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  1. Replies
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    It is the only way under the PS rules HMRC will...

    It is the only way under the PS rules HMRC will recognise an engagement as being potentially outside IR35. IF you are supplied as part of an outsource agreement with a third party to deliver a set...
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    Ermmm Under the proposed new rules the client...

    Ermmm

    Under the proposed new rules the client is liable for the ErNICs, they merely add them to the rate to the agency who do the actual paying or worker and HMRC.

    Secondly, the worker is now...
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    Mea culpa, you are perfectly correct - although...

    Mea culpa, you are perfectly correct - although the conviction in some areas is that it was settled out of court purely to prevent her case going to tribunal and appeal.
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    While I agree with the above points entirely, I...

    While I agree with the above points entirely, I think it is equally about the intention of the client. You can argue that the client, by hiring a worker that they declare to be inside IR35 and...
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    Yes, potentially, and that is what is being...

    Yes, potentially, and that is what is being tested. However it does not mean that "Inside IR35" means "No MOO", so imho it cannot simply be ignored. The RMC tests still stand.
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    I'm not going to argue the point yet again, but...

    I'm not going to argue the point yet again, but the world is changing and this has nothing to do with your 20-year-old case but the rather different point that clients will in all senses be hiring...
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    IPSE is running a canpaign, but it is directed at...

    IPSE is running a canpaign, but it is directed at Johnson and HMT and working from the inside on behalf of its membership and using independent research material, so it is not nearly as obvious as...
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    Well yes, which is why it's is such a serious...

    Well yes, which is why it's is such a serious challenge. None of the necessary parties are used to thinking like that - yet...

    It can be done, you have to engage your contractor to deliver a given...
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    Alll quite correct as of now, but looking forward...

    Alll quite correct as of now, but looking forward to 2020 and the private sector changes, the SI may still decide that you are inside IR35 wrt your engagement with them. You are, potentially, not...
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    Pointless, I'm afraid he is only required to...

    Pointless, I'm afraid he is only required to respond to his constituents or to an MP on behalf of one of their constituents.

    As for the OP, i could probably write the answer you will receive...
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    Isnt it just! Dont fall for the tax free line...

    Isnt it just!

    Dont fall for the tax free line either. When you stsrt your state pension, they reduce your personal allowance by the same amount...
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    Poll: No it can't. But i struggle to make that a reason...

    No it can't. But i struggle to make that a reason for telling people that its not worth joining IPSE...
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    Poll: Funny that. The MF contains two "traditional"...

    Funny that. The MF contains two "traditional" contractors, the rest of them are the dreaded freelances of various flavours. Wonder where they found them, since the MF has to be drawn from the...
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    Poll: Except they are joining. Look at who is on the...

    Except they are joining. Look at who is on the MF... :igmc:
  15. Thread: IPSE referral

    by malvolio
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    What ms said... I totally agree. It's very...

    What ms said...

    I totally agree. It's very hard to demonstrate a negative, but stopping bad things happening is most of what IPSE gets up to when dealing with HMG. And let's face it, nobody else...
  16. Thread: IPSE referral

    by malvolio
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    452

    For good reasons or because you dont like being...

    For good reasons or because you dont like being lumped in with the other 4 million people who work for themselves?
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    Poll: Define "Traditional". You and me, perhaps, doing...

    Define "Traditional". You and me, perhaps, doing office-based work for a serial clients for 3 to 36 months at a time, adding skills and expertise to a limited requirement?

    The world has moved on....
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    Poll: Of course it is... :ohwell Its just i get...

    Of course it is... :ohwell

    Its just i get annoyed with the lazy comparison of IPSE membership with an IR35-specific commercial product. They are not really comparable, and just looking at the...
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    Poll: Yiurcaccountant is wrong. Its not a BIK but you...

    Yiurcaccountant is wrong. Its not a BIK but you cant offset it against CT. I wont go into the long and complex reasons why!

    As for cost, you can get the membership cost back through the Perkbox...
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    Poll: It will if you want to challenge an inside IR35...

    It will if you want to challenge an inside IR35 determination at tribunal. And it covers all tax enquiries anyway, not just IR35 ones.
  21. Replies
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    Cost of Employment + working expenses for the...

    Cost of Employment + working expenses for the role in question + Management overheads + 40% markup is the starting point. It's not a rate card as such, although they will have standard costs...
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    Just take a look at McDonnell's past beliefs. He...

    Just take a look at McDonnell's past beliefs. He hasn't changed any of them. Corbyn is merely a puppet, the real leader is McClusky and friends anyway. It's fair to say there is a decent, viable...
  23. Thread: Ir35 2020

    by malvolio
    Replies
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    34,246

    Fascinating conversation. Just wondering why...

    Fascinating conversation.

    Just wondering why the agencies over the last 20 years haven't actually realised that they would save themselves a huge amount of work and risk by stopping selling...
  24. Sticky: In theory you should have a clearance assessment...

    In theory you should have a clearance assessment for each. As you no doubt know the clearance is a feature of the role, not the person, and the risk assessments for different roles may well look at...
  25. Actually, i was saying exactly that at least ten...

    Actually, i was saying exactly that at least ten years ago.

    HTH...
  26. Probably be caught under unfair dismissal, should...

    Probably be caught under unfair dismissal, should anyone have the nous to pursue the case.

    But it already happens. All those Social Workers, care assistants, hotel chambermaids and delivery...
  27. Just a reminder - we are some way away from...

    Just a reminder - we are some way away from 2001... :wink

    If the agency are engaged to bring in service providers, they can't possibly have a contradictory contract with the end client.
    For...
  28. WRT this particular point, the fight we have is...

    WRT this particular point, the fight we have is that clients continue to acquire workers through HR, on the basis that they are hiring people and that is in the sole remit of HR (internal or...
  29. That is the key point that I keep hammering on...

    That is the key point that I keep hammering on about. The agency is the one that refuses to deliver a service provider and insists on selling a named individual

    Actually, I disagree slightly. It...
  30. It's actually dead simple. Agencies make more...

    It's actually dead simple. Agencies make more money selling three months chunks of time than they do selling something that ends when the work is done. They sell bodies rather than skills becuause...
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    Also, can I point out that "wholly and...

    Also, can I point out that "wholly and exclusively" doesn't actually apply since you are allowed a degree of personal use of company-owned PCs, laptops and smartphones anyway.

    Bottom line - move...
  32. Ermm... Don't forget that the point is that...

    Ermm...

    Don't forget that the point is that work expenses, no matter how paid, are no longer eligible for tax relief. so if you get £200 a week for a hotel, or £30 for petrol, that is effectively...
  33. And Brown. And Chruchill on his second term....

    And Brown. And Chruchill on his second term. Probably never even heard of MacMillan, Callaghan or Eden.

    But it seems a little premature. Let's give the guy a week or two so he's actually had time...
  34. No different to everyone else that's held the...

    No different to everyone else that's held the role. Even Corbyn meets that description...

    So your point is? :igmc:
  35. As usual you miss the point entirely. Boris may...

    As usual you miss the point entirely. Boris may upset a few precious souls in his party (e.g. Hammond and Gauke, both of whom are monumental failures in their roles), but he is well capable of geeing...
  36. Actually, given a choice of a buffoon, assorted...

    Actually, given a choice of a buffoon, assorted character-free grey men and women, various fringe party optimists and an incompetent (in all senses) Marxist fool led by a bunch of unreformed...
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    Be fair, he's only 20 years late to the...

    Be fair, he's only 20 years late to the discussion :tumble:

    You do have to despair sometimes...
  38. Replies
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    "Well I usually start at £shedloads a day...

    "Well I usually start at £shedloads a day depending on the role and location" was my usual line, then argue from there.

    Not really looking these days, but the last few conversations have been...
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    "IR35 is on a contract by contract basis", as you...

    "IR35 is on a contract by contract basis", as you well know, so other gigs may indicate IBOYA but HMRC won't take any notice of that (they haven't in the past). And it rather depends on what he used...
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    |HMRC may disagree, but I think you have a strong...

    |HMRC may disagree, but I think you have a strong case ffor moving the contract to an outside IR35 status - if only because speculative development (as R&D is, in essence) does not really fit with...
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    Or... You refuse to do work outside your...

    Or...

    You refuse to do work outside your contract scope, or ask for an extended and revised scope that aligns to what they are asking you to do.

    Or you tell them they keep to the contract...
  42. Sticky: I hate to disappoint... :glasses We need a...

    I hate to disappoint... :glasses

    We need a reverse whoosh smiley.
  43. Sticky: Ermmm… You do realise that is tax evasion...?

    Ermmm… You do realise that is tax evasion...?
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    Yes.... I wonder why...

    Yes.... I wonder why...
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    No idea. But GoT has been proclaiming his status...

    No idea. But GoT has been proclaiming his status as a PM for several years now... :laugh
  46. Sticky: Previously, having to manage company income and...

    Previously, having to manage company income and IR35 taxable income simultaneously, I changed my company salary to equate to my IR35 gig and let the company payroll sort out the tax side of things....
  47. Thread: Moon Landings

    by malvolio
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    Let me guess. He wasn't in... :wink

    Let me guess. He wasn't in... :wink
  48. Thread: Moon Landings

    by malvolio
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    Me too. Followed the whole thing, start to...

    Me too. Followed the whole thing, start to finish.

    Not as gripping as Apollo 13 though, that transfixed the whole damned world.
  49. I'e broached one potential solution with various...

    I'e broached one potential solution with various agencies over the years. Only one was willing to give it a go, but promptly went into liquidation... :igmc:

    However, the solution is actually...
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    Not a lot you can do, sadly, you will be someere...

    Not a lot you can do, sadly, you will be someere a long way don the list of creditors for the failed (deliberately or otherwise) company. You could try approaching your client, but since you and they...
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