Contractors: IR35 & general discussion

Contractors: IR35 & general discussion

Author
Discussion

Bam89

633 posts

102 months

Thursday 21st November 2019
quotequote all
CT is one thing, I'm talking about his proposed hike on dividends tax rates to bring them in line with income tax rates

ie
Basic 7.5% rate > 20%
Higher 32.5% > 40%
Additional 38% > whatever it is he's planning on increasing the additional rate to

That's quite an impact when added on to the additional CT

plasticpig

12,932 posts

226 months

Thursday 21st November 2019
quotequote all
Gazzab said:
I have read up and don’t believe contractors were forced into using them.
https://www.tax.org.uk/media-centre/blog/technical...
I don’t disagree re the scary 20 year retrospective but I am not sure this creates a precedent. These are loans that remain unpaid.
Contractors involved don't have to pay penny to HMRC. They can repay the loans instead.

98elise

26,824 posts

162 months

Thursday 21st November 2019
quotequote all
Gazzab said:
The scale of the £s are scary though. I guess it could go something like this:
Day rate £700. 220 days a year. Say for 10 years.
Will have paid 10% (?) fee to the off shore scheme provider. Approx £15k a year ie £150k over 10 years. That’s ‘gone’.
Avoided (?) tax equal to approx 35% (?) of total invoiced ie £54k pa or £540k over ten years.
Then there is interest to add?
How does anyone manage to repay such huge sums!?
By not spending the money saved. You would have to be pretty stupid to think that it was anything other than dodgy!

Using your figures they will have taken home £135k cash every year, so 1.3m. You would hope some of that went into appreciating assets like property, so possibly worth a great deal more.

Gazzab

21,125 posts

283 months

Thursday 21st November 2019
quotequote all
wormus said:
I can’t believe that anyone would be so stupid so as to use one of these schemes. The ‘greed button’ is too easily pressed with some people but anyone who chooses to use these is asking for trouble, big trouble.

theboss

6,940 posts

220 months

Thursday 21st November 2019
quotequote all
The big bank I’m working for has just fallen in line with others... blanket “inside” or PAYE engagements only from end of Feb (to ensure +30 day payments caught by April).

I wonder how many would reverse this stance if the incoming government decided not to ratify the reform in time for the next tax year...

Gazzab

21,125 posts

283 months

Thursday 21st November 2019
quotequote all
theboss said:
The big bank I’m working for has just fallen in line with others... blanket “inside” or PAYE engagements only from end of Feb (to ensure +30 day payments caught by April).

I wonder how many would reverse this stance if the incoming government decided not to ratify the reform in time for the next tax year...
I thought the big banks were saying no to psc contractors ie perm or umbrella paye. Blanket inside’ assessments are illegal.

theboss

6,940 posts

220 months

Friday 22nd November 2019
quotequote all
Gazzab said:
I thought the big banks were saying no to psc contractors ie perm or umbrella paye. Blanket inside’ assessments are illegal.
It will be umbrella PAYE by the look of it, effectively the same as being deemed inside. I don’t see them offering perm. I’ll know more soon - it hasn’t been formally communicated yet.

worsy

5,835 posts

176 months

Friday 22nd November 2019
quotequote all
worsy said:
Been offered a decent salary to go perm (not current gig) which I've decided to take. Based from home with expensed travel, and as I live in the sticks this would be a huge financial hit in an inside IR35 role.
Oh well, this has gone south. Contract states I'm based in office 70 miles away, despite protestations that I'll still claim expenses from home, they could (and should) be taxable. It also means they might suddenly say deduct the 70*0.45*2 (£63) from your daily client expenses as that is normal commute.

Might as well take my chances in a post April world. Pissed that I gave notice on my contract though - ho hum biggrin

Shaoxter

4,095 posts

125 months

Friday 22nd November 2019
quotequote all
theboss said:
Gazzab said:
I thought the big banks were saying no to psc contractors ie perm or umbrella paye. Blanket inside’ assessments are illegal.
It will be umbrella PAYE by the look of it, effectively the same as being deemed inside. I don’t see them offering perm. I’ll know more soon - it hasn’t been formally communicated yet.
If you're on PAYE then IR35 doesn't apply? So there is not outside/inside, you're just becoming an employee.

theboss

6,940 posts

220 months

Friday 22nd November 2019
quotequote all
Shaoxter said:
theboss said:
Gazzab said:
I thought the big banks were saying no to psc contractors ie perm or umbrella paye. Blanket inside’ assessments are illegal.
It will be umbrella PAYE by the look of it, effectively the same as being deemed inside. I don’t see them offering perm. I’ll know more soon - it hasn’t been formally communicated yet.
If you're on PAYE then IR35 doesn't apply? So there is not outside/inside, you're just becoming an employee.
I suppose it depends what contract you sign with the umbrella company. Either way the net effect is the same.

Luckily I have enough outside IR35 consulting work with other clients to just quit the long term / big company gig. I’d far rather work 8 days a month on a good rate far outside IR35 than be a full time slave in the 60%+ marginal bracket. It’s a lose / lose situation for everyone but at least I’d get a better work life balance.

Edited by theboss on Friday 22 November 10:20

silent ninja

863 posts

101 months

Friday 22nd November 2019
quotequote all
It is the end of contracting under a limited company.

This is just another Tory policy that penalises freelancers and genuine contractors. Go after the little fish, not big tech that pay no tax and reap profits in this country. The Tory party stopped being an advocate of business since Brexit broke out. "fk business" as Boris says.

Gazzab

21,125 posts

283 months

Friday 22nd November 2019
quotequote all
theboss said:
I suppose it depends what contract you sign with the umbrella company. Either way the net effect is the same.

Luckily I have enough outside IR35 consulting work with other clients to just quit the long term / big company gig. I’d far rather work 8 days a month on a good rate far outside IR35 than be a full time slave in the 60%+ marginal bracket. It’s a lose / lose situation for everyone but at least I’d get a better work life balance.

Edited by theboss on Friday 22 November 10:20
I might be being dumb but how does the umbrella contract have any IR35 relevance? As I understand it you won’t have an IR35 assessment, you won’t have a limited company, you will be paye with the umbrella, you will pay a % to the umbrella, you may have to ‘buy’ benefits (eg pension and holiday) and you may have a retrospective review by hmrc into your outside IR35 time with the client (hmrc have made a hollow promise on this).

Gazzab

21,125 posts

283 months

Friday 22nd November 2019
quotequote all
silent ninja said:
It is the end of contracting under a limited company.

This is just another Tory policy that penalises freelancers and genuine contractors. Go after the little fish, not big tech that pay no tax and reap profits in this country. The Tory party stopped being an advocate of business since Brexit broke out. "fk business" as Boris says.
And it will only serve to reduce hmrc tax revenue ie :
- lower rates
- less roles
- off shoring
- more consultancies cashing in.
- perm conversions.



anonymous-user

55 months

Friday 22nd November 2019
quotequote all
Gazzab said:
Blanket inside’ assessments are illegal.
They’re not illegal, you just need to demonstrate “reasonable care” is taken. For example where a typical role or roles are subject to control and direction, because for example they are working in a team instead of providing a service, anyone doing that role can be considered inside IR35.

Most large businesses have neither the time, manpower or appetite to do anything beyond that.

Guvernator

13,191 posts

166 months

Friday 22nd November 2019
quotequote all
Gazzab said:
And it will only serve to reduce hmrc tax revenue ie :
- lower rates
- less roles
- off shoring
- more consultancies cashing in.
- perm conversions.
Not to mention decimating the whole side industry that has built up around contractors over the years.

Contractor Accountants, there are at least half a dozen I know off the top of my head who employ hundreds of people to look after contractors - gone.
Contractor Mortgage and financial advisers, the last firm I used had contractor in their company name - gone
Contractor Insurance firms - gone

Also the money I currently earn doesn't go under my mattress, it goes straight back into the economy but I'm already making plans to massively tighten my belt and spend a lot less. Times that by thousands of contractors.

Add it all together and the net effect will be less tax revenue but no one cares as long as those sneaky tax dodging contractors get their comeuppance.

anonymous-user

55 months

Friday 22nd November 2019
quotequote all
Guvernator said:
Not to mention decimating the whole side industry that has built up around contractors over the years.

Contractor Accountants, there are at least half a dozen I know off the top of my head who employ hundreds of people to look after contractors - gone.
Contractor Mortgage and financial advisers, the last firm I used had contractor in their company name - gone
Contractor Insurance firms - gone

Also the money I currently earn doesn't go under my mattress, it goes straight back into the economy but I'm already making plans to massively tighten my belt and spend a lot less. Times that by thousands of contractors.

Add it all together and the net effect will be less tax revenue but no one cares as long as those sneaky tax dodging contractors get their comeuppance.
As has been stated several times, this is simply not true. Just because the money is not spent on you, does not mean that it isn’t spent and HMRC gets to collect revenue through many different means. PAYE, NI, CT, CGT, the list is endless.

Gazzab

21,125 posts

283 months

Friday 22nd November 2019
quotequote all
wormus said:
Gazzab said:
Blanket inside’ assessments are illegal.
They’re not illegal, you just need to demonstrate “reasonable care” is taken. For example where a typical role or roles are subject to control and direction, because for example they are working in a team instead of providing a service, anyone doing that role can be considered inside IR35.

Most large businesses have neither the time, manpower or appetite to do anything beyond that.
Ok I should have said ‘unlawful’.
https://www.contractorcalculator.co.uk/role_based_...

bigandclever

13,829 posts

239 months

Friday 22nd November 2019
quotequote all
wormus said:
Gazzab said:
Blanket inside’ assessments are illegal.
They’re not illegal, you just need to demonstrate “reasonable care” is taken. For example where a typical role or roles are subject to control and direction, because for example they are working in a team instead of providing a service, anyone doing that role can be considered inside IR35.

Most large businesses have neither the time, manpower or appetite to do anything beyond that.
Blanket, role-based assessments are literally the opposite of demonstrating 'reasonable care' has been taken. And they are unlawful.

Businesses with people who actually understand the ramifications for getting the decisions wrong are very much performing individual assessments.

Countdown

40,101 posts

197 months

Friday 22nd November 2019
quotequote all
bigandclever said:
wormus said:
Gazzab said:
Blanket inside’ assessments are illegal.
They’re not illegal, you just need to demonstrate “reasonable care” is taken. For example where a typical role or roles are subject to control and direction, because for example they are working in a team instead of providing a service, anyone doing that role can be considered inside IR35.

Most large businesses have neither the time, manpower or appetite to do anything beyond that.
Blanket, role-based assessments are literally the opposite of demonstrating 'reasonable care' has been taken. And they are unlawful.

Businesses with people who actually understand the ramifications for getting the decisions wrong are very much performing individual assessments.
At the risk of sounding stupid, if 10 people are all in the same role, then why would you do 10 different assessments as opposed to one role-based assessment?