Contractors: IR35 & general discussion

Contractors: IR35 & general discussion

Author
Discussion

Anubis

1,029 posts

181 months

Thursday 5th March 2020
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LinkedIn. Over 12,000 responses from contractor survey

ContractorCalculator survey managed to obtain over 12,000 response on the IR35 changes. Here is a full summary and review from peoples feedback.

Autopilot

1,301 posts

186 months

Thursday 5th March 2020
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Greenmantle said:
Clockwork Cupcake said:
Greenmantle said:
Wondering how best to reply to end clients and agencies who are sending me emails advertising roles.
The roles are within IR35 but rates haven't changed to reflect situation.
Business as usual - you tell them that you have the skills and experience to be able to help them out but the rate is too low.

Standard rate negotiation stuff.
sent:

Dear Sir / Madam

Thank you very much for your email.
I have all the skills required for the role advertised below and I am available immediately.
Unfortunately the remuneration offered does not reflect the additional Tax and NI (Employer and Employee) burden caused by the role being only available on a PAYE basis.
Hopefully the end client is willing to reconsider this and I am obviously available anytime to begin negotiation.
All the best.
I personally think this was a bad response.

Firstly, have YOU actually been contacted or are you one of many that got the email and it just happens that it's personalised and that your name is at the top of the email? If it's via the scatter gun approach (which lots of the personalised stuff I get is), then they don't care about your opinion, they're fishing for somebody to say they are interested and to start talking with them so you've gone from being a prospect to just closing the door. They aren't looking to negotiate with you, they want somebody to be interested. If this genuinely was directed at YOU then I guess you can state what you want from a deal.

The main reason I say it's a bad response is because as a contractor you will work either inside or outside of IR35. The end client has already set the terms and deemed the role to be inside of IR35 so there is no 'additional' tax burden, those are the standard T's and C's of that assignment. If you were in an existing role that went from inside to outside (not that you'd stay anyway), then you'd have the right to mention the additional burden as it is exactly that, additional to the terms you were previously on.

I'd keep it clean and concise, you're either willing to work on these terms and conditions or you're not. It's not about Tax and NI, it's about the rate and the bit that goes in your pocket so personally don't think it's necessary to point out and Tax implications, it's about the rate and whether you're willing to accept it or can negotiate it. How you do the maths in your head should probably stay there to be honest. Like Clockwork Cupcake said, standard rate negotiation.

Edited by Autopilot on Thursday 5th March 13:52


Edited by Autopilot on Thursday 5th March 13:53

Venturist

3,472 posts

197 months

Thursday 5th March 2020
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Autopilot said:
I personally think this was a bad response.

Firstly, have YOU actually been contacted or are you one of many that got the email and it just happens that it's personalised and that your name is at the top of the email? If it's via the scatter gun approach (which lots of the personalised stuff I get is), then they don't care about your opinion, they're fishing for somebody to say they are interested and to start talking with them so you've gone from being a prospect to just closing the door. They aren't looking to negotiate with you, they want somebody to be interested. If this genuinely was directed at YOU then I guess you can state what you want from a deal.

The main reason I say it's a bad response is because as a contractor you will work either inside or outside of IR35. The end client has already set the terms and deemed the role to be inside of IR35 so there is no 'additional' tax burden, those are the standard T's and C's of that assignment. If you were in an existing role that went from inside to outside (not that you'd stay anyway), then you'd have the right to mention the additional burden as it is exactly that, additional to the terms you were previously on.

I'd keep it clean and concise, you're either willing to work on these terms and conditions or you're not. It's not about Tax and NI, it's about the rate and the bit that goes in your pocket so personally don't think it's necessary to point out and Tax implications, it's about the rate and whether you're willing to accept it or can negotiate it. How you do the maths in your head should probably stay there to be honest. Like Clockwork Cupcake said, standard rate negotiation.

Edited by Autopilot on Thursday 5th March 13:52


Edited by Autopilot on Thursday 5th March 13:53
I disagree; the quicker clients establish that the reason they are struggling to find talent is because of their own decisions regarding IR35, the better. Making sure agents are quite clear that that’s the reason for declining is paramount. Agents will feed back to their clients and if the overwhelming message from the contractor base is “no thank you” they’ll be considering changing their tune.

Noodle1982

2,103 posts

108 months

Friday 6th March 2020
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My current client, despite going through all the relevant checks etc, seems to be leaning towards a blanket ban.

My question is, rather than go down the route of an umbrella company can I set up employers NI payments directly from my business income?


Gazzab

21,132 posts

284 months

Friday 6th March 2020
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Noodle1982 said:
My current client, despite going through all the relevant checks etc, seems to be leaning towards a blanket ban.

My question is, rather than go down the route of an umbrella company can I set up employers NI payments directly from my business income?
Many clients will allow an inside contract to be run via your psc - unless it’s a short term contract or you have multiple clients then it’s not worth doing. But many clients will only allow umbrella or maybe paye via their payroll.

Gazzab

21,132 posts

284 months

Friday 6th March 2020
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Well I am now hurrying along the closure of my limited company. Having been between contracts for 8 months, there isn’t much money left (less than likely tax bill). Oh well. It’s been some 22 years of contracting (with a 5 year perm stint in the middle) but it’s just not a sustainable model for me now. So I start an FTC next week. This was the only way I could mitigate the eNI impact. The number of the more senior contracts is low regardless of inside or outside.
Ultimately my tax contributions will be significantly lower (ignoring the 8 months out) even accounting for client paying eNI.

Autopilot

1,301 posts

186 months

Friday 6th March 2020
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Gazzab said:
Well I am now hurrying along the closure of my limited company. Having been between contracts for 8 months, there isn’t much money left (less than likely tax bill). Oh well. It’s been some 22 years of contracting (with a 5 year perm stint in the middle) but it’s just not a sustainable model for me now. So I start an FTC next week. This was the only way I could mitigate the eNI impact. The number of the more senior contracts is low regardless of inside or outside.
Ultimately my tax contributions will be significantly lower (ignoring the 8 months out) even accounting for client paying eNI.
Are you going down the MVL Route?

Gazzab

21,132 posts

284 months

Friday 6th March 2020
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Autopilot said:
Are you going down the MVL Route?
Nope there isn’t any money left and so I think it’s just stop taking salary and dividends, complete year end, calculate tax due, close the company, save for taxes..

Bluedot

3,607 posts

109 months

Friday 6th March 2020
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Gazzab said:
Autopilot said:
Are you going down the MVL Route?
Nope there isn’t any money left and so I think it’s just stop taking salary and dividends, complete year end, calculate tax due, close the company, save for taxes..
Save for which taxes ?

Gazzab

21,132 posts

284 months

Friday 6th March 2020
quotequote all
Bluedot said:
Gazzab said:
Autopilot said:
Are you going down the MVL Route?
Nope there isn’t any money left and so I think it’s just stop taking salary and dividends, complete year end, calculate tax due, close the company, save for taxes..
Save for which taxes ?
I had ‘savings’ in my company and so need to pay Corp tax and income taxes for the dividends etc this year. About 60k I think.

worsy

5,836 posts

177 months

Friday 6th March 2020
quotequote all
My first distribution from my MVL is due today fingers crossed.

Bluedot

3,607 posts

109 months

Friday 6th March 2020
quotequote all
Gazzab said:
Bluedot said:
Gazzab said:
Autopilot said:
Are you going down the MVL Route?
Nope there isn’t any money left and so I think it’s just stop taking salary and dividends, complete year end, calculate tax due, close the company, save for taxes..
Save for which taxes ?
I had ‘savings’ in my company and so need to pay Corp tax and income taxes for the dividends etc this year. About 60k I think.
Don't think you can close the company though can you if you have outstanding tax to pay ?

Clockwork Cupcake

74,958 posts

274 months

Friday 6th March 2020
quotequote all
Bluedot said:
Don't think you can close the company though can you if you have outstanding tax to pay ?
HMRC certainly take a very dim view of it.

Gazzab

21,132 posts

284 months

Friday 6th March 2020
quotequote all
Clockwork Cupcake said:
Bluedot said:
Don't think you can close the company though can you if you have outstanding tax to pay ?
HMRC certainly take a very dim view of it.
Absolutely. No way am I closing it down without having first sent them their Corp tax.

Bluedot

3,607 posts

109 months

Friday 6th March 2020
quotequote all
Gazzab said:
Clockwork Cupcake said:
Bluedot said:
Don't think you can close the company though can you if you have outstanding tax to pay ?
HMRC certainly take a very dim view of it.
Absolutely. No way am I closing it down without having first sent them their Corp tax.
Ah ok, its just you said close company, save for taxes.
Sorted thumbup



Gazzab

21,132 posts

284 months

Friday 6th March 2020
quotequote all
Bluedot said:
Gazzab said:
Clockwork Cupcake said:
Bluedot said:
Don't think you can close the company though can you if you have outstanding tax to pay ?
HMRC certainly take a very dim view of it.
Absolutely. No way am I closing it down without having first sent them their Corp tax.
Ah ok, its just you said close company, save for taxes.
Sorted thumbup
Yep sorry I meant save for income taxes due against the income for this tax year.

hyphen

26,262 posts

92 months

Friday 6th March 2020
quotequote all
Clockwork Cupcake said:
Bluedot said:
Don't think you can close the company though can you if you have outstanding tax to pay ?
HMRC certainly take a very dim view of it.
And once they have finished taking a dim view, what do their powers allow them to do?

cheeky_chops

1,591 posts

253 months

Monday 9th March 2020
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want to pick the brains here - been on a contract 9 months - the client has said they have "assessed" contractors and most are inside so the choice is inside via umbrella or perm. Accountant has said I open myself up to HMRC investigation if I go inside (even though they have said they will be light this year)

The opportunity to go perm has arisen because the only other developer has handed in his notice, leaving April 10th - she thought this would be a fair opportunity to join and not risk or explain to investigation that it was a genuine choice as they need a permie. Thoughts?

aeropilot

34,970 posts

229 months

Monday 9th March 2020
quotequote all
cheeky_chops said:
Accountant has said I open myself up to HMRC investigation if I go inside (even though they have said they will be light this year)
Same applies if you go perm as well (unless perm job title/description/role is different to the one done as a contractor)


Gazzab

21,132 posts

284 months

Monday 9th March 2020
quotequote all
cheeky_chops said:
want to pick the brains here - been on a contract 9 months - the client has said they have "assessed" contractors and most are inside so the choice is inside via umbrella or perm. Accountant has said I open myself up to HMRC investigation if I go inside (even though they have said they will be light this year)

The opportunity to go perm has arisen because the only other developer has handed in his notice, leaving April 10th - she thought this would be a fair opportunity to join and not risk or explain to investigation that it was a genuine choice as they need a permie. Thoughts?
Do you feel lucky punk?
Ultimately it’s all down to personal appetite for risk and acceptance of the impacts should it go pear shaped. I suspect they going perm is less ‘bad’ than going inside / umbrella. If the job role is different then you shouldn’t need to worry.