Deemed payment?

[Greasy Chip Butty]

I'm just reading up on a few things about paying myself today and came across this. What does it mean to me??

http://www.bfca.eu/blog/?p=1964

How do I know if I'm trading within IR35?

[Malvolio]

You probably don't, that's part of the problem we have with these rules.

Anyway, as a starter for ten, Have a read here and download the guide to IR35

[Greasy Chip Butty]

There's a lot of reading there, but I couldn't see anything that is a simple checklist/questionairre. There must be one somewhere?

[Pistachio]

Do you want us to wipe as well?

[Malvolio]

Originally Posted by Greasy Chip Butty

There's a lot of reading there, but I couldn't see anything that is a simple checklist/questionairre. There must be one somewhere?

PCG has been working on this for 10 years. Around 1700 cases, several barristers, many more unsuccessful investigations and the combined efforts of a lot of people and we still don't have clarity on the rules. If there was a tick list, we would have produced one by now.

You want to be a freelancer in Malvolio-world, there's a simple rule. Do your own research first, then ask questions for clarification on the bits you don't understand (and given the complexities there will be several, honest!). You're looking to avoid losing around 15% of your net income, so perhaps a little bit of up-front reading isn't too onerous?

[Bel]

Originally Posted by Greasy Chip Butty

There's a lot of reading there, but I couldn't see anything that is a simple checklist/questionairre. There must be one somewhere?

I've put up four useful articles about IR35 recently on here (under Articles): a lot quicker to read and contains a lot of the information you'd need. There are questions and answers (or scenarios, to be more precise) that would fit your preferred format.

Food For Thought
IR35 and Teamwork
A Contract For Services
A Time and Place

[Greasy Chip Butty]

Originally Posted by Malvolio

You want to be a freelancer in Malvolio-world, there's a simple rule. Do your own research first, then ask questions for clarification on the bits you don't understand (and given the complexities there will be several, honest!). You're looking to avoid losing around 15% of your net income, so perhaps a little bit of up-front reading isn't too onerous?

Nothing against doing my own reading, just hoped that there would be a very simple and effective checklist. Chill

[Malvolio]

Originally Posted by Greasy Chip Butty

Nothing against doing my own reading, just hoped that there would be a very simple and effective checklist. Chill

I'm relaxed about it, don't worry, and I'm more than happy to answer questions on specifics. Iy's just you see the same question evey week and they get a bit wearing when you've spent a lot of the last 8 years trying to educate people on the ins and outs of IR35!

The important thing is you now know it's a difficult area and you have some reading to do, plus some good start points. Have fun

[Greasy Chip Butty]

Right, so on my new contract:

• Just starting
• I don't eat in the canteen. Crap food. I'll buy something from around the corner
• I've been given a project and, as the company rather rubbishly calls it been told the "envisaged solution". They have no idea how to get there and that's what I'm there for
• Although I will probably be there from nine to five I wouldn't expect them to have a problem with me disappearing when I deem it to be suitable
• I will be "in charge" of some of the employees on site for parts of the project
• I'll probably need to use their equipment, they've already mentioned clearing me a desk

Any alarm bells in that?

[Malvolio]

Originally Posted by Greasy Chip Butty

Right, so on my new contract:

• Just starting
• I don't eat in the canteen. Crap food. I'll buy something from around the corner
• I've been given a project and, as the company rather rubbishly calls it been told the "envisaged solution". They have no idea how to get there and that's what I'm there for
• Although I will probably be there from nine to five I wouldn't expect them to have a problem with me disappearing when I deem it to be suitable
• I will be "in charge" of some of the employees on site for parts of the project
• I'll probably need to use their equipment, they've already mentioned clearing me a desk

Any alarm bells in that?

Like I said, you need to do dome serious research...

Eating in the canteen is trivial; if it became significant you would have real problems.

If you are to deliver a set deliverable and it's up to you how you do it, then no D&C, which is good. In fact, that's one of the three key tests and you should be safe on that one point alone (but there are no certainties)

Leading people isn't an issue, provided it's part of your deliverable.

Using their kit isn't an issue, provided there's a good business reason for it. I wouldn't let alien PCs nto my network, for instance

You've missed Mutuality and Substitution, which are also pretty key:

Can you be paid just for being there, do you have to accept any work given you to do, do you have a symmetrical notice period?

Do you have the right to send a suitable substitute to do some or all of the work? If so, does the client have a right of veto?

Liike I said, you need to do some research. Perhaps you should also get Bauer & Cotterill or someone to review your contract and give you an honest answer. I'm betting there's a heap of things you've missed.