Originally posted by LondonManc
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Judge rejects CEST assessment
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Cats are evil. -
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Originally posted by jamesbrown View PostMy expectation is that the private sector will mostly not be using CEST; they will either make it very clear that a contract is inside (umbrella, FTC and/or other appropriate contract wording) or they will make it very clear that it's outside, which means not relying on CEST.Comment
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The only way contractors can rest easy is if they give specific sectors a free pass.
If enough projects struggle, fail, or go way over sensible budgets, and they can't rely on largely inferior foreign resource or outsourcing companies then maybe they'll start to see that giving the IT sector exemption from IR35 and related 'disguised employee' legislation is the sensible way of not only getting the work done on time but at a reasonable cost.
Until then I'll contract inside IR35 but at a higher threshold rate than previously, to offset the lack of expenses and additional taxes.
Not sure which other sectors would warrant a free pass due to the nature of the short term work where flexible resource at a reasonable cost should be paramount. Construction seems an obvious one. Otherwise if it's TV presenters or general dogs bodies forced to be 'self-employed' by companies shirking their tax liabilities, then they are fair game to being penalised.
Has AIPSE or any other 'voice' of contracting even thought of trying this approach and if so why did they fail?Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.Comment
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Originally posted by Hobosapien View PostThe only way contractors can rest easy is if they give specific sectors a free pass.
If enough projects struggle, fail, or go way over sensible budgets, and they can't rely on largely inferior foreign resource or outsourcing companies then maybe they'll start to see that giving the IT sector exemption from IR35 and related 'disguised employee' legislation is the sensible way of not only getting the work done on time but at a reasonable cost.
Until then I'll contract inside IR35 but at a higher threshold rate than previously, to offset the lack of expenses and additional taxes.
Not sure which other sectors would warrant a free pass due to the nature of the short term work where flexible resource at a reasonable cost should be paramount. Construction seems an obvious one. Otherwise if it's TV presenters or general dogs bodies forced to be 'self-employed' by companies shirking their tax liabilities, then they are fair game to being penalised.
Has AIPSE or any other 'voice' of contracting even thought of trying this approach and if so why did they fail?merely at clientco for the entertainmentComment
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Also I imagine that would just shift the argument from "is this role inside/outside IR35?" to "is this role in the IT sector?".Comment
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Originally posted by Hobosapien View PostIf enough projects struggle, fail, or go way over sensible budgets
Originally posted by Hobosapien View PostUntil then I'll contract inside IR35 but at a higher threshold rate than previously, to offset the lack of expenses and additional taxes.Comment
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What is interesting is the route used to the courts.
“Submitting an employment tribunal claim is free and, as this case has shown, can be used to secure almost undeniable proof over an individual’s IR35 status.”
Employment Tribunal Claim..... Perhaps why IPSE are a little quiet is they never thought of this.See You Next TuesdayComment
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Originally posted by Lance View PostWhat is interesting is the route used to the courts.
Employment Tribunal Claim..... Perhaps why IPSE are a little quiet is they never thought of this.Comment
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Originally posted by jamesbrown View PostSo you’ve been holding back and contracting for lower rates until now?
But with the way things are looking I don't want the hassle of the HMRC bogeyman knocking on the door years down the line, even if confident of being outside and backed up by a contract review. So will only accept inside IR35 roles with a suitable rate to compensate. Much less stress that way. In an industry where consultancies charge silly money to provide absolute numpties I no longer care about fleecing the clients. They've made their own bed by going along with HMRC's bad policies and trying to offload their tax liabilities to contractors by saying yes they were disguised employees. I'll just say I'm a consultant on my CV, no longer a contractor.Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.Comment
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