Starting up in interim role?

[ApuskiDusky]

Hi all,

I've just been made redundant whilst on my mat leave, and by some miracle, my company's main competitor is looking for someone to do my old role as an interim. Luckily I have no competitor clause in my redundancy. I've still to have a final interview, but so far it's looking good. The length of the assignment is open-ended.

I don't want to ask them about what I have to do to sort myself out because I don't want to look like an amateur - but I have no real idea of what I need to do.

I guess I need to register as self-employed - with who? And I don't know if I am likely to fall within the IR35 (?) rules.

Can anyone help me with the basics, or point me in the direction of a good online resource for this stuff?

TIA!!

Ignore IR35

Have a look at this...
cgi3.ebay.co.uk/ws/eBayISAPI.dll?ViewUserPage&userid=talkinpeace
the links and general information are generally applicable....

Wow Talkinpeace, thanks for that, I shall get reading. It's a whole new world!

It sounds unlikely that this would be a true self-employed position. If they are willing to take you on on a self-employed basis that is fine to some extent (the risks are mainly theirs), although watch out for any dodgy terms in the contract where they may try to require you to reimburse them for any tax or penalties they may have to pay.

If they want to do this through a Limited Company then yes IR35 will raise its ugly head. The Professional Contractors Group is a good place for background reading.

Anchovy

Andrew Marr has just been outed as being freelance, on £27,000 a month (yes, month) with the BBC.
He works for them every Monday morning to fit round the schedules and yet he gets away without IR35.
THe most recent IR35 case (on mutuality) I suspect has pretty much killed it stone dead.

Thank you for the link mranchovy, looks very helpful. I tink you're right that I'll need to check the contract carefully if I am offered this.

I saw the case on the IR35 TalkinPeace - looked like the tide had turned from quite a few that had gone the other way. It does all sound ridiculously ambiguous.

lkinPeace2

I would imagine that Andrew Marr is self-employed in his engagement with the BBC not operating through a company and so IR35 which only applies to companies is not an issue.

Yes HMRC have consistently failed to win IR35 cases which have been strongly defended. I would imagine that in each one of those cases the contract was drawn up very carefully to avoid the IR35 trap. You cannot infer from this that a contract that is not carefully drawn up will therefore avoid the trap.

Talkinpeace do you have any potential IR35 clients? Are you advising them with your PII on the line that they don't need to worry about contract drafting any more?

MrAnchovy
No, I'm not mad!!!
I get the affected clients to join the PCG, make full use of their contract drafting services
AND make sure they work for three clients in any year.

Jonathon Ross' contract with the BBC went through his company, as did John Birt's when he was director general
Let alone the Council and NHS honchos who take redundancy from one, set up a company and work for the one next door.

The most recent one was NOT the worlds best contract. What clinched it was the emails showing staffers got paid on quiet days and the "IR35" guys got sent home without money.

Would either of you recommend working with Competex or SJD Accountancy in starting off on this? Alternatively I know a few engineering contractors so could ask who they use.

I suspect the most likely scenario is I do this interim role for maybe 6 months, then do some more ad hoc consultancy project work with different clients.

What, recommend a competitor?

Seriously, the two companies you mentioned are specialists in this niche area, so I can't knock what they do.

The one thing I would check if you are going down the Ltd Co/Anti IR35 route is that their IR35 contract review is rock solid. As far as I am aware most firms outsource these reviews to a company called Accountax who have a reputation that is second to none for getting it right and standing by what they say, but some firms may try to cut costs by doing it in house.

I recently joined SJD, they gave me so much free advice on the phone, formed my company in a few hours. They checked my contract in house to see if it fell within IR35, which it did, they told me how to get the contract changed. The changes have saved me so much money in tax. They met me as well for free and now I have my own accountant, who I can contact within office hours for free, which is so helpful. So far I can't fault them. Its been so much less stress than I thought becoming a contractor.

Thanks Jessica, that's good to hear.

And thanks again mranchovy, I'll look into Accountax as and when I get into IT35 discussions.

Just need to get the job now!