Re: FN-FORUM IR35 proof contract

date posted 1st June 2001 20:45

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:

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> 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
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> =3D delivering design aware programming solutions =3D
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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
> >
> > * Free listing for freelancers
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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=
> =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>>>&g
> t=
> ;>=20
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> =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
> Free listing for freelancers> * Free to advertise jobs> *
> =
> Free=20
> jobs distribution service> * Free database of 1000=20
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> t=
> ;>=20
> To post to the Forum:> [EMAIL REMOVED]@freelance
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