A time and place (Feature)

[UKFF Mod]

If you're an owner managed contractor, briefed to supply deliverables for an engagement, working at the client site every day during core office hours won't necessarily comprise your likely IR35 compliant status.

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If you have any comments to make about this article feel free to start the debate below!

[The SMG]

Bel Grant is fast becoming the no.1 IR35 expert on this site...

http://www.freelancesupermarket.com/...and-place.aspx

Top post Bel

G

[Malvolio]

Originally Posted by The SMG

Bel Grant is fast becoming the no.1 IR35 expert on this site...

http://www.freelancesupermarket.com/...and-place.aspx

Top post Bel

G

Join the PCG and you get that level of advice in spades...

[Bel]

Originally Posted by The SMG

Bel Grant is fast becoming the no.1 IR35 expert on this site...

http://www.freelancesupermarket.com/...and-place.aspx

Top post Bel

G

Wow! I'm flattered, But I doubt that I know more than the paid experts on here.

As it is, I'm in contact with a number of them who've provided me with great information , some of which has been injected into these articles. So credit where credit's due. So very many thanks to them too, if you're reading.. ..

Although I do know IR35 well enough to write about it confidently, my own expertise really lies in presenting this information in an easily digestible way.

Glad you like the article, SMG

[bez]

This isn't anything that I have ever thought of before. Surely most contract are a 9 to 5 on the client's site, surely? Would the revenue instantly assume you're caught and make you prove that you were working outside of IR35?

[Malvolio]

Originally Posted by bez

This isn't anything that I have ever thought of before. Surely most contract are a 9 to 5 on the client's site, surely? Would the revenue instantly assume you're caught and make you prove that you were working outside of IR35?

No.

It's about Direction and Control. You can work where and when you like, but mostly that tends to be in the office during working hours, especially if you have to work with other people face-to-face. But if they tell you to sit there between these hours without there being a good business-related reason for it, and by that I mean something that applies to the permies as well, then you would be caught. But nobody is going to have that in their contract anyway, are they...?

[Bel]

Originally Posted by bez

This isn't anything that I have ever thought of before. Surely most contract are a 9 to 5 on the client's site, surely? Would the revenue instantly assume you're caught and make you prove that you were working outside of IR35?

They probably would assume that you're caught - they assume everyone is caught, until you can demonstrate otherwise.

But that doesn't mean that you will be. The point I stressed in the article is that non-essential constraints will be a pointer to IR35 compliance. But I always stress in my articles that the whole picture for the engagement is what determines your IR35 work status, not a tickbox approach.

What is essential, is that you are performing deliverables (See my second article, IR35 and Teamwork). There's no question about that at all. It's impossible to work IR35 compliantly if a whole piece of work you're given essentially belongs to the hirer before you apply your skill set to add, adapt or work on it.