RE: FN-FORUM Holiday Pay!

date posted 1st July 2001 18:39

He may be a Director, but does he have a shareholding?

If he has less then 5% shares in the company he's not liable to IR35
anyway as he couldn't get the dosh out using dividends.

[EMAIL REMOVED] (Kerry dzinezone) wrote:

> Kathy (oh font of all knowledge!) - you seem quite well up on the IR35
> issues .....
>
> A mate (and also ex-colleague) finished with his former employer
> yesterday
> (also my ex-employer) but has agreed to continue working for them 3
> days per
> week from home doing database/VB programming. He is also a Director of
> our
> company dzinezone limited. The former employer doesn't really like me
> too
> much and wants my mate to personally sign one of their contracts (i.e.
> between him as a person and them as a company), but he/we are insisting
> that
> the contract is one from dzinezone on a B2B basis in order to prevent
> any
> possible IR35 implications. Does this sound right to you?
>
> Appreciate any comments you have
>
> Cheers
> Kerry
>
> -----Original Message-----
> From: [EMAIL REMOVED]
> [EMAIL REMOVED] Behalf Of Vendetta Sales
> and Admin
> Sent: 29 June 2001 22:35
> To: [EMAIL REMOVED]
> Subject: Re: FN-FORUM Holiday Pay!
>
>
> Better to persuade clients to sign up to proper B2B contracts, or employ
> people as full employees. Why should share-holding employees of small
> businesses have to pay tax and NI on 95% of turnover, just to subsidise
> am employer who wants employees without any rights?
>
> Kathy
> ----- Original Message -----
> From: "Derek Clarke" [EMAIL REMOVED]
> To: [EMAIL REMOVED]
> Sent: 29 June 2001 10:43
> Subject: Re: FN-FORUM Holiday Pay!
>
>
> > I can see an all-out suefest of clients by contractors really helping
> the
> > market...
> >
> > [EMAIL REMOVED] (Vendetta Sales and Admin) wrote:
> >
> > > You should take your client to court and demand full employee
> rights.
> > > Search the web for references to Martin O'Murphy v HP. Your limited
> > > company in this case is just a reason for your client/employer not
> to
> > > pay you properly or give you employment rights. Since your Ltd Co is
> > > disregarded for tax purposes, your client would have to pay.
> > >
> > > Kathy
> > > ----- Original Message -----
> > > From: [EMAIL REMOVED]
> > > To: [EMAIL REMOVED]
> > > Sent: 28 June 2001 11:57
> > > Subject: Re: FN-FORUM Holiday Pay!
> > >
> > >
> > > > Not necessarily. If your contract is caught by IR35
> > > > you might as well get all the benefits.
> > > >
> > > > I don't see how this would work, my current contract is
> > > > well within IR 35 (I've been doing support work in a
> > > > bank for 5 year - I think IR35 was written for me!). But
> > > > my limited company pays my NI (employer's and
> > > > emploee's). So who would pay my paid holidays? I
> > > > guess it would be my limited company ?
> > > > Basically heads they win tails I lose.
> > > >
> > > > Mark
> > > >
> > > >
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