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  1. Replies
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    If your company has made a profit then it will...

    If your company has made a profit then it will need to pay any corporation tax due as a result.

    You would need to have accounts prepared to show the profit made and have these submitted to HMRC. ...
  2. Replies
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    1,659

    You'll also need final accounts preparing and...

    You'll also need final accounts preparing and submitting to HMRC along with CT600, plus VAT and PAYE final submissions and deregistrations if you're registered and then will need to apply the correct...
  3. Firstly, the flaws of CEST are well documented...

    Firstly, the flaws of CEST are well documented and even HMRC will not stand by the results generated.

    Legislation will require anyone making determinations to exercise reasonable care when doing...
  4. Accepted, but the point is to not wait until that...

    Accepted, but the point is to not wait until that point and challenge an SDS now if it's not worth the paper it's written on. If you receive an SDS and disagree with it, doubting reasonable care and...
  5. Possibly, the first step should be to challenge...

    Possibly, the first step should be to challenge their assessment and provide evidence to show why you believe you are not caught by IR35. Your client would then have 45 days to respond showing you...
  6. Most likely to be the Consultancy in this case. ...

    Most likely to be the Consultancy in this case. Sounds like End client has engaged Consultancy to deliver a project/output/deliverable and Consultancy has to decide how to resource that.
  7. ladymuck is right, if it walks like a duck and...

    ladymuck is right, if it walks like a duck and quacks like a duck...

    The only possible area for confusion here, it seems is that you are saying your contract can't be one of service because your...
  8. Yup, get your accountant to do it, either through...

    Yup, get your accountant to do it, either through your self assessment form or if already submitted then online.
  9. Thread: SDC

    by Patrick@Intouch
    Replies
    22
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    2,123

    For supervision to apply there must be someone...

    For supervision to apply there must be someone overseeing another person doing the work to ensure that they are actually doing it and that the work is being done correctly to the required standard....
  10. Thread: SDC

    by Patrick@Intouch
    Replies
    22
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    2,123

    The test for IR35 is around control. The test...

    The test for IR35 is around control.

    The test applied to determine whether someone working through an Umbrella can claim costs for travel and subsistence is SDC (supervision, direction and...
  11. Thread: SDC

    by Patrick@Intouch
    Replies
    22
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    2,123

    I think what you are saying here is that the...

    I think what you are saying here is that the Umbrella are saying you're not subject to the Supervision, Direction or Control (SDC) of your client and that currently, you are able to claim the cost of...
  12. Replies
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    3,151

    Apologies if I've missed something then as I...

    Apologies if I've missed something then as I haven't seen those posts.

    If they aren't engaging with contractors then why are the bothering with CEST and status assessments at all?

    Will you be...
  13. Replies
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    3,151

    Firstly, why are any businesses using CEST to...

    Firstly, why are any businesses using CEST to assess the status of an engagement. The tool has well documented flaws and even HMRC won't stand by the results it spews out.

    Secondly, if you accept...
  14. Replies
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    Yes, if you've paid more than you end up owing...

    Yes, if you've paid more than you end up owing through payments on account then HMRC should apply interest and add that to any repayment.
  15. Replies
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    399

    You can reduce your payments on account if you...

    You can reduce your payments on account if you think that your income is likely to be lower in the 2019/20 tax year than it was in the 2018/19 tax year.

    Should you get it wrong though and your...
  16. Hi, I'm so sorry that we've not managed to get...

    Hi, I'm so sorry that we've not managed to get your return to you yet. If you'd like to call and speak with your personal accountant they can arrange for this to be with you urgently.

    The...
  17. Replies
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    3,564

    As your contract, and perhaps more relevantly...

    As your contract, and perhaps more relevantly your payments span April 2020, it would be worth having the end hirer provide you with a status assessment in advance of the proposed reforms. If they...
  18. Generally speaking, contractors will have three...

    Generally speaking, contractors will have three options if an assignment is deemed to be inside IR35 by their End Hirer from April 2020.

    Go permie - in which case you could either leave the...
  19. Replies
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    Haha, no worries :)

    Haha, no worries :)
  20. Replies
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    2,028

    It is true that financial institutions don't...

    It is true that financial institutions don't charge VAT to their customers and so any VAT charged to them is a cost that they won't have to bear if they cease to engage contingent workers through...
  21. Hahaha, it's actually given me the opportunity to...

    Hahaha, it's actually given me the opportunity to fix some issues and connect with a few clients directly which is always positive.
  22. Hello, Again I am disappointed to hear that...

    Hello,

    Again I am disappointed to hear that your experience hasn't been a good one and would love to discuss this with you and help to find a resolution.

    Please email or call me directly so...
  23. Hi, You could close your company through MVL...

    Hi,

    You could close your company through MVL and apply ER to the capital gain provided you meet the criteria AND don't return to carrying on the same, or a similar trade or activity through...
  24. I would love the opportunity to discuss the level...

    I would love the opportunity to discuss the level of service that you have been receiving, what your experience has been and explore ways for us to resolve this for you.

    Please feel free to...
  25. Replies
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    1,414

    Not quite, if those three friends were still...

    Not quite, if those three friends were still engaging with clients in the same way then the same rules would still apply to each engagement. If that company however were engaged to deliver a product...
  26. Replies
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    1,414

    The end client can be assessed as being the...

    The end client can be assessed as being the ultimate entity in the chain asking for a provision of labour.

    If company A has a development need and asks company B to provide labour resource to...
  27. Replies
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    918

    You could reclassify your wife's shares as...

    You could reclassify your wife's shares as Ordinary Class A shares. This would mean that you would be the sole recipient of dividends when you declare them as being payable to holders of the...
  28. Replies
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    There is a lot of different advice being shared...

    There is a lot of different advice being shared at the moment but in terms of the legislation, it is absolutely still the responsibility of the individual contractor to assess their status and apply...
  29. Replies
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    2,146

    It is your responsibility to determine your...

    It is your responsibility to determine your status until 5 April next year. The draft legislation will not apply until that date has passed and any payments made to PSC's from 6 April 2020 will be...
  30. Haha, no I think the market will right itself in...

    Haha, no I think the market will right itself in time, though we are likely in for a bumpy ride! We've always provided IR35 reviews and advice to contractors and are keen to help business owners and...
  31. It's increasingly a good idea for companies who...

    It's increasingly a good idea for companies who engage contractors to speak with IR35 experts for advice and guidance on how to deal with the challenges they are likely to face around resource levels...
  32. Replies
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    1,775

    Indeed, we do have coverage in terms of PSL's...

    Indeed, we do have coverage in terms of PSL's that we are on with agencies and time will tell how much that service is needed / demanded and how quickly the market returns to / finds it's new normal!
  33. Replies
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    1,775

    In anticipation of exactly this type of scenario...

    In anticipation of exactly this type of scenario we set up our Freeflex product. Freeflex allows an individual to switch between operating through a limited company and using an Umbrella without...
  34. Replies
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    The "quote" doesn't exist in the Queen's Speech...

    The "quote" doesn't exist in the Queen's Speech as delivered, I listened to the broadcast while reading the transcript to make sure!
  35. Hi Networker2017, I'm glad we had the...

    Hi Networker2017,

    I'm glad we had the opportunity to discuss this, thank you for your time and your feedback, but even more happy that we were able to find a solution for you.

    Please contact me...
  36. Thanks, I'm glad that we have had the opportunity...

    Thanks, I'm glad that we have had the opportunity to discuss and resolve the issues that you had.

    Please do contact me directly should you need anything further.
  37. This is just the kind of creative thinking we...

    This is just the kind of creative thinking we will need to mitigate the risks posed by the rule changes.

    It would be awesome if there was some kind of national database where contractors were able...
  38. Hi uk-newbie, I'm sorry that you've had some...

    Hi uk-newbie,

    I'm sorry that you've had some issues with service and would love to discuss these with you to see if we can find a resolution.

    Please feel free to contact me directly to arrange...
  39. The way that IR35 status is determined isn't...

    The way that IR35 status is determined isn't changing but who is making that determination is. Control, personal service and MOO are still central to any status assessment and there is a lot of...
  40. There are two main areas for discussion here as I...

    There are two main areas for discussion here as I see it:

    1 - CEST is known to be unreliable, this is well documented and the fact that it ignores mutuality of obligations is evidence of the tools...
  41. If you invoiced £60k per year through your...

    If you invoiced £60k per year through your company, incurred no costs in running the company and only took salary to the secondary threshold then you could retain around 79% of your company's...
  42. Replies
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    It should be relatively painless to switch to a...

    It should be relatively painless to switch to a new provider and a proactive approach would be to work with both you and your outbound accountant to collect all relevant data. Some providers will...
  43. Replies
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    Substitution is just one factor in a much wider...

    Substitution is just one factor in a much wider and more complex assessment of your contracts (both theoretical [as implied by your working practices] and written [the actual contract].

    It is...
  44. Replies
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    1,063

    They can call and they can try but whether they...

    They can call and they can try but whether they will get HMRC to go outside their scripted response remains to be seen.

    Perhaps try calling HMRC to test your accountants response?

    If you really...
  45. Replies
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    1,063

    If your accountant files personal tax returns...

    If your accountant files personal tax returns using HMRC's gateway then they should be able to request that HMRC provide a SA302.

    If they file using third party software, which is much more...
  46. Replies
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    This is a great example of why CEST is flawed. ...

    This is a great example of why CEST is flawed.

    It picks up on substitution as though that were the overriding factor in reaching a determination on IR35 status whereas in reality each of the three...
  47. Replies
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    2,145

    OP stated that they work on site a maximum of 1...

    OP stated that they work on site a maximum of 1 day per week so under 40% of their working week and therefore any related expenses are still allowable.
  48. Replies
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    2,145

    Have you considered the three main factors that...

    Have you considered the three main factors that determine status under IR35? What knowledge do you have of them and have you considered how integrated you are with the business and their workforce?...
  49. Replies
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    It really depends on what you are going to be...

    It really depends on what you are going to be doing next.

    If you are going to setup another company to trade through and will be carrying on the same or a similar trade then Entrepreneur's Relief...
  50. OK, so the first confusion is around the timing...

    OK, so the first confusion is around the timing of the company dissolution versus the date at which any capital gain made as a result of this is declared.

    If you close the company bank account...
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