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^ TopFirst timers
Am I good enough for contracting?
Contractor Doctor answers a question from a permanent employee as to whether they are good enough to go contracting.
Am I too old for contracting?
A permanent employee considers contracting but is worried if ageism exists in the contract world.
How does contract work compare with permanent work?
Do contractors get stuck with the unattractive work?
Should I quit my job before applying for contracts?
A permanent employee asks whether they need to hand in their notice before applying for contract positions.
How can I avoid a gap when going from permie to contracting?
Advises a reader how to make a smooth transition from permie to contracting without a gap in working.
Can I get part time contracts?
Contractor Doctor offers advice to a permanent employee who is considering part time contracting.
Can I legally go from permanent to contracting at the same company?
Answers the question from a permanent employee on whether they are legally allowed to immediately contract with the same company after leaving.
Can I take my first contract at the company i'm planned on leaving?
Should you accept your first contract at the company you are leaving permanent employment to go contracting?
Should I quit my permanent role before leaping the chasm to contracting?
Discusses the catch 22 of handing in your notice with no promise of a contract in the near future.
Can I go contracting whilst still being permanently employed?
Considering an out of office hours contract whilst still being permanently employed.
^ TopContract search
Can I apply for different contracts with the same agent?
Should you target your CV differently for different roles advertised by the same agent?
Do agents require references before putting forward my cv?
Agents have a right to ask for references. But they probably will put you forward without them at first, and those who insist may not even have real jobs to offer you. You need to sort out the rubbish when dealing with agents
^ TopFinancial set up
Do I need a ltd company or umbrella before looking for a contract?
When should first time contractors get their payment structures set up?
Does choice of umbrella significantly affect take home pay?
Does it make any significant difference which umbrella company you choose in terms of final take home pay after tax?
Can contractors run two businesses from one company?
Contractors have every right to run as many businesses as they choose from their limited companies. There are a few issues they should be aware of.
What's best - permanent for £3.5k or contract for £4k?
Someone is offered £3,500 per month as a permie, or £4,000 per month as a contractor. What's the best deal?
What's the difference between temping and contracting?
There is a clear difference between contractors, temps, and agency workers.
What is my tax situation if I contract for a US company?
Contractors may find themselves offered work by US-based companies. They can accept this without concern, and expect UK working conditions. But the culture gap is something to be aware of.
How should I handle contracting for short periods of a few days?
What's the best way to handle contracting when you work one day at one company, two days at another--and in general you work under verbal agreements for very short terms? A limited company is still the best bet.
Can I claim for pre-incorporation personal expenses?
When first starting out, contractors often find that the paperwork takes time to catch up. Barry Roback, of JSA Group, explains what personal expenses contractors can claim if starting work before incorporating their company.
Can contractors using umbrella companies be caught by IR35?
Does working for an umbrella company enable you to avoid IR35?
Can I get financial protection against an IR35 investigation?
How can a contractor protect themselves financially against an IR35 investigation.
Why can't I use the company canteen?
Contractors can't expect to use the company canteen or to enjoy other employee rights because they risk falling inside IR35. Even small things like this can be important to the Revenue when considering your case.
Does length or number of contracts affect IR35 status?
Does how long you work at a place, or the fact that you have several different contracts affect your IR35 status?
Does contracting on stand-by put me inside IR35?
Accepting a retainer payment for stand-by status has nothing to do with IR35 status.
Does IR35 apply for very short contracts?
IR35 applies to all contracts irrespective of the time period that they run. If you work many short contracts, it is best to have your own contract provided by a lawyer that takes IR35 status into account.
Does charging expenses to your client affect your IR35 position?
Legitmate business expenses can be recharged to clients without affacting IR35 status as long as some simple guidelines are followed.
If the client requests me personally, am I caught by IR35?
Many contractors who are the leaders in their field find themselves working for clients who will accept no substitutes. But this does not mean that the contractor is within IR35.
How do holidays work when contracting?
How do you take time off when contracting?
How much income should I save for holidays and sickness?
Advises a first time contractor how to account for holidays and sick days.
Can contractors take holidays when they want to?
This client has told the contractor that they cannot take off any time for holidays over the summer at all. Can they legally do this? Where does the contractor stand?
Can I go contracting even though I might become unwell?
Under normal conditions, contractors don't get sick pay. But they can get insurance that will cover days lost to illness, assuming they aren't missing work due to a pre-existing condition.
Can I be forced to take time off for xmas?
Unless your contract specifies that you are expected to have periods of suspension, there is no reason why you should be obliged to take time off.
Can I claim maternity pay benefits from my umbrella company?
Contractors who meet the qualification criteria can claim a range of maternity benefits from their umbrella company, explains Derek Kelly of Parasol.
Should a self-employed contractor get holiday pay?
Contractors engage in a business-to-business relationship with their clients. So, they are not employees and do not get paid holiday pay.
When is tax payable on declared dividends?
Answers a contractors question about when taxation is paid on dividends.
Do I have to pay employers and employees NI when using an umbrella?
The amount of NI contributions you pay depends on your IR35 status and how you decide to structure your financial affairs.
How do I work for a us-based company from the uk?
Contractors have every right to run as many businesses as they choose from their limited companies. There are a few issues they should be aware of.
How do umbrellas calculate contractors’ national insurance
When contracting inside of IR35, employer's National Insurance contributions are calculated on the gross income billed to the client.
How can I account for overpaying my dividend?
Phil Richards of Blevins Franks accountants explains to contractors how to account for an overpaid dividend.
Do I have to pay tax and NI on my minimum wage earnings?
Contractors who work through umbrella companies have to pay some tax and NI on minimum wage earnings, as Derek Kelly of Parasol explains.
Can I pay back an HMRC tax refund in instalments?
Contractors who get tax refunds should think before spending the cash as they may owe money to their company and HMRC, explains Phil Richards of BFCA.
How do I work out my NICs when I leave my job to be a contractor?
Many employees are choosing contracting as an alternative career choice and want to keep their NICs in order. Phil Richards of BFCA explains how.
Can expenses be claimed for entertainment?
Answers a question from a reader about the rules for claiming entertainment expenses.
Is it acceptable to ask for relocation expenses?
When the contract being offered involves working abroad where do you stand with regard to charging relocation expenses?
Is renting a home near the contract site an allowable expense?
Contractors who rent a place to live near where they are working can deduct almost all expenses if the accomodation they are renting isn't their principal place of residence.
Does taking a break get around the 24 month contractor expenses rule?
Answers a contractor's question about the 24 month expenes rule and explains the rules in detail.
Can you clarify the 24 month expense rules?
A contractor requires some clarification on the 24 month expense rules. At what point does the rule kick in, and can the 24 month clock be reset with a new contract?
After 24 months at a client site, do travel expenses get repaid?
You do not have to repay travel expenses when you work more than 24 months at a client site.
Does contracting for different clients at the same location affect the 24 month rule?
Contractors can change clients at the same location and ‘reset’ their 24 month rule expenses status, but only under certain conditions.
Can I claim food expenses and without receipts?
A contractor enquiries if they can claim for unreciepted food expenses.
If I contract at a former employers can I claim for travel?
Should your former employer offer you a contract, you still have all the rights contractors are entitled to. But you have to be very careful about IR35.
Can I claim training expenses for an open university course?
Contractors can claim for training under some circumstances, but many types of training and skills development are excluded by HMRC, explains accountancy expert David Colom.
Can I claim expenses for buying a second home closer to my client?
Many contractors spend time away from home in a rented flat to be closer to their clients. Rental costs can be claimed but when you buy a second property, it is more complicated.
Can I give myself a tax-free long service award?
Contracting and contractors have been around for a few decades now. Does this mean contractors may pay themselves tax-free awards for long service?
What are Schedule E expenses?
Contractors can claim Schedule E expenses via their umbrella company or contracting limited company to reduce the amount of tax and NICs they pay.
Can I claim Statutory Maternity Pay from a contractor ltd company?
Contractors can pay themselves Statutory Maternity Pay from their contracting limited company and reclaim costs from HMRC, says BFCA’s Phil Richards.
Can I claim for regular lunch and food expenses?
Contractors based at client’s offices can claim subsistence expenses for food and lunches if they keep receipts, explains Steve Crouch of Crunch.co.uk
^ TopAgency Negotiation
What is an acceptable agency margin?
What is an acceptable margin, how it is calculated, and should you even negotiate it?
How can I renegotiate a smaller agency margin?
Getting a higher rate by reducing a very high agency margin.
Are agencies legally bound to reveal contract margins?
When negotiating rates, it is useful to know the margin the agency is charging. But do they have to tell you?
Are advertised contract rates a good guide to market rates?
Do the advertised market rates give a good indication of rates in the market?
What is the 'fake contractor' tactic to bypass the agencies?
Is it possible to get client information from an agent, then bypass the agent and go direct for a higher rate?
Contractor Doctor:My agent is refusing to amend my contract – what are my options?
Agencies are often reluctant to change standard contracts as they see this as an unnecessary cost. However, contractors do have options.
How can I convince my agent to cut their margin and pay me more?
The vast majority of agencies negotiate fair deals, but what can a contractor do if they suspect their agent is taking too high a margin?
Can I renegotiate a poor rate mid-way through the contract?
Contractors can ask for higher rates during a contract, but prospects of success depend on their negotiating position says Roger Sinclair of Egos.
^ TopDisputes with Clients/Agencies
Am I legally obliged to train the client's staff?
Contractors do not have to provide services over and above those agreed in the contract, and clients cannot expect contractors to do so.
Are restrictive contract clauses enforceable?
Are clauses restricting working directly with the client enforceable in a court of law?
Can agencies change the rate of pay mid-contract?
This agency is trying to change the rate due to a contractor on a contract that is already in force. They have no legal right to do this. Contractors shouldn't stand for it.
How can I deal with an overseas agency who won't pay?
Contractors who work overseas can get help from industry organisations. But legal protection is better.
Can I contract direct if the agent is uncooperative?
If an agent who has contracted with you in the past refuses to handle your contract renewal, go straight to the client.
How can I chase a large debt - over £50k?
An agency has failed to pay a contractor for three months and owes them £50K. It's not a small claim, under £5k. We explain the process for collecting the money.
I’m 3 weeks into a new contract with no pay – what should I do?
Contractors experiencing payment problems can take formal action, but it’s best to discuss the problem with the agency and client first.
Did I breach the contract by leaving early?
If your contract doesn't permit termination, you have to stay the time. Leave early and you could be liable for damages.
My agency has stitched me up – what can I do?
Agents are out to get the best deal for themselves. So are contractors, who must take steps to make sure bad things don’t happen to good contractors.
Can my agent lock me into a low rate?
Restrictive convenants often figure in agency contracts. But the agent cannot use them as a bargaining tool.
Can the client use threat of termination?
Clients shouldn't pressure contractors with threats of termination but in case they do, contractors should have their 'escape pod' of proof of delivery prepared.
Can I sue for a a last-minute contract cancellation?
If the client cancels at the last minute, you probably have the right to get some money for the time and effort you've made.
Can I sue the agent for failing to give notice?
If your agent doesn't respect the terms in your contract regarding notice, you still get paid. But you should be careful not to overreact and breach the contract yourself.
Can the agency hold my payments for ransom?
Can the agency hold your payment in an effort to bargain with you? The short answer is: definitely and absolutely not. Also, restrictive covenants can never last for an indefinite period.
Can clients withhold payment over disputes about equipment not returned?
Clients do have the right to claim compensation from contractors who lose equipment but, as David Royden of Laytons Solicitors explains, they cannot withhold payment.
Can my client force a rate reduction during the contract?
This client is trying to change the contractors rate on a contract that is already in force. They have no legal right to do this, and contractors shouldn't stand for it.
How can I deal with staff who keep asking me for expert advice?
Sometimes clients expect you to train their staff as part of your contract. If you had never agreed to this then you don't have to - but you could turn it into an opportunity.
Can an agency sue me because I went to the client direct?
Contractors can tread a fine line in their relationship with agencies and are not always in the right, as Roger Sinclair of Egos explains.
Can my client replace me with cheap labour from outside the EU?
Clients looking for cost savings can be tempted to terminate local contractors for cheap imports from outside the EU, but it often costs more.
I am being harassed by a client’s employee – what are my rights?
Contractors have no employment rights but, according to David Royden of Laytons Solicitors, the do have the right to a healthy and safe workplace.
Can my client force me to work fewer hours than my contract says?
Is the client in breach of contract by forcing a contractor to take time off? It depends on the contract’s small print, says Roger Sinclair of Egos.
Client and I disagree over my contract end date – who is right?
Contractual terms are disputed, but contractors who effectively manage their paperwork have no cause for concern, says Roger Sinclair of Egos.
Are restrictive covenants enforceable on overseas contracts?
It is commonplace for UK contractors to have a restrictive covenant in their contract with an agency, but can this be enforced outside of the UK?
Can clients cancel confirmed shifts without notice & compensation?
Some contractors working on short term freelance contracts don’t have a signed contract in place, leaving them in a vulnerable position.
Can my agency refuse to pay an approved and signed timesheet?
If a contractor has a signed timesheet from their client, and with no complaints, the agency must generally pay up, says Roger Sinclair of Egos.
My client was taken over – can the agency change my contract?
Mergers and acquisitions resulting in clients changing ownership are commonplace, potentially meaning early terminations or renegotiations.
Should I accept an early contract renewal offer?
A contractor asks advice about renewing a contract 2 months early with no rate rise.
How often should I change contracts?
Contractor Doctor explains the factors when considering how long to stay at a client site.
Can I change contract terms to be outside IR35 during a contract?
Changing contract terms to be outside IR35 during an existing contract.
Is it possible to negotiate a rise when there are 'no rises'?
Aspects to consider when the client says they will not pay more money.
How can I avoid late contract renewals?
Contractors should politely pressure agents and clients to ensure that they don't get too short contracts or too short renewals.
Can my agent force a margin increase on renewal?
Agents like to force through margin increases when contract renewal time comes up. They have the right to try to do this, but they cannot oblige you to do it.
I've signed a terrible deal. what can I do?
If you sign a bad contract, there is little to be done about it. But you should hear warning bells when the agent asks for certain things. And there may be some help you can expect from the client.
Can the agent renew my contract automatically?
An agent cannot renew your contract unless there is a clause in it that allows for automatic renewal.
Can my umbrella and agency change my payment terms without my agreement?
Contractors are safe from mid-term contract changes, but renewals can be used by all sides to improve their position, says Roger Sinclair of Egos.
^ TopFinishing contracting / Termination
Is it worth going permanent after contracting?
Advice to a contractor who is considering accepting a permanent position at the company where they are contracting.
Can I leave early even without a termination clause?
Advises an unhappy contractor how to get out of a contract without a termination clause.
Can clients terminate you before the contract ends?
This agency sent a contractor home a week early and threatened to refuse a reference if the contractor didn't go. The contractor can sue for the full value of the contract, and he can even take action about the reference.
Can I claim Job Seekers Allowance if I have a limited company?
Out of work contractors who use their own limited company for contracting can claim Job Seekers allowance but this can complicate their tax situation.
Can I claim payment protection working for an umbrella company?
When a contract is terminated, umbrella company contractors remain employed and can’t claim payment protection, explains Derek Kelly of Parasol.
^ TopRevenue Investigations
Can I avoid an HMRC investigation if I close my limited company?
HMRC can still investigate contractors who have closed their contractor limited company, but retroactive IR35 cases tend not to succeed.