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.
- Any Scottish members out there? 7,586 283
- planning to be self employed bookkeeper what do i need to do before i start? 139 2
- Disclosure of pending convertible loan notes? 209 10
- Standard 'email' template system 869 14
- New Client in dispute with old accountant 451 9
- Shutting down a company with creditors 1,020 14
- How to complete annual VAT return online? 211 4
- Irish VAT Deferred payment 78 1
- Circular shareholding 223 6
- Starting as sole trader from abroad 182 6
- business card address 290 8
- VAT relief eligibilty for charity buying minibus 210 2
- Declined for business bank account 208 4
- Loan to a related company 97 1
- Artificially reducing profits by bonus accrual 652 26
- Repairs after a rental business ends 329 10
- Can anyone recommend a good document scanner? 254 8
- property rental income split 121 1
- Expenses of overseas employment 133 2
- UK RESIDENT IN RECEIPT OF USA PENSION 104 1
- Raiders of the Lost Tax File 1,112
- Chartered Accountant in County Down N.Ireland 365
- IPP (International Pension Plan) income 300
- National Insurance 269
- valuation of intangible asset FRS10 and FRS20 239
- Payments on account coded out?? 228
- Cass 5 FCA Client Money Software recomendation 220
- Non Resident 186
- Franchise income and costs 175
- Unnecessary S9A Enquiries 173