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Contractor Doctor Q+A: Page 2

Contractor Doctor: Can I claim shared parental leave through my umbrella company?
Umbrella company contractors can claim shared parental leave from their service provider, if they are eligibe, says Parasol's Kerry Harvey.

Contractor Doctor: Why are agencies requesting National Insurance (NI) numbers?
Contractors asked to provide personal information such as NI numbers must do so, as it is unlikely to affect their status.

Contractor Doctor: Am I good enough for contracting?
Supply and demand drives the market for contractors and those with transferable in demand skills and experience will always be able to find contracts.

Contractor Doctor: Does hiring other contractors put me outside IR35?
Contractors hiring other contractors to help complete a contract may be genuinely substituting and so outside.

Contractor Doctor: Can umbrella companies withhold holiday pay for days not taken?
Umbrella companies, like any employer, should pay holiday pay, but employees should also take holidays, says Parasol’s Juliet Byrne..

Contractor Doctor: Do contract terms still apply if I start the contract early?
Contractors requested & agreeing to start work on a contract early are likely to find that all the terms will apply, explains Roger Sinclair of Egos.

Contractor Doctor: Do I need to give notice if there is no written contract?
Contractors can’t just quit a role, even if there is no written contract. There may be an implied termination clause, explains Roger Sinclair of Egos.

Contractor Doctor: Can I employ my children via my company?
Limited company contractors can employ children over the age of 13, but there are marginal tax benefits & many pitfalls, says InTouch’s Clare Rickman.

Contractor Doctor: How can I stay under the VAT threshold when using subcontractors?
Contractors working on one-off major projects that require sub-contracting may be able to avoid registering for VAT, says Abbott Moore’s James Abbott.

Contractor Doctor: Can I withdraw personal cash from my limited company bank account?
Contractors can use cash from their limited company bank account but must maintain a paper trail of expenditure, explains Abbott Moore’s James Abbott.

Contractor Doctor: Do I have rights if my contract’s terminated because I’m pregnant?
Limited company contractors terminated due to pregnancy can sue for discrimination, but there’s a tax sting in the tail.

Contractor Doctor: My client is offering employee-style perks – should I accept them?
Contractors should avoid including any elements in their contract that might suggest they are disguised employees, and may be affected.

Contractor Doctor: Contract says ‘in IR35’, working practices are out: what’s right?
Contractors with a 'caught' contract may have working practices that put them clearly outside, but the trick is to provide proof.

Contractor Doctor: I have paid IR35 taxes for seven years. What are my options?
Contractors caught for many years can adopt strategies enabling them to regain control of their career and stop paying too much tax.

Contractor Doctor: Can I use a doctor’s sick note to defend against contract breach?
Contractors unable to fulfil a contract due to illness will find a sick note from a GP won’t defend a breach, but the contract may be ‘frustrated’.

Contractor Doctor: Should I opt out of the Conduct Regs or AWR after a contract win?
Contractors new to contracting can get confused between different sets of regulations, when they apply and whether there is an option of opting out.

Contractor Doctor: Can I claim expenses for building an office in my garden?
Contractors claiming the cost of building an office in their garden may save VAT & tax, but complications may arise, says Abbott Moore’s James Abbott.

Contractor Doctor: My spouse has a short-term contract. Should it go via my ltd co?
Contractors should consider the implications before allowing their spouse to contract via their limited company, says Abbott Moore’s James Abbott.

Contractor Doctor: How do I handle hostility from my client’s permanent employees?
Contractors countering hostility from their client's employees can adopt a range of strategies to help defuse the situation.

Contractor Doctor: Do I owe my agency damages after it terminated me for being ill?
Contractors unable to fulfil their contracts due to illness may not necessarily be liable for breach of contract, explains Roger Sinclair of Egos.

Contractor Doctor: Is my agency’s restrictive covenant valid after losing PSL status?
Contractors may have grounds for disregarding a restrictive covenant if a former agency makes threats to withhold payment, says Egos’s Roger Sinclair.

Contractor Doctor: Can I receive a tax-free redundancy payment from my ltd company?
Contractors can’t use redundancy or termination payments to take cash tax efficiently from their limited company, says James Abbott of Abbott Moore.

Contractor Doctor: I can’t pay my tax bill to HMRC – what are my options?
Contractors who have spent the money put by to pay their company’s tax liabilities may be facing liquidation, explains Mike Simister of Lines Henry.

Contractor Doctor: Does signing a new contract after one goes cold put me in breach?
Contractors whose contract terms are changed by an agency are unlikely to be in breach if they accept another contract, says Egos’s Roger Sinclair.

Contractor Doctor: I’m being bullied to join a teambuilding day, what’re my options?
Contractors face greater risk if forced to attend client teambuilding events and clients may be liable for bullying.

Contractor Doctor: Can I start a contract when on gardening leave?
Employees on gardening leave and considering contracting should check their employment contract first or they may risk breaching its terms.

Contractor Doctor: Should my umbrella company still pay me when my contract ends?
Contractors at the end of their contract may be due further payments by their umbrella, and may also qualify for benefits, says Parasol’s Derek Kelly.

Contractor Doctor: How do I account for overseas subcontractors?
Contractors should pay overseas suppliers broadly the same as they would treat a UK-based supplier, maintaining a paper trail of the transaction.

Contractor Doctor: Do I have to take action about the new tax-free childcare scheme?
Contractors with children may benefit from the 2013 Budget’s tax-free childcare scheme but need take no action, says Abbott Moore’s James Abbott.

Contractor Doctor: Is lending money to my limited company a tax efficient investment?
Limited company contractors lending their company money are unlikely to be in a better tax position than if paying themselves salary and dividends.

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