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.
- Excessive Security 566 25
- VAT Bad Debt Relief 71 2
- I know this has been done to death but IRIS / DIGITA / CCH??? 372 7
- Tax rebate under PAYE, no p60? 32 2
- Generic PAYE notices 207 6
- Ltd company or sole trader 234 9
- Cross Border VAT Reclaims 182 5
- Disengaging a client who uses our office as a registered office address 611 14
- Fee protection 229 8
- LLP classification of division of profit 137 4
- Changes in NHS pensions 185 1
- Free Agent data? 197 3
- Reusing dissolved company name? 157 2
- deductions for OMB companies 194 3
- Stopping trading and de-registering for VAT 175 4
- Insolvent Liquidation 117 1
- insolvency ip control 165 1
- Capital Allowances on Furnished Holiday Lets Business 144 3
- Mature student with NO GCSEs or A levels but with very solid 2:1 degree, needs help? 551 9
- What tax rules apply to oversea representative office employees in UK? 94 1
- Xtuple 480
- Qtac payroll for bureau 323
- Confused - Professional Association a Mutual trader, or not? 270
- Industrial & Provident Societies 260
- Data transfer from Sage Line 50 to VT Transaction+ 202
- Mehjoo 198
- VAT on commission from Oyster card top up, lottery & paypoint 167
- New strategic report 161
- South African Government Pension 138
- Domain name sale and limited company 137