IR35 Accounted for incorrectly ??
I have recently taken over a couple of clients who work solely for one client, they are HGV drivers who currently work for a sole agency.
They work set hours and are told where to go and what to do, so they are clearly caught within IR35. But heres my problem their previous accountant had not told them about IR35 and was putting through the minimum salary and claiming dividends rather than putting them through on full salary. Now my client is saying that they should be treated as outside of the scope of IR35. How do i go about this now?
My other question is this... am i right in thinking that anyone that is working solely for one client, that is told where to go, what to do, cannot produce a substitute if needed is caught within IR35? It doesn't matter about what industry they are in, or if they have a contract or not?
Sorry if i am sounding thick but IR35 is really confusing me at the moment as i keep hearing different stories.
- Cash basis 337 10
- Statutory sick pay 171 3
- CIMA accountant wants to start consultancy 298 3
- Redundancy payment added to p45 313 2
- Overseas bank interest 179 5
- Contractor accommodation expenses 134 1
- Undeclared rental income 2,029 20
- Kasperskey - home pc 330 4
- Resubmit Corporation tax Return 183 2
- Rental Income Tax Planning 287 4
- Any Scottish members out there? 15,918 589
- Companies house dissolved my company. What do I do now? 1,322 12
- Lorry Drivers 382 5
- Statutory Accounts - Dividends Disclosure Note 252 2
- Is alcohol allowed within the £150 staff entertaining exemption? 1,693 9
- Unincorporated organistion ceasing to exist 157 1
- PRR 598 16
- TMA 1970 - fixed penalties appeals 222 2
- Partially exempt? 329 10
- Method for filing 2013/14 payroll? 274 3
- Skandia using wrong address 537
- FHL, period of grace and Entrepreneur's relief 292
- Does anyone use PS Financials accounting software out there? 288
- Employee rewards 279
- Legislation access for part-time sole practitioner? 252
- Rental Property W&T And Equipment 245
- Gift of reversion and lease into trust by two different people - later PPR 234
- EPS Analysis - Change to EURO 216
- Etax Australian 178
- LLP in Construction Industry 142