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  1. Thread: Just a vent

    by WordIsBond
    Replies
    28
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    2,021

    LOL. Should have known. The blokes are too...

    LOL. Should have known. The blokes are too lazy/sloppy to bother with accurate titles.

    That's a sexist comment I just made there. In the professional forums, no less. Never been banned from...
  2. So, what happens if someone forms a consultancy...

    So, what happens if someone forms a consultancy in which all the contractors are PAYE employees but also shareholders, each with two shares redeemable by the company for £1 when they leave...
  3. If the funds were used to pay household expenses,...

    If the funds were used to pay household expenses, why should he not pay his share, and in fact a larger share since he was earning income? The transfer to your account was simply the mechanics of...
  4. Replies
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    435

    Reads that way to me, too, though I don't think...

    Reads that way to me, too, though I don't think it was in the draft legislation that way. No time to look right now.

    I've assumed all along that the determination would continue to be my...
  5. Thread: Just a vent

    by WordIsBond
    Replies
    28
    Views
    2,021

    No, you should have commended him for a title...

    No, you should have commended him for a title that accurately described the thread, so that you wouldn't need to waste your time reading or responding.
  6. Replies
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    Why sell yourself short with the "when"...

    Why sell yourself short with the "when" restriction? :p

    This is not stupid, this is smart.

    Time to get smarter. Request your guide from HL.
  7. Replies
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    No time today to read in detail but has anyone...

    No time today to read in detail but has anyone looked at whether the part about "no realistic prospect of recovery" can be used to transfer liability from foreign clients to the PSC?

    Because they...
  8. Pretty simple, actually. The dividend tax...

    Pretty simple, actually. The dividend tax already solved half the problem. Div tax + CT is roughly equivalent to EENI + IT. Bump it up by another 7.5% for close companies, and you've basically...
  9. Replies
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    1,033

    I doubt it. The client isn't asking this today...

    I doubt it. The client isn't asking this today because they care about an actual sub happening next summer sometime. They care about this today because if they are going to say in an SDS that...
  10. Replies
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    1,033

    And I'd just point them in a good direction by...

    And I'd just point them in a good direction by the MOU I'd provide, and not worry about it. OP is supposed to provide the MOU, so he can have it describe real substitution and the thing is sorted.
  11. Replies
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    1,033

    You keep saying this but all the client cares...

    You keep saying this but all the client cares about is knowing that there's someone OP can get in who is qualified to do the work.

    And all OP needs to care about is that the client is sufficiently...
  12. Replies
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    Further to what's been said, check Condition D. ...

    Further to what's been said, check Condition D. You aren't closing the company to gain a tax advantage, you are closing it because you aren't using it anymore, and haven't been for a while. That...
  13. Replies
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    1,033

    I don't KNOW. I'm speculating. It's not...

    I don't KNOW. I'm speculating.

    It's not groundless speculation. It comes at a time when clients have to make a determination. So it clearly is IR35 related. Someone knows enough to know...
  14. :D Of course. If you don't mind, let me...

    :D

    Of course. If you don't mind, let me repeat this again, though. IR35 is stupid legislation. It's a stupid way to try to fix their problem.

    There are significant imbalances to the way...
  15. Replies
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    1,033

    They aren't asking to have a deal with another...

    They aren't asking to have a deal with another company. They want proof that OP has a real, qualified, experienced substitute, so that they can say, "Yes, we'll accept a substitute."
  16. Replies
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    1,033

    They are looking for cover to give you an outside...

    They are looking for cover to give you an outside determination. It probably came from legal. Give them what they want, if you have a contractor mate who will do it.
  17. Replies
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    Oh, this is such beautiful legislation. Who is...

    Oh, this is such beautiful legislation.

    Who is responsible for making a determination? The end client. Who is responsible for implementing the determination. The fee payer.

    What is the...
  18. Good client relationships go a long way. IR35...

    Good client relationships go a long way. IR35 discourages this by making long term relationships and flexibility a black mark against you. What's good for building a business and relationships is...
  19. Replies
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    Depends on what the US company is providing to...

    Depends on what the US company is providing to the UK company. If it is simply personal services, the UK company must make an IR35 determination. If it is more than that, then probably technically...
  20. How long have you been there? Is an extra...

    How long have you been there? Is an extra month's income worth the risk? It depends on what you are risking. If you've been there two years you don't want all that dragged into IR35 just to get...
  21. Replies
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    This. If it is a large company then if you can...

    This. If it is a large company then if you can convince them that your plan is outside, you've got it made.

    If it is a small company, you have to be able to convince your insurer and HMRC, if...
  22. Replies
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    605

    Obviously it's not a silver bullet. It helps you...

    Obviously it's not a silver bullet. It helps you make the argument.
  23. Replies
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    1,042

    OP, my business is very like yours. Can you get...

    OP, my business is very like yours. Can you get overseas clients? I've wound down all my UK clients. Turned down three UK contracts in the last two months, told them I'm not getting involved in...
  24. I'd not entirely agree. When I left my permie...

    I'd not entirely agree. When I left my permie job I had a contract with my old employer that I operated inside IR35, but also did several fixed price jobs for them specifically to get those projects...
  25. Replies
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    605

    If you are off-site, it is easier to argue that...

    If you are off-site, it is easier to argue that you aren't under Supervision, Direction, Control.

    If you are being paid a fixed amount per project, no matter how long it takes, that is...
  26. True. But worth remembering this:

    True. But worth remembering this:
  27. Is the new entity: 1. Part of the Client's...

    Is the new entity:
    1. Part of the Client's Group?
    2. A client or supplier of the Client's Group with whom you've had material contact during the Assignment?

    If not, you can accept a new contract...
  28. They can argue that if there is no enforceable...

    They can argue that if there is no enforceable liability on the client because the client is outside the UK jurisdiction that the situation devolves to what it is for UK employees of foreign...
  29. From CEST: If the client really is willing...

    From CEST:


    If the client really is willing to be flexible, you want the following or comparable wording in your contract:



    Then, you tell whoever is doing CEST that they answer NO, they...
  30. Just to be clear (JB alluded to it), you are not...

    Just to be clear (JB alluded to it), you are not necessarily outside. That depends on contract and working practices, as always. If the legislation remains as is and JB's interpretation is correct,...
  31. If you are concerned about time running out,...

    If you are concerned about time running out, don't let maternity pay jeopardise it. That's nothing compared to the ER savings.
  32. You might want to ask your new employer if they...

    You might want to ask your new employer if they are actually willing to do a pension contribution in excess of £40K.

    While you are at it, you might want to mention that the salary sacrifice is...
  33. This. It doesn't matter if you trust how smart...

    This. It doesn't matter if you trust how smart they are about IR35. It does matter if you can trust them that they really have made an outside determination. You can trust that if it is in writing.
  34. Sign a new lease at £350 / month for twelve...

    Sign a new lease at £350 / month for twelve months. If your renters can't afford that, tell them you'll subsidise it and personally hand them £100 / month cash for twelve months. Take out your...
  35. That's part of the 'magic' of the 'reform'. ...

    That's part of the 'magic' of the 'reform'.

    Before the 'reform', if you'd done that and said you were inside, if HMRC came calling and you ended up in a tribunal, you could have said, 'Obviously...
  36. Replies
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    I'm keeping my IR35 insurance in place, contract...

    I'm keeping my IR35 insurance in place, contract reviews, keeping IR35 dossier supporting outside determination, etc, as always. I'm assuming, whatever draft legislation may say, that MyCo is going...
  37. Replies
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    I am not an accountant or a lawyer. I suspect...

    I am not an accountant or a lawyer. I suspect some of our accountants will come along after the holiday and confirm.

    That said, I don't think I can be mistaken on this one. If Conditions A-D are...
  38. If you can really live that frugally (on £10K for...

    If you can really live that frugally (on £10K for a year?), that would be best.

    I think you have to pay interest to your company on DLs over £10K, don't you? Better check into that.

    If you...
  39. Also, doesn't the new CEST ask if you have...

    Also, doesn't the new CEST ask if you have concurrent contracts, or something like that? If so, this would let you answer yes.
  40. Replies
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    Not quite. Lube doesn't collect interest. If...

    Not quite. Lube doesn't collect interest.

    If you had a contract review, you won't have penalties. Estimate your liability should HMRC decide your whole time there was inside and put that amount...
  41. Replies
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    504

    Finance Act 2016...

    Finance Act 2016

    There's the legislation. Note that Conditions A-D must be met, and note Condition D. To challenge this they would have to argue that, having regard to all circumstances, it is...
  42. Replies
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    504

    You are not closing the company to gain a tax...

    You are not closing the company to gain a tax advantage, you are closing the company because you are leaving the UK. Therefore, the two year provision is moot.

    The legislation is pretty clear...
  43. NLUK is talking a load of tosh. If you are...

    NLUK is talking a load of tosh.

    If you are doing it simply as a tax wheeze, very bad idea, if HMRC comes inspecting they'll be after you for income splitting and perhaps inheritance tax evasion....
  44. Replies
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    I don't think it warrants a pistol to the head. ...

    I don't think it warrants a pistol to the head. We already knew you were capable of getting it drastically wrong, so no harm done. :p
  45. Replies
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    How did I do in 2019? Not sure exactly. But I...

    How did I do in 2019? Not sure exactly.

    But I suspect I had over 800 CUK posts, and dished out probably at least 400 likes. Only put one person on my Ignore list, and exercised remarkable...
  46. Replies
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    What I don't get about that advice is that it has...

    What I don't get about that advice is that it has no legal force on a client with no presence in the UK. So it is completely unenforceable, so I don't actually see why I should bother foreign...
  47. Replies
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    Really? 0.45% for the first £250K, 0.25% for...

    Really?

    0.45% for the first £250K, 0.25% for the next £750K, 0.1% for the next £1M. I think it's £4K max but can't be bothered to make sure.

    Yes, fund charges are low with HL.
  48. Actually, I've been building slowly and have...

    Actually, I've been building slowly and have employees, and I'm not subbing mates, I've built a team and am subcontracting out pieces. In other words, the consultancy model. But I'm not that far...
  49. Thus, Corbyn-led Labour would never do it. We'll...

    Thus, Corbyn-led Labour would never do it. We'll see if they get anyone who is more fair and sensible, or just someone a little less obvious in their lunacy. I'd bet on the latter -- the lunatics...
  50. OP is satisfied but since this may be useful to...

    OP is satisfied but since this may be useful to other people:

    As noted, this is huge. An unfettered right to substitution is not compatible with employment. If the client is willing to accept...
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