every contractor to be taken into account.

I know you think you've found a solution - the issue is that everyone else on here is now sure they've identified another to mock.

[anim]

You should have answered "Not relevant, it is highly skilled work". If you answer untruthfully and ignore the guidance then you can get the CEST tool to make any determination you like, but it won't stand up will it now.

For the sake of it I did.
Still outside.
It seems renting office for the project is enough to be outside.

Off-payroll working rules (IR35) do not apply

Who are you?

Hirer

Does the worker provide their services through a limited company, partnership or unincorporated association?

Yes

Has the worker already started working for your organisation?

Yes

2. Worker’s duties
Will the worker be an ‘Office Holder’?

No

3. Substitutes and helpers
Has the worker ever sent a substitute to do this work?

No, it has not happened

Do you have the right to reject a substitute?

Yes

Has the worker paid another person to do a significant amount of this work?

No

4. Working arrangements
Does your organisation have the right to move the worker from the task they originally agreed to do?

No, that would require a new contract or formal working arrangement

Does your organisation have the right to decide how the work is done

Not relevant, it is highly skilled work

Does your organisation have the right to decide the worker’s working hours?

No, your organisation and the worker agree

Does your organisation have the right to decide where the worker does the work?

Yes

Page 2 of 4

HM Revenue & Customs
HM Revenue & Customs
Check Employment Status for Tax
What you told us
5. Worker’s financial risk
Will the worker have to buy equipment before your organisation pays them?

No

Will the worker have to fund any vehicle costs before your organisation pays them?

No

Will the worker have to buy materials before your organisation pays them?

No

Will the worker have to fund any other costs before your organisation pays them?

Yes

How will the worker be paid for this work?

An hourly, daily or weekly rate

If your organisation was not happy with the work, would the worker have to put it right?

Yes, unpaid and they would have extra costs that your organisation would not pay for

6. Worker’s involvement
Will you provide the worker with paid-for corporate benefits?

No

Will the worker have any management responsibilities for your organisation?

No

How would the worker introduce themselves to your consumers or suppliers?

They work for their own business

Page 3 of 4

HM Revenue & Customs
HM Revenue & Customs
Check Employment Status for Tax
What you told us
7. Worker’s contracts
Does this contract stop the worker from doing similar work for other organisations?

No

Is the worker required to ask permission to work for other organisations?

No

Are there any ownership rights relating to this contract?

No

Has the worker had a previous contract with your organisation?

Yes

Will this contract start immediately after the previous one ended?

Yes

Will this work take up the majority of the worker’s available working time?

Yes

Has the worker done any self-employed work of a similar nature for other clients in the last 12 months?

No

Page 4 of 4

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[anim]

The client won't answer it that way - they will say a desk is available here with meeting rooms when required. And yes the client could answer it the way you want but that will rapidly create a tax tribunal case (if case law doesn't exist which I think it does) where HMRC will win and ask for every contractor to be taken into account.

I know you think you've found a solution - the issue is that everyone else on here is now sure they've identified another to mock.

The client will answer it the way I suggest - they have to ask me at least, because they wont know to start with. If I can prove I am renting an office and if their office is closed it is valid. As for tribunal case - I ma sure it wont go there.

I really dont give a flying feck who a dullard like you thinks they mock.

[ladymuck]

The client will answer it the way I suggest - they have to ask me at least, because they wont know to start with. If I can prove I am renting an office and if their office is closed it is valid. As for tribunal case - I ma sure it wont go there.

I really dont give a flying feck who a dullard like you thinks they mock.

So you're saying that all of your clients will ask you for the answers to give and not have their own view, will not have taken advice from any other party and will 100% believe your interpretation of the contract and working arrangements?

Great, excellent, well done.

[eek]

So you're saying that all of your clients will ask you for the answers to give and not have their own view, will not have taken advice from any other party and will 100% believe your interpretation of the contract and working arrangements?

Great, excellent, well done.

It's not even that - look at the actual question

Will the worker have to fund any other costs before your organisation pays them?

As the answer is actually No, they can work in the office or work from home. The only reason the OP is paying costs is because he is a who doesn't understand the question

[WTFH]

If I can prove I am renting an office and if their office is closed it is valid.

So, we're back to the office you are renting.
You've not provided any information about the type of office, the rental agreement, or anything like that.
Neither have you defined how long you are renting it for, when you started renting it, etc.
Questions:
Did you start renting it before the current contract began?
Would you be able to carry out the contract for the client if you did not have that office?

[anim]

So you're saying that all of your clients will ask you for the answers to give and not have their own view, will not have taken advice from any other party and will 100% believe your interpretation of the contract and working arrangements?

Great, excellent, well done.

Absolutely I expect client to ask me about details only I know, but they are asked to provide.
If they dont do it, well, we wont be working together.

[northernladuk]

Right. I put this in general to be able to tell to feck off. Well, feck off.
It is not me, it is HMRC's tool that gave me outside det.

For you to fill in as you see fit... and judging by your ability to not be able to come to the right conclusion with the facts staring you in the face, I wouldn't be trusting the result.

[eek]

Absolutely I expect client to ask me about details only I know, but they are asked to provide.
If they dont do it, well, we wont be working together.

But the client can answer the question themselves without any input from you.

And the answer to the question is actually No - the OP / contractor does not need to rent an office for the work they are doing.

The fact you want to is your own personal choice and has nothing to do with the contract itself.