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Contractor Doctor Q+A: Page 4

Contractor Doctor: Is it worth paying Benefit in Kind (BIK) tax for some benefits?
Contractors can calculate the benefit in kind (BIK) tax for company benefits before deciding how to pay for them, says Abbott Moore’s James Abbott.

Contractor Doctor: Can I buy a tax deductible iPad or Android tablet?
Contractors can claim a tax deduction for the cost of an iPad or Android tablet if it is primarily for business, says Abbott Moore’s James Abbott.

Contractor Doctor: Can I bypass an agency offering unfair terms?
Contractors may be able to bypass an agency which is offering unfair contractual terms and refusing to negotiate, explains Roger Sinclair of Egos.

Contractor Doctor: Can my agent withhold £10k based on 17-year-old restrictions?
Restrictive clauses appearing to stop contractors contracting direct may not apply if they pre-date the Conduct Regs, says Roger Sinclair of Egos.

Contractor Doctor: How do I supply a tax clearance certificate?
Contractors may be asked for a tax clearance certificate to avoid paying foreign tax on their earnings or to confirm that their business is compliant.

Contractor doctor: 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.

Contractor doctor: 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.

Contractor Doctor: Can my limited company pay for counselling?
Contractors can pay for certain types of counselling without attracting a Benefit in Kind tax charge or employer’s National Insurance Contributions.

Contractor Doctor: Can I run my contracting business through two different companies?
Contractors can trade through two different limited companies but there are tax, cost & commercial implications explains Abbott Moore’s James Abbott.

Contractor Doctor: What hardcopy paperwork must I keep for my limited company?
Contractors can keep most business records electronically, but there are documents that must be kept as hardcopies, says inniAccounts’ Matt Poyser.

Contractor Doctor: Am I allowed to use other agencies?
Contractors can not only use other agencies, but should do so to generate an ongoing stream of contracts for well paid and interesting assignments.

Contractor Doctor: Can my client refuse to pay me on the basis they’ve not been paid?
Contractors shouldn’t have to wait for payment until their client has been paid, unless the contract expressly says so, says Roger Sinclair of Egos.

Contractor Doctor: Can I still claim for childcare costs through my limited company?
Contractors can still claim childcare costs via their limited company despite changes introduced in the 2011 Budget, says Abbott Moore’s James Abbott.

Contractor Doctor: Do I need an employment contract with my limited company?
The implications of employment contracts for limited company contractors are explained by Lawspeed’s Theresa Mimnagh and Abott Moore’s James Abbott.

Contractor Doctor: Can I hire a company car for a single contract?
Contractors hiring a company car for the duration of a single contract will encounter HMRC’s tough tax rules, explains Abbott Moore’ James Abbott.

Contractor Doctor: Can I sell personal assets to my limited company?
Contractors starting a new contracting career and incorporating a company can sell personal assets to their business, says Abbott Moore’s James Abbott

Contractor Doctor: Can my agency charge a £5,000 penalty for early termination?
Contractors with a penalty clause in their contracts should check to ensure that it is legal under English law, explains Roger Sinclair of Egos.

Contractor Doctor: Can I give my spouse a company car with no ‘benefit in kind’ due?
Contractors using P11D exemptions for low-paid staff to avoid BIK tax on a spouse’s company car will get caught, says Aboott Moore’s James Abbott.

Contractor Doctor: Can I charge my client expenses after the 24-month rule kicks in?
Contractors can continue to charge their clients for expenses even after the 24-month rule takes effect, explains Abbott Moore’s James Abbott.

Contractor Doctor: Can I escape a contract for services with no termination clause?
Contractors with a business-to-business contract for services can’t exit a contract unless the contract itself allows it, says Roger Sinclair of Egos.

Contractor Doctor: Client wants to sue, but owes me money – how can we meet half-way?
A contractor is threatened with legal action by a client who owes him money. Can both parties compromise & win or will they play hardball & both lose?

Contractor Doctor: New contract asks me to commit to limited time off – IR35 issues?
A seemingly innocuous phrase restricting time off in a client-supplied contract could put a contractor well inside.

Contractor Doctor: If I sign a confidentiality agreement in my name am I inside IR35?
Contractors asked to sign confidentiality agreements in their name, and not their limited company’s, are unlikely to be at risk.

Contractor Doctor: Can my agency withhold pay if I left the contract without notice?
The law of contract applies if a contractor defaults on contractual obligations & leaves a contract early without notice, says Roger Sinclair of Egos.

Contractor Doctor: I’m pregnant & want to leave a contract early; can my client sue?
A seemingly simple case of a pregnant contractor can potentially escalate into a complex legal wrangle says Brabners Chaffe Street’s Paul Chamberlain.

Contractor Doctor: Can my agent find me a contract before asking about conduct regs?
Contractors not opting out of the conduct regulations before being introduced to a client can’t opt out later explains Roger Sinclair of Egos.

Contractor Doctor: My client wants me to commit to future contract rates – can they?
Contractors asked to agree a contract committing them to future contracts and pay rates should be wary of signing up, warns Roger Sinclair of Egos.

Contractor Doctor: Can my client sue me if I get too ill to work?
Technically a contractor is in breach of contract if they can’t work because of illness, but in reality a client wants a replacement, not a lawsuit.

Contractor Doctor: Is it worth starting a limited company for one contract?
Starting a limited company for a single contract can benefit contractors able to split dividends with a spouse, but for most will be uneconomical.

Contractor Doctor: Client wants to move me to a new project. I don’t want to. Help!
Contractors don’t have employment rights but are protected by contract law, so a client can’t change the contract without the contractor’s agreement.

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