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  1. IR35 does not apply. If this contract is...

    IR35 does not apply.

    If this contract is likely to last long, you should give some serious consideration as to whether or not you would be outside if you did form a limited company. If you...
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    For me, at least three times as much as you,...

    For me, at least three times as much as you, because I'm worth at least three of you. :p
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    My view, FWIW, is they will want to spend...

    My view, FWIW, is they will want to spend resource targeting clients who give outside determinations. Why? Human nature.

    Right now, most clients are doing what they want, but not all. That...
  4. Let us know how it goes. Don't be surprised if...

    Let us know how it goes.

    Don't be surprised if an updated SDS comes through before April anyway.
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    Been paying attention over the last 20 years? ...

    Been paying attention over the last 20 years? They pursue a lot of cases they lose. It's called 'deterrent.' If they drag clients through lengthy and expensive cases it scares clients off of...
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    Honestly, mate, I've stayed out but this is...

    Honestly, mate, I've stayed out but this is staggering.

    Your contractor friend is not the only one out there, you know. If you don't recommend anyone, as your contract says, then the client goes...
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    It's probably not all the client needs to give...

    It's probably not all the client needs to give the determination. It's probably Legal saying, "Get this to cover our backside or we're not going to allow this outside determination."

    I'm...
  8. If I had to pay £86 for insurance for a client to...

    If I had to pay £86 for insurance for a client to convince them to give me an outside determination, I think I'd probably find the money....
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    OMB Limited is already taken, sorry.

    OMB Limited is already taken, sorry.
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    I agree with this.

    I agree with this.
  11. Replies
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    Definitely want a new role / title. Definitely...

    Definitely want a new role / title. Definitely want a new contract and want to make all discussions of "extending" go away. "I am willing to enter into a new contract but not extend this one, since...
  12. Well, if you mean people like him give them extra...

    Well, if you mean people like him give them extra cover to do what they would have done anyway, that's fair enough. But we'd be here even if there weren't people like him. They would (and have)...
  13. Do you expect to be there long? If they get in...

    Do you expect to be there long? If they get in trouble for this in June, and change the determination going forward, are you happy to walk away because you were leaving in July or August anyway? Or...
  14. Sorry, that's not true. HMRC is going after all...

    Sorry, that's not true. HMRC is going after all of us, because they want more money. Even if we all moved on every three months, they'd be doing the same.

    (I might agree with other things you...
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    You keep taking this line but it's wrong. It...

    You keep taking this line but it's wrong.

    It was right in the old world when YOU made the determination, and when you might actually want a substitute. In that old world, the problem of...
  16. I must disagree. Anything that has a chance to...

    I must disagree. Anything that has a chance to inflate my ego is not pointless.

    Valueless, perhaps, but those are different thing. :p
  17. The purpose is not to determine whether an...

    The purpose is not to determine whether an individual is an employee, that's just the wheeze they use. The purpose is to raise more tax.

    It has an effect because of the tax imbalance between...
  18. Different question. That was whether you could...

    Different question. That was whether you could pay the same dividend to two different shareholders with different dates for the dividend. The answer was no.

    OP is asking if he can decide now...
  19. It depends on your risk appetite. HMRC would...

    It depends on your risk appetite.

    HMRC would ask, "What changed?" If nothing changed, you'll have a tough time. That said, I did one project as a permie back in the day that could have easily...
  20. I presume your accountant told you that you are...

    I presume your accountant told you that you are an idiot if you think this would work, and that if you keep asking these kinds of questions he'll drop you.

    My second opinion is that your...
  21. This appears to be a concession to his other...

    This appears to be a concession to his other point, that you are a bell-end. :p
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    It seems likely there are some things he knows...

    It seems likely there are some things he knows that I don't, however. :D

    Well, obviously a pension contribution up to your profit this year saves CT and so is probably worth doing. Not so...
  23. Honestly, you don't have to work at it, it...

    Honestly, you don't have to work at it, it obviously comes naturally to you. :rolleyes:
  24. I don't think anyone has addressed this but this...

    I don't think anyone has addressed this but this is completely wrong. Having more than one concurrent client could help you make the case that you are in business for yourself, rather than a...
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    Doubtful. What would he gain by going MVL now if...

    Doubtful. What would he gain by going MVL now if he intends to turn it all into dividends in November? How dumb would that be?

    So he's just wanting to know if he's burned his bridges in going...
  26. FWIW, the discussion on the links above was about...

    FWIW, the discussion on the links above was about fee-protection insurance. I assume that is focused on tax enquiry cover. TLC35 insurance is tax liability cover. Technically, that is not the same...
  27. I wonder how much it cost them to ask GSK, how...

    I wonder how much it cost them to ask GSK, how much it cost them to send out the letters, and how much tax it brought in? I suspect most contractors didn't pay but some did, enough to easily justify...
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    My guess is that 6 months would be challenged by...

    My guess is that 6 months would be challenged by HMRC, but 18 months probably wouldn't be -- again, if it were a genuine redundancy. You can't predict against a redundancy 18 months in advance. ...
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    Perhaps the fact that it was not only in the...

    Perhaps the fact that it was not only in the original post but that the point had been made (once with bold) twice in comments that preceded yours, and you still missed it?

    That's possible. Or...
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    Yes, there are many factors. But let's not...

    Yes, there are many factors. But let's not forget you can see exponential growth outside a pension pot, too.

    As opposed to a pension contribution of 160K, if you MVL, you have 144K after tax,...
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    IT contractors. It's easy to miss out a word. ...

    IT contractors. It's easy to miss out a word.

    The stupid compiler knew I meant to put that word in there, why doesn't it just fill it in for me?
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    Put it in a savings account, pay it in Jan/July. ...

    Put it in a savings account, pay it in Jan/July. Sure, it's not a lot, but it adds up over time. Free money.
  33. It might make sense for it to occur at the...

    It might make sense for it to occur at the beginning of the 2021-2022 tax year. But really, there's no reason it absolutely has to happen at the beginning of a tax year. Thousands of times, people...
  34. Time to get an accountant that doesn't take...

    Time to get an accountant that doesn't take everything at face value that he reads in Accountancy Daily.

    But really, it's not entirely his accountant's fault. It's the fault of the people who...
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    Payment on Account (for self assessment). The...

    Payment on Account (for self assessment). The amount you have to pay every Jan/July.
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    What makes you think that's even an option...

    What makes you think that's even an option elsewhere? He's been offered a perm job elsewhere. The brolly job offer was in his old role and possibly left him vulnerable to historical IR35 problems. ...
  37. It's by no means certain that a different country...

    It's by no means certain that a different country would view an MVL as capital gains, rather than dividend, anyway. Every country will have its own rules as to what constitutes capital gains.

    OP,...
  38. Focus on overseas contracts for now.

    Focus on overseas contracts for now.
  39. You're out of your mind if you think there's...

    You're out of your mind if you think there's anything to that.

    Clients would simply agree 3 year contracts (with no notice clauses, of course) with all their contractors, beginning 1 April. That...
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    If anyone is planning to end pscont's terminal...

    If anyone is planning to end pscont's terminal illness within the next 12 months I choose to know nothing of it.
  41. Does your company have any assets? Did it have...

    Does your company have any assets? Did it have any when this letter was received? If so, you could be in trouble for removing any assets from the company while there is an outstanding obligation of...
  42. Absolutely, they would. Their problem is that...

    Absolutely, they would. Their problem is that their reach doesn't extend overseas, so their iron fist would splash into the water and do nothing but get their sleeve wet.

    If you are not UK tax...
  43. Pity the Ltd wasn't closed before this...

    Pity the Ltd wasn't closed before this happened....
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    You may claim to be self-employed but HMRC would...

    You may claim to be self-employed but HMRC would probably deem this to be employment and view these as employment-related securities. You'll want professional advice.
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    There isn't any legislation yet to enable an...

    There isn't any legislation yet to enable an accurate answer to this question.

    Based on the draft legislation, if there's an obligation on the worker to inform the overseas client, I've missed...
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    Perhaps he was trying to be funny. I was! (I...

    Perhaps he was trying to be funny. I was!

    (I didn't see the joke in his, though)
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    Er, thanks for making me look up FTAOD. :D

    Er, thanks for making me look up FTAOD. :D
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    I don't think a break of less than 3 months is...

    I don't think a break of less than 3 months is likely to make a bit of difference. Over 3 months, I think you've differentiated yourself somewhat -- after all, if they are looking for outside to...
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    FWIW, in my view JB is right here. Key text: ...

    FWIW, in my view JB is right here. Key text:


    There's two sentences there. The first, long one, the last part of which you bolded in your quote earlier, says that you'll indemnify them if...
  50. Go to the CEO's office to hand in your notice. ...

    Go to the CEO's office to hand in your notice. If you stay under any of those terms you may be very vulnerable to historical investigation.

    Time to get another gig, even if it has to be inside. ...
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