Could someone close out a daily discussion for me at work please? We have guys working where I am (I’m on the books) that are setup as Limited companies and some of them have been working under there limited company for well over 13 weeks at the same place. They are direct to the said company and not through an agency. Some drivers have said that they can only work for 13 weeks and then need to work elsewhere (IR35 rule). There are others that say we have our own liability insurance, work direct without going through an agency so therefore are not required to work elsewhere?
Any definitive answer on this one would be much appreciated?
I don’t think there is an actual time limit as such, but if they are their only clients that they invoice and work for, then I think they will definitely fall foul of the IR35 rules.
I am Limited Company (in my first year) and I work via 2 separate agencies to ensure I have different companies paying for the services I supply.
No hard and fast rules for determining if you’re caught by IR35. It’s all about whether you’re judged to be working for yourself or as an employee for the client. In the IT world I’m used to people work for years for the same client and continue to operate outside IR35; that’s not to say the tax people have investigated these cases and agreed though.
Providing you set your rates and dictate when you work then you will not fall foul of IR35.
Christ, if a company likes what you do and want to keep hiring you why the hell would you decline? providing you are paying your taxes and apply the above then you are fine. I’ve been servicing the same company for five years now and the tax man is over the moon.
Can’t believe that a thread with the words “IR35” in has managed to survive nearly 2 weeks without Conor Turton showing up with his box of broken records.
if you work through an agent its fine its when your direct to them its an issue due to national issuance and expenses if they own the truck and your not through an agent its PAYE simple
bjd:
if you work through an agent its fine its when your direct to them its an issue due to national issuance and expenses if they own the truck and your not through an agent its PAYE simple
bjd:
if you work through an agent its fine its when your direct to them its an issue due to national issuance and expenses if they own the truck and your not through an agent its PAYE simple
I think you’ll find it’s the other way around due to the way certain umbrella schemes are set up
bjd:
if you work through an agent its fine its when your direct to them its an issue due to national issuance and expenses if they own the truck and your not through an agent its PAYE simple
I think you’ll find it’s the other way around due to the way certain umbrella schemes are set up
I was referring to Ltd company working direct and not using an umbrella company
Its still the other way around. If someone is telling you what to do, where to work, how to do the job then its not self employment. If you’re limited company, sent somewhere by an agency and when you get there you have someone telling you what you’re doing and how to do it then its not classed as self employment.
In the case of what rookie posted they’re working there the same as other employees. They’re not self employed positions. Self employed would be the company saying “We need someone to delivery X to Y at 10am” and then you’re left to sort out your start time, decide who you’re going to send, how to load it, how to secure it etc. As soon as they (whether agency or client) say “You’re starting at 5am for a 8am tip”, you’re not able to send someone to do the job instead of yourself, they issue you instructions on how they want stuff done - i.e we have a sheet telling us how they want us to secure chipboard for example - then you’re classed as an employee by HMRC regardless of whether or not you’re sole trader or limited company.
Self employed is a client ringing me up, saying they’ve got a problem with a computer and ME deciding when I can come to fix it, who I’ll send to fix it and when I’ve got there how to fix or in the case of driving a company saying “we’ve got a load to get to Belshill by 10am” and me deciding who I’ll send to do it, when I’ll start, how I’ll load it, how I’ll secure it, what route I’ll take and them doing nothing more than giving me the keys and pointing me in the direction of the truck. If any of those decisions are not ones you’re allowed to make then its not self employment and I think you’ll find in the case of working through agencies most of them tell you when you’re going to start, very few will let you send anyone but yourself and when you get there the client tells you how to do the job.
