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Contracting within IR35

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    #21
    Originally posted by Contreras View Post
    Playing devil's advocate I would say that's not necessarily so.

    Definitely an IR35 target yes, but it's the working practices that finally determine IR35 status.

    Also HMRC are not going to discover the ex-employer relationship until they ask to see the contract(s), which AIUI can only be done once an IR35 enquiry is instigated. With decent legal representation (e.g. PCG+) so that you won't get tripped up dealing with HMRC directly, then I think it has the potential to go either way.

    Anyway I think the advice should be to stay as permie (perhaps under new contract terms) unless the OP can negotiate radically different working conditions, such as: WFH, decide your own hours, no "line manager", clearly defined deliverable(s).
    Absolutely is necessarily so, I don't care what your relationship is with the devil! There is no way an integrated, permanent member of staff can transform to an outside IR35 contractor between Friday and Monday - you couldn't get a more clear cut example of deemed employment
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      #22
      Oops! Seem to have caused a bit of a stir in here

      Anyway, after the day I had at work today, all offers are off the table, and I'll be out of there at the first opportunity (which is likely to be very soon).
      Last edited by ThomserveBAS; 18 May 2012, 19:57. Reason: Removed rant as not very professional for a newbie contractor

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        #23
        Never mind - it happens to us all.

        "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
        - Voltaire/Benjamin Franklin/Anne Frank...

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          #24
          Originally posted by ThomserveBAS View Post
          Oops! Seem to have caused a bit of a stir in here

          Anyway, after the day I had at work today, all offers are off the table, and I'll be out of there at the first opportunity (which is likely to be very soon).
          C'mon, dish the dirty!
          I couldn't give two fornicators! Yes, really!

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