[Gllug] [JOB] - Perl developer in Linux environment

[Aaron Trevena]

On 10/11/06, Jason Clifford <jason at ukfsn.org> wrote:
> On Fri, 10 Nov 2006, paul at ma1.se wrote:
>
> > If I'm not mistaken IR35 only applies if your are just tied to one "job"
> > or "customer" who is in fact your "employer." If you are a genuine
> > freelancer with a range of customers and contracts then it doesn't apply.
>
> You're wrong. You are under IR35 if the inland revenue say you are and
> the definitions are so vague that it's down to the individual inspector to
> decide and most of them are clueless idiots who incorrectly apply the
> rules on just about everything.
>
> Just having more than one income source is not protection against IR35.
>
> If your contracts are the usual type - ie you are not on a piece work
> contract - you are likely to be considered as under IR35 by my
> understanding.

I think it's somewhere in the middle.

Basically it's the duck test - if you act and look like an employer
then they consider you one. That is poorly defined, but you can get
insurance and contracts that make it nice and clear.

A.

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