Originally posted by anim
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Can remote work be the silver bullet for outside IR35?
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Originally posted by anim View PostThanks 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.
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.merely at clientco for the entertainmentComment
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Originally posted by vwdan View PostYou 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.
Still outside.
It seems renting office for the project is enough to be outside.
Code: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 Get help with this page. Support linksCookies Accessibility statement Privacy policy Terms and conditions Help using GOV.UK Open Government Licence All content is available under the Open Government Licence v3.0, except where otherwise stated © Crown Copyright
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Originally posted by eek View PostThe 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.
I really dont give a flying feck who a dullard like you thinks they mock.Comment
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Originally posted by anim View PostThe 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.
Great, excellent, well done.Comment
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Originally posted by ladymuck View PostSo 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.
Code:Will the worker have to fund any other costs before your organisation pays them?
merely at clientco for the entertainmentComment
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Originally posted by anim View PostIf I can prove I am renting an office and if their office is closed it is valid.
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?…Maybe we ain’t that young anymoreComment
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Originally posted by ladymuck View PostSo 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.
If they dont do it, well, we wont be working together.Comment
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Originally posted by anim View PostRight. 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.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by anim View PostAbsolutely 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.
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.merely at clientco for the entertainmentComment
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