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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me are you self employed
Yes, I am self-employed - Director of my own limited company
The contract states the supplier as my limited company providing services to the client by way of a contractor/consultant
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you
Ok Ben, thanks - Nicole
Hi Nicole, thanks for your patience. I have considered this in more detail but as the main part relates to IR35 this is more appropriate fr out tax section so I will transfer your question there and a colleague will be in touch ASAP. Thank you and no need to rate this as I have not provided you with an answer.
Hi Ben, thanks for your prompt response :). I just wanted to check however that in passing on my query to your tax colleague that I will not be charged a fee again?
Hi, no this will be the same original fee that you paid for this question.
No-one has got in touch with me still to answer my question from yesterday and I have already paid the fee. Can you advise who will get in touch or how I can ensure my question is dealt with promptly?
Thanks for your response. So to clarify, are you saying that by including a detailed job description and a list of duties and responsibilities in the contract schedule, as the agency were only willing to do at most on behalf of the client, rather than a project name and list of deliverables or services that this would imply I was being treated as an employee and mean I would be caught by IR35? Even if the other terms stated that I could provide a substitute with similar skills etc?
This was my concern but the agency's excuse was that they have 4000 plus contractors and if they amended every individual contract to suit the particular assignment it would be far too time consuming!
To their credit, the terms of the contract do not state any of the above so there is no indication of control in that sense.
The pay is a fixed daily rate base on an 8 hour day but in the interview the client was expecting me to start and leave at specific times although not stated in my contract. I agree with you that I should contact HMRC although the client is now threatening to withdraw their offer if I delay any longer. So, hopefully a phone call for advice will not be a red flag to HMRC to then start an investigation into my business (not that I have anything to hide of course)?
Great, thanks for your advice. I will contact them tomorrow.