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(Disclaimer: not a tax expert or an accountant, but I have spent too many hours researching this stuff as it applies to my own situation.) IR35 only applies wh
by sveiss 14y ago
(Disclaimer: not a tax expert or an accountant, but I have spent too many hours researching this stuff as it applies to my own situation.)
IR35 only applies when there's an intermediary -- usually when you're providing services via a limited company, then taking dividends at the lower tax/NI rate instead of a salary.
If you're self-employed and contracting with a foreign company, then IR35 can't apply (or so I was told when I spoke to HMRC to ask precisely this question).
Now, HMRC could decide that it's not a true self-employment relation. In my case (self-employed, working remotely for a company in the US, limited degree of control by engager, purchasing my own equipment, bearing the risk of invoices not being paid) I think there are enough factors to make it a true self-employment relationship and HMRC's online questionnaire agrees.
Even if you were contracting through a limited company, if you met the self-employment test you'd probably meet the IR35 test when operating through a Ltd. I'd prefer not to risk it -- which is why I went the self-employment route.
- mattmanser 14y agoIf you're self-employed and contracting with a foreign company, then IR35 can't apply I guess that makes senses now thinking about it. I really hate IR35, there's so much grey area.
- junto 14y agoThere are some pretty good IR25 proof legal contracts out there. The key is to have a contract that defines your independence and that the way in which you operate with the client is very unlike that of an employee. Good examples are the ability to choose when and where you work, that you can work for other companies at the same time, and the fact that you use your own resources: http://www.contractoruk.com/contracts/wary_consultancy_contract.html http://www.contractoruk.com/contracts/wary_consultancy_contr... For more information, and where to find a good lawyer who can firm up such a contract, try http://www.contractoruk.com/ir35/ http://www.contractoruk.com/ir35/