dandyhighwayman2:
Like I said if you do it correctly then you have nothing to worry about unlike a few I know.
So as you claim to be doing it correctly you will be satisfying all parts of the IR35 criteria, specifically :
Control. Self employed workers should exercise a significant degree of independent control over how they organise and carryout their work. That doesn’t happen as a self-employed or ltd co driver as you are told when and where they want you to start work.
Workmanship. Within reason, the more freedom the worker has in the detail of the way the work is carried out the better. You must also make it clear that the worker will have to put right any faulty work at his or her own expense. That doesn’t happen in any haulage yard where you are given an armful of delivery notes and a route manifest telling you how they want the job done.
Substitution. One of the strongest tests of self employment is the right to substitute a worker who is equally capable of carrying out the work. If you are unable to do the work yourself you must be able to provide a substitute in your place. No driver is going to be able to do that, but even if they could the client is unlikely to accept them.
If you have all those covered then crack on. I’m willing to bet my house you do not and are simply blagging it hoping your “good accountant” sorts it out for you should HMRC come knocking. As you appear to be unaware, you are responsible for ensuring that all your tax affairs are correct and filed and paid on time. Your accountant has no liability. Hiding behind your “good accountant” and playing dumb saying that he/she said it was okay will not wash with HMRC as many have found out to their cost.
But HMRC leave “top consulting firms alone”, so you’ve nothing to worry about!
dandyhighwayman2:
If any self employed/ltd are unsure if they are working legitimate or not just google qdos consulting answer the Questionnaire online to find out if your inside or outside ir35.
You on the outside you nothing to worry about.
Apparently hmrc tend to leave qdos alone as they are a top consulting firm.
dandyhighwayman2:
Don’t listen to this lot they no [zb] all……. I been doing ltd for last 8 years pal and as long as you do it correctly you wont have any problems just don’t fiddle the system and get a good high st accountant.
dandyhighwayman2:
Like I said if you do it correctly then you have nothing to worry about unlike a few I know.
So as you claim to be doing it correctly you will be satisfying all parts of the IR35 criteria, specifically :
Control. Self employed workers should exercise a significant degree of independent control over how they organise and carryout their work. That doesn’t happen as a self-employed or ltd co driver as you are told when and where they want you to start work.
Workmanship. Within reason, the more freedom the worker has in the detail of the way the work is carried out the better. You must also make it clear that the worker will have to put right any faulty work at his or her own expense. That doesn’t happen in any haulage yard where you are given an armful of delivery notes and a route manifest telling you how they want the job done.
Substitution. One of the strongest tests of self employment is the right to substitute a worker who is equally capable of carrying out the work. If you are unable to do the work yourself you must be able to provide a substitute in your place. No driver is going to be able to do that, but even if they could the client is unlikely to accept them.
If you have all those covered then crack on. I’m willing to bet my house you do not and are simply blagging it hoping your “good accountant” sorts it out for you should HMRC come knocking. As you appear to be unaware, you are responsible for ensuring that all your tax affairs are correct and filed and paid on time. Your accountant has no liability. Hiding behind your “good accountant” and playing dumb saying that he/she said it was okay will not wash with HMRC as many have found out to their cost.
But HMRC leave “top consulting firms alone”, so you’ve nothing to worry about!
dandyhighwayman2:
If any self employed/ltd are unsure if they are working legitimate or not just google qdos consulting answer the Questionnaire online to find out if your inside or outside ir35.
You on the outside you nothing to worry about.
Apparently hmrc tend to leave qdos alone as they are a top consulting firm.
Oh and it only tells you that you are outside IR35 if you answer the questions dishonestly.
IR35 put the stop on ‘self employed / Sole trader Drivers’ long ago. Agencies no longer recognise ‘Sole Trader Drivers’.
Limited Company Drivers are completely different, most are employees (PAYE) of their own Limited Company’s. Therefore all the RHA ‘BS’ does not apply to Ltd companies. After all they are no different to an ‘employment agent’ in terms of the Law, although the particular Driver is a Director of the Company employing them.
As for ‘HMRC comebacks’. The Limited Companies are a separate legal entity. Therefore the Driver cannot be held responsible for the limited company’s finances, should it owe taxes. In the same way an employee cannot be held responsible for its employers financial penalties.
dandyhighwayman2:
Like I said if you do it correctly then you have nothing to worry about unlike a few I know.
So as you claim to be doing it correctly you will be satisfying all parts of the IR35 criteria, specifically :
Control. Self employed workers should exercise a significant degree of independent control over how they organise and carryout their work. That doesn’t happen as a self-employed or ltd co driver as you are told when and where they want you to start work.
Workmanship. Within reason, the more freedom the worker has in the detail of the way the work is carried out the better. You must also make it clear that the worker will have to put right any faulty work at his or her own expense. That doesn’t happen in any haulage yard where you are given an armful of delivery notes and a route manifest telling you how they want the job done.
Substitution. One of the strongest tests of self employment is the right to substitute a worker who is equally capable of carrying out the work. If you are unable to do the work yourself you must be able to provide a substitute in your place. No driver is going to be able to do that, but even if they could the client is unlikely to accept them.
If you have all those covered then crack on. I’m willing to bet my house you do not and are simply blagging it hoping your “good accountant” sorts it out for you should HMRC come knocking. As you appear to be unaware, you are responsible for ensuring that all your tax affairs are correct and filed and paid on time. Your accountant has no liability. Hiding behind your “good accountant” and playing dumb saying that he/she said it was okay will not wash with HMRC as many have found out to their cost.
But HMRC leave “top consulting firms alone”, so you’ve nothing to worry about!
dandyhighwayman2:
If any self employed/ltd are unsure if they are working legitimate or not just google qdos consulting answer the Questionnaire online to find out if your inside or outside ir35.
You on the outside you nothing to worry about.
Apparently hmrc tend to leave qdos alone as they are a top consulting firm.
Oh and it only tells you that you are outside IR35 if you answer the questions dishonestly.
IR35 put the stop on ‘self employed / Sole trader Drivers’ long ago. Agencies no longer recognise ‘Sole Trader Drivers’.
Limited Company Drivers are completely different, most are employees (PAYE) of their own Limited Company’s. Therefore all the RHA ‘BS’ does not apply to Ltd companies. After all they are no different to an ‘employment agent’ in terms of the Law, although the particular Driver is a Director of the Company employing them.
As for ‘HMRC comebacks’. The Limited Companies are a separate legal entity. Therefore the Driver cannot be held responsible for the limited company’s finances, should it owe taxes. In the same way an employee cannot be held responsible for its employers financial penalties.
A Ltd Company IS a a separate legal entity but has a Director, ie the Driver. A Ltd Company cannot operate legally or illegally without the input of the Director. If any taxes are owing to HMRC whether it be through avoidance or evasion then the Director is responsible for those taxes. As an extreme example, a Company cannot be sent to prison for tax evasion but a Director can. If /when IR35 is rolled out into the private sector then the Director will be liable for any unpaid taxes.
dandyhighwayman2:
Like I said if you do it correctly then you have nothing to worry about unlike a few I know.
So as you claim to be doing it correctly you will be satisfying all parts of the IR35 criteria, specifically :
Control. Self employed workers should exercise a significant degree of independent control over how they organise and carryout their work. That doesn’t happen as a self-employed or ltd co driver as you are told when and where they want you to start work.
Workmanship. Within reason, the more freedom the worker has in the detail of the way the work is carried out the better. You must also make it clear that the worker will have to put right any faulty work at his or her own expense. That doesn’t happen in any haulage yard where you are given an armful of delivery notes and a route manifest telling you how they want the job done.
Substitution. One of the strongest tests of self employment is the right to substitute a worker who is equally capable of carrying out the work. If you are unable to do the work yourself you must be able to provide a substitute in your place. No driver is going to be able to do that, but even if they could the client is unlikely to accept them.
If you have all those covered then crack on. I’m willing to bet my house you do not and are simply blagging it hoping your “good accountant” sorts it out for you should HMRC come knocking. As you appear to be unaware, you are responsible for ensuring that all your tax affairs are correct and filed and paid on time. Your accountant has no liability. Hiding behind your “good accountant” and playing dumb saying that he/she said it was okay will not wash with HMRC as many have found out to their cost.
But HMRC leave “top consulting firms alone”, so you’ve nothing to worry about!
dandyhighwayman2:
If any self employed/ltd are unsure if they are working legitimate or not just google qdos consulting answer the Questionnaire online to find out if your inside or outside ir35.
You on the outside you nothing to worry about.
Apparently hmrc tend to leave qdos alone as they are a top consulting firm.
Oh and it only tells you that you are outside IR35 if you answer the questions dishonestly.
IR35 put the stop on ‘self employed / Sole trader Drivers’ long ago. Agencies no longer recognise ‘Sole Trader Drivers’.
Limited Company Drivers are completely different, most are employees (PAYE) of their own Limited Company’s. Therefore all the RHA ‘BS’ does not apply to Ltd companies. After all they are no different to an ‘employment agent’ in terms of the Law, although the particular Driver is a Director of the Company employing them.
As for ‘HMRC comebacks’. The Limited Companies are a separate legal entity. Therefore the Driver cannot be held responsible for the limited company’s finances, should it owe taxes. In the same way an employee cannot be held responsible for its employers financial penalties.
A Ltd Company IS a a separate legal entity but has a Director, ie the Driver. A Ltd Company cannot operate legally or illegally without the input of the Director. If any taxes are owing to HMRC whether it be through avoidance or evasion then the Director is responsible for those taxes. As an extreme example, a Company cannot be sent to prison for tax evasion but a Director can. If /when IR35 is rolled out into the private sector then the Director will be liable for any unpaid taxes.
Your presumption a Director is also a driver may be wrong. The Director of the company may employ drivers and not hold a drivers license. Furthermore Company Directors would not be responsible for company taxes, hence the word ‘limited’. IR35 has already been ‘rolled out’ and does not apply to Limited Companies.
Dream on. The majority of Ltd Co Drivers are the Director of their company. Nobody is talking about legitimate co’s whom employ Drivers. IR35 has been successfully implemented in the public sector but has yet to be implemented in the private sector,(wait for the fun to begin next year). As the Director of a Ltd Co the Driver runs the company, if he avoids paying tax via his company then he is responsible. Your assumption that a Director walks away from all responsibility of taxes is wrong. Do you think if a company owes tax through not abiding to legislation which is already in place that HMRC will allow the company to be dissolved owing the treasury money and the Director to walk away scott free?
