IR35 when going from Perm to Contract
IR35 when going from Perm to Contract
Author
Discussion

jimothy

Original Poster:

5,151 posts

260 months

Monday 15th August 2005
quotequote all
New movement in my becoming a contractor...

My current employer is suggesting I stay but as a contractor not a permy on a potentially higher rate than the new contract would have been on!

Are there any problems with regard to tax when doing this? I've heard it causes a few IR35 issues.

Cheers

Eric Mc

124,754 posts

288 months

Monday 15th August 2005
quotequote all
Big topic.

IR35 can be a problem but careful wording of contracts backed up by adherence to the terms of the contract should ensure that the dangers and pitfalls of IR35 are avoided.

Don't forget, IR35 only applies if you are operating through your own limited company (a Personal Service Company in Inland Revenue speak). It does not apply if you are working for yourself in your own right.

Drop me an e-mail if you want any further details.

>> Edited by Eric Mc on Monday 15th August 12:05

iaint

10,040 posts

261 months

Monday 15th August 2005
quotequote all
You might struggle with moving from perm to contract with the same company as it's one fo the key things IR35 was supposed to catch.

Having more than one source of income i.e. another project/contract would be a good route to avoiding the tax.

You might struggle with moving from perm to contract with the same company as it's one fo the key things IR35 was supposed to catch.

Having more than one source of income i.e. another project/contract would be a good route to avoiding the tax.

PCG (Professional Contractors Guild) are very active in fighting IR35 and have retained legal bods and experts to advise members on this and loads of other contracting issues. I should get round to joining really!

Iain

>> Edited by iaint on Monday 15th August 12:39

Eric Mc

124,754 posts

288 months

Monday 15th August 2005
quotequote all
Does this new proposal involve you having to set up your own limited company?

jimothy

Original Poster:

5,151 posts

260 months

Monday 15th August 2005
quotequote all
Eric Mc said:
Does this new proposal involve you having to set up your own limited company?


Either setting up my own, or using an umbrella company...

Eric Mc

124,754 posts

288 months

Monday 15th August 2005
quotequote all
OK.

With your own limited company, IR35 considerations are VERY important.

>> Edited by Eric Mc on Monday 15th August 13:31

jimothy

Original Poster:

5,151 posts

260 months

Thursday 18th August 2005
quotequote all
Looks like I'm not staying here so shouldn't have any problems.

Thanks for all your help guys!