(no title)
varispeed | 2 days ago
Where you have been inaccurate, since you asked: you claimed IR35 does not apply to self-employed workers as though that were a meaningful distinction. You claimed number of clients determines IR35 status. It does not. Each engagement is assessed individually. You presented plumbers as categorically outside IR35 by nature of their trade. They are not, as above. You have consistently described IR35 as a simple checklist when it is an engagement-by-engagement assessment triggered by the ownership structure of the supplying company.
You say "three different types of contract create different working structures." The working structure is the day-to-day reality of how the work is performed. Three people doing the same work, at the same desk, on the same equipment, during the same hours, for the same client, have the same working structure. They have different contracts because the law imposes different requirements depending on who owns the company supplying the labour. The contract is the product of the legal framework, not the other way around.
You say the law is trying to "ensure an employer/employee cannot reduce the tax they pay." A worker running their own company is not an employee reducing anything. They are a business owner retaining the value of their own labour. The legislation starts from the assumption that a worker's natural state is employment and their company is an artificial structure to be looked through. That assumption is never applied to any other type of business. Nobody asks whether a consultancy's corporate structure is artificial, or whether its employees would be the client's employees "if engaged directly." The question is only asked when the worker owns the business, because the underlying assumption is that workers do not legitimately own businesses - they merely operate through them. That is the class assumption I have been describing from the start.
Same question, still unanswered: why is the test scoped by ownership of the supplying company rather than applied universally?
scott_w|2 days ago
No I didn’t. I wouldn’t make this claim because I asked an accountant exactly this question 8 years ago, so I know this is not the case. Clearly you can’t read so it’s a waste of my Friday night trying to argue with someone who insists on being wrong and displays no reading comprehension.
> Same question, still unanswered: why is the test scoped by ownership of the supplying company rather than applied universally?
One last time: because it’s not. We have literally just discussed the plumber example where, depending on the customer, working contract, etc. you agreed with me that IR35 scope is not applied based solely on the ownership of the company. I really do not know what to say any more. You are asserting two opposing things are true at the same time.
varispeed|1 day ago
On the plumber: I did not agree with you. The plumber's company is in scope of IR35 precisely because the plumber owns it. That is the ownership trigger I have been describing throughout. Who they deliver services to determines whether they can self-declare their status or whether the client performs the determination. That is a procedural question about who makes the assessment, not about whether the regime applies. The regime applies because of ownership. A large plumbing company sending an employee to do the same job, at the same location, under the same conditions, never enters this framework at all.
These are not two opposing things. The ownership structure is what brings the regime into existence. The nature of the client determines who performs the status assessment. You are confusing the two and presenting that confusion as a contradiction in my argument.
You have now resorted to questioning my reading comprehension rather than answering the question. The question remains: why does this regime target worker-owned companies specifically, rather than applying a universal status test to all companies supplying labour in identical conditions?