Originally posted by nucastle
View Post
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Simple fix for IR35 PS Problem
Collapse
X
-
The greatest trick the devil ever pulled was convincing the world that he didn't exist -
Originally posted by cojak View PostI guess I'm cynical because I've never seen the RoS clause actually used.
One reason why I actually like the Pubic sector changes is that they can determine what they want. If the client wants me (and that means explicitly confirming that there will be no supervision, direction nor control - heck have you tried to control me) then I can finally bin that substitution clause that I could hardly ever use...merely at clientco for the entertainmentComment
-
Originally posted by cojak View PostI guess I'm cynical because I've never seen the RoS clause actually used.
In one case 2 contractors both working part-time for my client and then other clients would substitute for each other. It resulting in one getting work from one of the other clients when the other one was unable to fit that project in.
Then I have seen a husband and wife team, and two brothers substitute for each other. In both these cases the clients only needed one body on-site. The brothers were background checked.
The husband and wife were project managers, and some of the more technical staff preferred the wife."You’re just a bad memory who doesn’t know when to go away" JRComment
-
Originally posted by SueEllen View PostI have though.
In one case 2 contractors both working part-time for my client and then other clients would substitute for each other. It resulting in one getting work from one of the other clients when the other one was unable to fit that project in.
Then I have seen a husband and wife team, and two brothers substitute for each other. In both these cases the clients only needed one body on-site. The brothers were background checked.
The husband and wife were project managers, and some of the more technical staff preferred the wife.merely at clientco for the entertainmentComment
-
Originally posted by eek View PostAnd in all those cases the people were working as businesses with long term substitution plans rather than using them to tick a box... They are definitely exceptions rather than the rule...
With the related individuals it was because they set up their businesses that way.
I actually had people I could substitute to until recently, and actually used them on one project I did years ago. One actually helped me on another project but decided due to the small amount of time taken not to bill me. In all cases the client was aware."You’re just a bad memory who doesn’t know when to go away" JRComment
-
You just reminded me I know a few more people who either employed, employ or sub-contracted people through their contracting firms and so can (or did) substitute people.
In some cases it was an accident like my own case, while in others it's purposely done. In all cases it is not due to a tick box."You’re just a bad memory who doesn’t know when to go away" JRComment
-
Originally posted by cojak View PostSince the consultancy I work for does not have this dispensation with the clients I work with (I still need to be interviewed by the client before I'm accepted), I can't see the PS being prepared to accept this. Are you going to perform the SC or DBS checks that the PS will often demand?
As far as I'm concerned the RoS criterion has always been bogus, whether for PS or not.
As soon as you see a title saying 'Simple fix for IR35' you've got to know the answer is 'its not going to work' before you've opened the thread'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
-
Originally posted by northernladuk View PostI have to agree but I got very close in the PS gig I left recently. I sourced a replacement, got them to meet the client but in the meantime had a bit of mare with the paperwork. It was just too much of a pain in the arse. In the end I just kept all the documentation of the event and agreed it was just easier to stick them through the agent instead. Close but no banana.
As soon as you see a title saying 'Simple fix for IR35' you've got to know the answer is 'its not going to work' before you've opened the threadThe Chunt of Chunts.Comment
-
Originally posted by MrMarkyMark View PostThat's the crux of the problem, you did everything else successfully getting the agreement for a ROS, but to keep it legal and above board was too difficult'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
-
Originally posted by nucastle View PostIf you are one of the 90% of contractors that HMRC feels should be inside IR35, then you need to realise the tide is against you.Comment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment