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UK Agent- UK PSC - Foriegn client - Non UK resident worker - IR35 applies or not?

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    #11
    Originally posted by Leamcon View Post
    Agreed the whole thing is badly thought out. Resulting in following actions for me:

    1. Negotiated a new non UK agent with end client in Romania
    2. Opening a new Malta based company
    3. Agreeing with new agent that I can invoice from Malta LTD company.
    4. Keep the same personal tax/national insurance system in Spain as now
    5. Am able to reduce tax burden even more as Malta company tax/dividend payments effectively are reduced to 5% cost

    So bizarrely HMRC looses all previous revenue sources from UK agent and my UK company and forces me to give away less company tax to Malta.
    FFS. It is all insane. Congrats on finding a way through this mess and establishing a compliant and effective way of working.

    Unfortunately I'm not so lucky, given the client/agent are in the UK even if I create a Dutch BV and contract with the UK agent or I contract with a Dutch agent, who in turn has a contract with the UK agent it doesn't seem to matter - both those arrangements are likely not to work as the end client is in the UK.

    The end client will simply insist (to mitigate their exposure) that I can't operate through my NL PSC. And there's nothing in statute (or draft legislation) that shows my situation would be out-of-scope. I'll no doubt be forced down an umbrella route.

    Even worse is that some end clients are now enforcing a new structure to be in place during February. So I likely will have to commit to something before the budget, etc.

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