Whether or not a contract of employment exists

[popeye]

I concerns mainly ECAA category but can be helpful for others as well.
Nice articles ...long to read though.

Whether or not a contract of employment exists

http://www.egos.co.uk/cases_index.htm

http://www.accaglobal.com/publications/ ... e/47/22626

http://www.clearlybusiness.com/finance/tx_ir35.jsp

http://www.egos.co.uk/IR35_detail/ir35_detail_subst.htm

http://www.dti.gov.uk/er/emar/emar6.pdf

http://www.facs.gov.au/research/prp15/sec5.htm

http://www.hmrc.gov.uk/pdfs/nico/ca25.pdf

http://www.lawspeed.com/ir35/IR35_cases.htm

http://www.lawreports.co.uk/ICREdateview.htm

http://www.stagesafe.co.uk/freelancers.html

Sample Contract for Freelance StageWorkers
http://www.stagesafe.co.uk/contract.pdf

New Economy Model

http://www.cf.ac.uk/socsi/publications/ ... aper46.pdf

[John]

Popeye, I shall not have time to read through all your links but in dragging IR35 into the question inferred by your heading "Whether or not a contract of employment exists", is a total misreading of the IR35 legislation.

Simply IR35 is not about proving the existence of a contract of employment, it is about proving whether it is right to deem there to be a contract of employment, and if such deeming does occur then there are tax consequences following on from that.

Exactly what is it that you are trying to show here?

[popeye]

http://www.egos.co.uk/cases_index.htm

Whether or not a contract of employment exists


Sorry, maybe I did not make it clear but this is really what concern people under ECAA or other business categories.
I am simply trying to tell people to be aware of the policy that HO is applying there under the scheme and to stay as far as possible from agency employment.
Anyway...IR going to introduce new law for contractors and trying to sort out the mess in the construction industry and how they apply the Self-employed people guides. The real problem is that even Inland Revenue can't decide clearly and questioning the status of the Self-employed
"However, it would appear that it is successfully denying self-employed status by exploiting the lack of knowledge of both taxpayers and their advisers."
, this is an old article but from there you can find out what is my idea.
http://www.accaglobal.com/publications/ ... e/47/22626
HO will apply the Inland Revenue Guides to the ECAA Scheme and this is the real problem because even Inland Revenue Officers having difficulties clearly separating the Employment from Self-employment and What about the IND workers ....What knowledge they have ???

HO can only refuse ECAA FLR or ILR if there is a breach of the condition or
Any of the ECAA Visa holders should try to be as clear as possible in the Caseworker eyes. This is the only real treat to ECAA scheme and how HO is applying the Inland Revenue Guides. In onother forum board have been mentioned that agency have been advised not to take any ECAA contractors in any case. An agency worker stated that there are more than 350-400 people affected in just one agency. So they have to replace nearly 400 people under ECAA Scheme with people from EC and again this is just one agency for supplying contractors.
Unfortunately some people think that HO will continue with the soft approach even after the ECAA scheme scandal and what happened in 2004 and Beverly Hudges.There is a big backlog in the HO IND in Shefield Under the ECAA scheme more than 8000 people are still waiting decision and this in some cases nearly two years. I am not sure what makes the ECAA department in Sheffield so slow but seem that many of us going to be stuck in the waiting period for long, long time.
Thanks John