Re: FN-FORUM IR35 proof contract

date posted 1st June 2001 21:45

Not true. If you work for a limited company (or possibly a partnership)
and are entitled to divis, hold more than 5% of the shares, are entitled
to more than 50% of the dosh if the company is sold, you could be
affected by IR35. If you are "in business on your own account", as we
all are ;-), then it doesn't affect you. Agencies have nothing to do
with it; it's the relationship between your company/you and your client.
Kathy
----- Original Message -----
From: "Derek Clarke" [EMAIL REMOVED]
To: [EMAIL REMOVED]
Sent: 01 June 2001 20:42
Subject: Re: FN-FORUM IR35 proof contract


> If you're self-employed you don't fall under IR35.
>
> If you can find all your work yourself you don't fall under IR35.
>
> It's only if you rely on agencies who uniformly insist that you have a
> limited company that IR35 gets you.
>
> [EMAIL REMOVED] (Ben Empson) wrote:
>
> > This is a multi-part message in MIME format.
> >
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> > Content-Type: text/plain;
> > charset="iso-8859-1"
> > Content-Transfer-Encoding: quoted-printable
> >
> > Thanks for the replies on this. After reading
> > http://www.inlandrevenue.gov.uk/ir35/taxbulart.pdf it's pretty clear
to
> > =
> > me
> > that I do not fall under the IR35 rules.
> >
> > Also, this section from
> > http://www.inlandrevenue.gov.uk/ir35/faqsgeneral.htm#1
> >
> > "Intermediaries such as service companies can be set up to provide
the
> > services of a single worker to a client in circumstances where, if
it =
> > were
> > not for the service company, the worker would be an employee of the
=
> > client.
> > The use of service companies in this way allows the client to make =
> > payments
> > to the company rather than the individual, without deducting PAYE or
=
> > NICs.
> > The worker can then take the money out of the service company in the
=
> > form of
> > dividends instead of salary. Dividends are not liable to NICs so the
=
> > worker
> > will pay less in NICs than either a conventional employee or a =
> > self-employed
> > person."
> >
> > Since I am registered as self-employed, and will be paying myself =
> > directly
> > from the proceeds of any work I undertake rather than by taking =
> > dividends
> > from a service company that I have set up for the purpose, I don't
see =
> > how
> > IR35 can apply to me anyway? If I am mistaken in this please let me
=
> > know!
> >
> > Also, is anyone on the list a member of the PCG? What is your
> > experience =
> > -
> > is it worth joining?
> >
> > Thanks for the help, Ben
> >
> >
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
> > =3D=
> >
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> > =3D=
> > =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
> >
> > =3D Array[x] =3D
> > =3D delivering design aware programming solutions =3D
> > =3D www.arrayx.co.uk =3D =3D [EMAIL REMOVED] =3D
> > =3D +44 (0)7780 696840 =3D =3D 1 Flintham Drive, Sherwood, Notts.
NG5 =
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> > -=
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> > ----- Original Message -----
> > From: "Ian Stevens" [EMAIL REMOVED]
> > To: [EMAIL REMOVED]
> > Sent: Friday, May 25, 2001 5:23 PM
> > Subject: Re: FN-FORUM IR35-proof contract
> >
> >
> > > Hi Ben,
> > >
> > > There's some good information on the Inland Revenue web site. The
> > following
> > > URL is particularly useful because it gives some examples of how
the =
> > IR
> > > would assess various situations:
> > >
> > > http://www.inlandrevenue.gov.uk/ir35/taxbulart.pdf
> > >
> > > Regards,
> > >
> > > Ian.
> > >
> > > ---------------------------------------------
> > > www.akriga.com Transact on the Web.
> > > ---------------------------------------------
> > >
> > > ----- Original Message -----
> > > From: "Ben Empson" [EMAIL REMOVED]
> > > To: [EMAIL REMOVED]
> > > Sent: Friday, May 25, 2001 3:30 PM
> > > Subject: FN-FORUM IR35-proof contract
> > >
> > >
> > > Hi all, I saw something in a recent post which referred to an =
> > IR35-proof
> > > contract.
> > >
> > > It's likely that I'll be doing quite a lot of work for one client
in =
> > the
> > > near future. There are several different things they want me to
do, =
> > all of
> > > which will be under different contracts. I'll be defining the
exact
> > > deliverables in each contract, with a price for each and a
delivery =
> > date.
> > >
> > > I will be working from home and using my own equipment. What else
do I
> > need
> > > to do to ensure that I do not fall foul of IR35. Any pointers to
good
> > > resources on IR35 would also be appreciated.
> > >
> > > Cheers, Ben
> > > =
> >
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
> > =3D=
> >
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
> > =3D=
> > =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
> > >
> > >
> > >
> > >
> > > =
> >
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
> > =3D=
> >
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
> > =3D=
> > =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
> > >
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> > Content-Transfer-Encoding: quoted-printable
> >
> >
> >
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> >
> >
> >
> > Thanks for the replies on this. After reading >
href=3D"http://www.inlandrevenue.gov.uk/ir35/taxbulart.pdf">http://www.i
> > n=
> > landrevenue.gov.uk/ir35/taxbulart.pdf=20
> > it's pretty clear to methat I do not fall under the IR35 =
> > rules.Also,=20
> > this section from >
href=3D"http://www.inlandrevenue.gov.uk/ir35/faqsgeneral.htm#1">http://w
> > w=
> >
w.inlandrevenue.gov.uk/ir35/faqsgeneral.htm#1"Intermediaries
> > =
> >
> > such as service companies can be set up to provide theservices
of a
> > =
> > single=20
> > worker to a client in circumstances where, if it werenot for the
=
> > service=20
> > company, the worker would be an employee of the client.The use
of =
> > service=20
> > companies in this way allows the client to make paymentsto the =
> > company=20
> > rather than the individual, without deducting PAYE or NICs.The =
> > worker can=20
> > then take the money out of the service company in the form =
> > ofdividends=20
> > instead of salary. Dividends are not liable to NICs so the =
> > workerwill pay=20
> > less in NICs than either a conventional employee or a=20
> > self-employedperson."Since I am registered as
> > self-employed, =
> > and=20
> > will be paying myself directlyfrom the proceeds of any work I =
> > undertake=20
> > rather than by taking dividendsfrom a service company that I
have =
> > set up for=20
> > the purpose, I don't see howIR35 can apply to me anyway? If I am
=
> > mistaken in=20
> > this please let me know!Also, is anyone on the list a member
of
> > =
> > the PCG?=20
> > What is your experience -is it worth joining?Thanks for
the
> > =
> > help,=20
> >
Ben=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
> > 3D=
> >
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
> > =3D=
> > =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=20
> > Array[x] =3D=3D delivering design aware programming solutions =
> > =3D=3D > href=3D"http://www.arrayx.co.uk">www.arrayx.co.uk =3D =3D > [EMAIL REMOVED]@arrayx.co.uk
=
> > =3D=3D +44=20
> > (0)7780 696840 =3D =3D 1 Flintham Drive, Sherwood, Notts. NG5 3DS
UK=20
> > =3DSTANDARD DISCLAIMER: This message is confidential. You
> > should =
> > not copy=20
> > it ordisclose its contents to anyone. You may use and apply the
=
> > information=20
> > onlyfor the intended purpose. Internet communications are not
> > secure =
> >
> > andtherefore Array[x] does not accept legal responsibility for
the =
> > contents=20
> > ofthismessage. Any views or opinions presented are only
those
> > of =
> > the=20
> > author andnot those of Array[x]. If this email has come to you
in =
> > error=20
> > please deleteit andany=20
> >
attachments.------------------------------------------------
> > -=
> > ------------------------------------=20
> > Original Message -----From: "Ian Stevens" < >
[EMAIL REMOVED]@btinternet.com>
> > ;=
> > To:=20
> > < >
[EMAIL REMOVED]@freelancers.net<
> > /=
> > A>>Sent:=20
> > Friday, May 25, 2001 5:23 PMSubject: Re: FN-FORUM IR35-proof=20
> > contract> Hi Ben,>> There's some good =
> > information=20
> > on the Inland Revenue web site. Thefollowing> URL is =
> > particularly=20
> > useful because it gives some examples of how the IR> would
> > assess =
> > various=20
> > situations:>> >
href=3D"http://www.inlandrevenue.gov.uk/ir35/taxbulart.pdf">http://www.i
> > n=
> > landrevenue.gov.uk/ir35/taxbulart.pdf>>=20
> > Regards,>> Ian.>>=20
> > ---------------------------------------------> > href=3D"http://www.akriga.com">www.akriga.com Transact on the =
> > Web.>=20
> > --------------------------------------------->> -----
=
> > Original=20
> > Message -----> From: "Ben Empson" < >
[EMAIL REMOVED]@earthling.net>
> > ;=
> > >=20
> > To: < >
[EMAIL REMOVED]@freelancers.net<
> > /=
> > A>>>=20
> > Sent: Friday, May 25, 2001 3:30 PM> Subject: FN-FORUM
> > IR35-proof=20
> > contract>>> Hi all, I saw something in a recent
=
> > post which=20
> > referred to an IR35-proof> contract.>> It's
likely
> > =
> > that=20
> > I'll be doing quite a lot of work for one client in the> near
=
> > future.=20
> > There are several different things they want me to do, all
of> =
> > which will=20
> > be under different contracts. I'll be defining the exact> =
> > deliverables in=20
> > each contract, with a price for each and a delivery =
> > date.>> I will=20
> > be working from home and using my own equipment. What else do =
> > Ineed>=20
> > to do to ensure that I do not fall foul of IR35. Any pointers to =
> > good>=20
> > resources on IR35 would also be appreciated.>> Cheers,
=
> > Ben>=20
> >
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
> > =3D=
> >
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> > =3D=
> >
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> > t=
> > ;>=20
> >
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> > =3D=
> >
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