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  1. Replies
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    Or its's simply HMRC sticking to their policy...

    Or its's simply HMRC sticking to their policy that people's tax affairs are strictly confidential and will not be publicised...?
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    He is an officer and shareholder of his company,...

    He is an officer and shareholder of his company, I very much doubt he is an employee.
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    It's not just presenters. I know seven people who...

    It's not just presenters. I know seven people who work behind the camera in various roles: to a man (and one woman) they were binned as permies and told to go contracting ten or more years ago. And...
  4. The problem is that paying the correct tax is...

    The problem is that paying the correct tax is down to the individual. It doesn't matter that you trusted your advisor to tell you the right amounts, it's still your responsibility

    There is a...
  5. Thread: Dr Who 2020

    by malvolio
    Replies
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    2,310

    CBA to watch any more. If Chibnall can only move...

    CBA to watch any more. If Chibnall can only move the plot forward by stopping everything for some (shouted and usually incomprehensible) explanation from the Doctor, then he needs to go back to...
  6. Replies
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    Except, as far as IR35 defence is concerned, it...

    Except, as far as IR35 defence is concerned, it is not a substitute unless the new worker is working to the existing contract in its entirety under the exact same rates and Ts&Cs and for the original...
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    However it is not really an issue them using PSCs...

    However it is not really an issue them using PSCs if both Vine and Ackroyd are working inside IR35. Given the £400k is quoted as being taxable income, it would seem they are.
  8. Precisely why i said get it in writing, ideally...

    Precisely why i said get it in writing, ideally with your objections
  9. Replies
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    To be fair, there's nothing in the Guardian...

    To be fair, there's nothing in the Guardian worthy of discussion, full stop....

    But in this case I side with Fox. Being equal, be it colour, race, sexual preference or shoe size, does not mean...
  10. Well yes, probably not, although in my work i'm...

    Well yes, probably not, although in my work i'm being interviewed as a senior external consultant and therefore rather expected to be giving advice and guidance...

    I agree with others though;...
  11. Mostly you do what the client wants doing- within...

    Mostly you do what the client wants doing- within the bounds of your contract, of course. But I have been known to refuse to code something that left a gaping hole in the site security, to approve a...
  12. Sticky: It's the client who is responsible for the...

    It's the client who is responsible for the determination, although they may sub that to the agency.

    If you are demonstrably outside now, you should ideally be persuading the client to leave well...
  13. Replies
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    Pretty bad, at a guess. You may take your case to...

    Pretty bad, at a guess. You may take your case to an FTT. If you lose, you appeal and HMRC drop the case to prevent setting case law. You win and HMRC don't appeal for the same reason. They don't...
  14. Replies
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    Just to be really picky "IR35" is just a...

    Just to be really picky "IR35" is just a nickname, and was the paragraph in the press release from the 1999 budget that announced what is properly called the Intermediaries Legislation, which is...
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    Something along the lines of turning on the new...

    Something along the lines of turning on the new rules but not prosecuting people that break them. Which sounds nice, but is a mechanism for allowing bad practices to develop and become normal.

    In...
  16. Replies
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    No, they use their iXBRL-enabled data to match up...

    No, they use their iXBRL-enabled data to match up company and personal accounts with the RTI data and look for anomalies. But that doesn't mean they have hundreds of qualified inspectors just sat...
  17. You don't need it. The client has said you're...

    You don't need it. The client has said you're inside, so they are exercising Direction and Control, so PI is their liability.

    Chances are the agency is still working to an old script...
  18. Much more reading needed, I fear. for one thing,...

    Much more reading needed, I fear. for one thing, if you "join an umbrella" you are legally an employee of the umbrella. IR35 is not a consideration. IPSE's Guide to Freelancing would be a good start....
  19. Sticky: It has been answered, actually... Yes, 5...

    It has been answered, actually...

    Yes, 5 years' residency is a basic requirement. However, residency in a variety of (usually Commonwealth) countries is fine, if they have a decent security regime...
  20. Replies
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    You've declared your accounts to be true and...

    You've declared your accounts to be true and accurate when you filed them. So what do you think?
  21. Replies
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    Not quite. You're OK as long as your last payment...

    Not quite. You're OK as long as your last payment as a contractor is cleared before April 5th.
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    So that's a no then... The only difference would...

    So that's a no then... The only difference would be that now you have to take on whatever your client-turned-employer says you should.

    That said, I think the retro aspect is all a bit overstated....
  23. Replies
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    Well yes, but a distinction without a difference...

    Well yes, but a distinction without a difference IMHO.
  24. Replies
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    1,081

    Ermm no. All members are covered just by virtue...

    Ermm no. All members are covered just by virtue of being members.

    As an ex-member of many years, you know what is covered and how many cases have been stopped at the first hurdle by IPSE's...
  25. Replies
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    1,081

    Ermm, no. They don't pay out anything, they pay...

    Ermm, no. They don't pay out anything, they pay for your legal support. As you well know...:tongue
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    Wrong. They cover you for inquiries while you're...

    Wrong. They cover you for inquiries while you're a member. Only exclusion is an already open case, and even then they may get involved.
  27. Sticky: As have you. I'm making the wider, and admittedly...

    As have you. I'm making the wider, and admittedly more historical point that this has come about because 90% of us are taken on through HR and so are seen as an employee - temporary, agency or...
  28. Sticky: That's your first mistake. This is not an HR...

    That's your first mistake. This is not an HR issue at all, it's (supposed to be) about hiring expert resources from a supplier. Because HR have got involved, and because HR only see people as...
  29. Sticky: No, no, no... The Employer's NICs are the...

    No, no, no...

    The Employer's NICs are the client's problem, they are not part of your rate. You are only liable for Employee's NICs (As at now) and PAYE on you earned income. That is all laid out...
  30. Replies
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    If you are working as outside IR35 now, then move...

    If you are working as outside IR35 now, then move to an inside IR35 position as dictated by the client, and do not get a whole new contract correctly describing the new working arrangements, then you...
  31. An FTT does not set case law or precedant. But...

    An FTT does not set case law or precedant. But that aside, you cant re-employ someone who you made redundant within a fairly long timescale, else their redundancy will be taxed at the higher rate.
  32. Replies
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    Well it might have helped... But since that...

    Well it might have helped...

    But since that looks like corporate income rather than personal divis, then CT would be due on the profit element. How much and at what rate is open to discussion.
    ...
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    Good marketing by the idiot Cummings. He's...

    Good marketing by the idiot Cummings. He's advertsing for people to get involved in the running of the country, but read what he is looking for properly and it's actually for a dogsbody to do the...
  34. Replies
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    You paid CT on dividend income? Sorry, don't...

    You paid CT on dividend income? Sorry, don't understand...

    Perhaps talk to an accountant who understands accountancy in the first instance.
  35. I would say that the business in that case does...

    I would say that the business in that case does not need to close, merely to find a new client...
  36. Directors can't claim redundancy if they are the...

    Directors can't claim redundancy if they are the ones maknig the decision to close the company. If someone else, such as a liquidator or trade creditor, is driving the closure, then they can, in...
  37. Thread: Dr Who 2020

    by malvolio
    Replies
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    2,310

    Have to agree, yesterday was a shouty incoherent...

    Have to agree, yesterday was a shouty incoherent mess.
  38. Craig's last point makes good commercial sense,...

    Craig's last point makes good commercial sense, in that it may lead to other work. If someone asks Dad where he got his website, "From a media design company owned by PeejeUK " is a lot better answer...
  39. Replies
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    I disagree... :bang:

    I disagree... :bang:
  40. Thread: IR35 Myths

    by malvolio
    Replies
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    9,499

    Sticky: Because (a) HMRC don't accept it and (b) the...

    Because (a) HMRC don't accept it and (b) the Treasury civil service, who are the real drivers here, don't understand anything other than master/servant and keep advising ministers that anyone who...
  41. Thread: IR35 Myths

    by malvolio
    Replies
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    9,499

    Sticky: Except every case that has been won - and there...

    Except every case that has been won - and there are a lot of them - have centered on that work for pay situation and whether or not the worker was required to do work and where and how. Only HMRC...
  42. Replies
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    So might I and the rest of IPSE... The case...

    So might I and the rest of IPSE...

    The case now is totally different to your case way back then, under different ruling legislation, on several levels.

    IPSE were - indeed are - instrumental in...
  43. Thread: IR35 Myths

    by malvolio
    Replies
    40
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    9,499

    Sticky: The case law as per RMC is not about the...

    The case law as per RMC is not about the existence of MoO, it is about "an irreducible minimum of Mutuality of Obligation". Therefore it is accepted that there is always a degree of mutuality, else...
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    That's hardly a criterion, given where we are...

    That's hardly a criterion, given where we are now. And the forums are a bit of a wasteland these days because many of the original IR35 targets have moved on.

    The PEI cover is still as good as...
  45. Replies
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    Which is why you shouldn't disregard IPSE...

    Which is why you shouldn't disregard IPSE membership, regardless of how you consider the associated baggage. The cover is basically for any tax investigation (not just IR35) instigated while you are...
  46. And for those that don't, this post...

    And for those that don't, this post was made recently
  47. Well yes, stating the bleedin' obvious. If the...

    Well yes, stating the bleedin' obvious. If the reality doesn't match the results, HMRC will disregard CEST anyway.
  48. Good news and well done. Others take note...

    Good news and well done. Others take note...
  49. Replies
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    Oh yes, quite agree. It's the "Don't use IPSE...

    Oh yes, quite agree. It's the "Don't use IPSE they're irrelevant"* crowd that irritates, not people pointing out the alternatives. Dunno what Markel's PEI offering costs (it's not on their website...
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    Agreeing with JtB does not necessarily constitute...

    Agreeing with JtB does not necessarily constitute good advice :wink

    For this case though it is simply a hard commercial decision. I agree you should go with the one that costs the least. That may...
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