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is my client inside IR35?

My client has a limited company. 

They have one contract working as a nurse. They are self billed by agency.

 I think they are inside IR35 and need to have their Ltd company pay them via the payroll.

do you agree?

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By Matrix
19th Feb 2019 22:13

Is it a public sector contract?

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to Matrix
19th Feb 2019 22:26

The contract is with an agency but work is a nurse in a prison

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By Matrix
to Martin39
19th Feb 2019 22:56

Well if it is in the public sector then the IR35 risk is with the prison, if assessed within IR35 wouldn’t payroll taxes already be deducted by the agency under the off payroll rules?

If it is not in the public sector then your client will need to make the determination, I would not assume that the contract is within IR35 but I haven’t seen the contract. It will be necessary to get a contract review if not too late and look at how the contract is operated on a day to day basis.

If you do not have sufficient expertise then get an expert involved such as QDos.

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to Matrix
20th Feb 2019 11:03

Agreed, though I would also add that it is not just the contract but the "facts on the ground", i.e. the actual day to day working arrangements.

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By Matrix
to Red Leader
20th Feb 2019 16:08

I have no idea why you feel the need to add this, given I already had advised that the day to day practices need to be considered?

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to Matrix
20th Feb 2019 17:37

Pardon me for posting.

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