Hello,
Are there any template, example of terms of business suitable for one man Ltd driver. I do provide services both for Private Ltd customers and agencies. How should I call my business in such contract : subcontractor? consultancy? or just NAME OF THE BUSINESS Ltd would be better ?
Any help would be very appreciated.
Thanks
I already posted a set of watertight T&C for you where all you had to do was change the company name but you dismissed them out of hand saying they weren’t any good or applicable when they were specifically created for someone working as a self employed driver and also covered the business for sending in another driver if you had to. Not going to bother again, its a waste of time giving you advice about business because you apparently know it all even though you can’t work out how you should refer to your business or even what to call it.
Hi Conor,
I appreciate your help offered in previous post.
The only reason why I ask for business terms & conditions is because yours states that driver - temporary worker of Employment Business ( what if there is only one driver - does his status of temporary worker expire after some time ■■) is under supervision and control and direction of the Client which is not a case in my situation. Such contract is not good anymore - law changed in April 2016 - IR35 supervision control direction… As long as you want to operate ( and you are assured you are not under IR35 eg hmrc IR35 test , engagement terms between Ltd and client Ltd ) IR35 such terms of business are worded really bad and against any one man HGV driver Ltd . Sure you still can use it but forgot about any travel/ meals allowance, dividends etc ( again :changes from April 2016).
Please explain if I am missing something.
Don’t feed the troll.
the nodding donkey:
Don’t feed the troll.
SERIOUSLY ? I guess thats all what “people” here have to say… well fine. I am very sure about my post and basically none of you have balls to challenge my questions. 
marian63:
Hello,
Are there any templates, examples of terms of business suitable for one man Ltd driver
There are …Good look in finding them, let alone getting a haulier to agree to, or sign them
I’m out …
stick to the day job
You’re trying to find a way round IR35 and given how worried you are it seems you already know that it is breach. The question you’re trying to ask is not “has anyone got any terms and conditions” because they’ve been posted, rather its “does anyone know of a way of looking legit even though it isn’t?”
As for not being under supervision and control of the client, you are under direct control of the client. You are under control of the traffic office. They are telling you what your duties are, how to do the job to some extent or another.
Other than not being directly employed by the company you’re working the same as their employees are. That immediately disqualifies it from being self employment. Literally the way everything is ■■■■■■■ now HMRC have made it to the point that unless you own the truck it doesn’t qualify as self employment. The days of being a one man band hawking your skills as a driver around various haulage companies and doing it as a Ltd Company to screw the tax man are coming to an end. They have in fact come to an end, its just HMRC don’t have enough bodies to go after everyone.
pierre:
.Good look in finding them, let alone getting a haulier to agree to, or sign them
The ones I posted were accepted and signed including by a blue chip company after being forwarded to their head office for review.
Conor:
You’re trying to find a way round IR35 and given how worried you are it seems you already know that it is breach. The question you’re trying to ask is not “has anyone got any terms and conditions” because they’ve been posted, rather its “does anyone know of a way of looking legit even though it isn’t?”As for not being under supervision and control of the client, you are under direct control of the client. You are under control of the traffic office. They are telling you what your duties are, how to do the job to some extent or another.
Other than not being directly employed by the company you’re working the same as their employees are. That immediately disqualifies it from being self employment. Literally the way everything is ■■■■■■■ now HMRC have made it to the point that unless you own the truck it doesn’t qualify as self employment. The days of being a one man band hawking your skills as a driver around various haulage companies and doing it as a Ltd Company to screw the tax man are coming to an end. They have in fact come to an end, its just HMRC don’t have enough bodies to go after everyone.
pierre:
.Good look in finding them, let alone getting a haulier to agree to, or sign themThe ones I posted were accepted and signed including by a blue chip company after being forwarded to their head office for review.
Rubbish.
IR 35 is all about stopping so called self employed working for one company and claiming to be self employed.
If you work for different people or hauliers and can choose when you work and set your rate then it’s fine.
In terms of being under their control then most self employed people are under someone’s control. A builder would be under the control of the site agent telling them what to do and when to do it.
It’s no different in me working for a haulier and hiring my services for a day and being told what time the firm want me and where I’m going that day.
Even if I had my own truck and contracted myself out to say stobarts they would tell me where I had to be, what time, what I’m carrying and where I’m going. Therefore under their direct control even though it’s my own truck.
I confirmed this with a very reputable account about a month or so who has been in discussions with HMRC on this very subject and he confirms all this.
It’s the ones who only work for one company and claim to be self employed that IR 35 is looking to stop.
Well put Coolrider.
I think certain mongers of doom on here are living in cloud cukoo land.
So going on what has been posted so far from a certain know it all, are we saying that just because someone owns their own truck they dont come under the direction or control of someone, ie the transport planner.
The owner driver takes his instructions from the said planner eg take a load from Hull to Liverpool leave at 0600, booked in for 0930 and the owner driver decides he is going to do his own thing and go via Birmingham and roll up at Liverpool mid afternoon, or a self employed brickie instructed by the site foreman to crack on and start to build a 3 storey town house but instead he decides he is going to build a bungalow.
IR35 is targeted at self employed/Ltd Co individuals who work at the same work place long term, usually 2 years plus. HMRC would investigate why the said worker is not employed via PAYE as they would be losing revenues.
robbo99.:
Well put Coolrider.
I think certain mongers of doom on here are living in cloud cukoo land.
So going on what has been posted so far from a certain know it all, are we saying that just because someone owns their own truck they dont come under the direction or control of someone, ie the transport planner.
The owner driver takes his instructions from the said planner eg take a load from Hull to Liverpool leave at 0600, booked in for 0930 and the owner driver decides he is going to do his own thing and go via Birmingham, or a self employed brickie instructed by the site foreman to crack on and start to build a 3 storey town house but instead he decides he is going to build a bungalow.
IR35 is targeted at self employed/Ltd Co individuals who work at the same work place long term, usually 2 years plus. HMRC would investigate why the said worker is not employed via PAYE as they would be losing revenues.
There are many so called experts on here mate.! Experts in what I haven’t actually worked out yet!!
To further this a mate of mine has been an OD at a local quarry for 40 years.
Although he owns the truck every minute of his day is planned by the quarry.
He receives a text at night giving him all his work for the day and what time he has to be there including the loads he must carry.
So although he owns the truck his whole working work is planned by the quarry and he is under their direct control. If he needs time off he has to give notice in order that his truck is not included in the planned work for the quarry.
So under our tax experts advice above, who disguises himself as a truck driver, this example would be unlawful because although he owns the truck he is under the direct control of someone else!!!
Absolute rubbish.
Exactly Coolrider, your mate is falling fowl of absolutely nothing. As you know, if he was set up as a Ltd Co driver, driving their vehicles for year after year then he would be at risk of IR35. Im just wondering if good old HMRC have the time, funds or indeed inclination to investigte every single individual who potentially could be falling fowl. Just imagine how much it would cost to check everyones employment status for an organisation which is already not fit for purpose and creaking at the seams. Construction, Health, Transport, offshore workers to name but a few professions where Ltd Co’s are rife. Im sure the armchair know it all will be swatting up on HMRC’s website quoting on here word for word, like a parrot, what he has read. Not taking into account practicalities and common sense.