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Contractor Doctor Q+A: Page 3

Contractor Doctor: How much should my umbrella pay me for antenatal appointments?
Contractors’ umbrella companies are required by law to pay them when taking time off to attend antenatal appointments, explains Parasol’s Derek Kelly.

Contractor Doctor: No substitution but can hire subcontractor: what’s my IR35 status?
Contractors with client restrictions on rights of substitution may find hiring a subcontractor achieves the same goals.

Contractor Doctor: How does the VAT Flat Rate Scheme work when invoicing EU clients?
Contractors operating the VAT Flat Rate Scheme won’t lose money when invoicing European Union (EU) clients, explains James Abbott of Abbott Moore.

Contractor Doctor: Can a restrictive covenant be implied if not in the contract?
There is no reason why contractor contracts should automatically include restrictive covenants implied in the terms, explains Roger Sinclair of Egos.

Contractor Doctor: Can my client refuse to allow already agreed time off?
Contractors don’t book holidays; they negotiate breaks in service provision or supply a substitute for time off that can’t be taken between contracts.

Contractor Doctor’s lessons from 2012 will help contractors navigate the year ahead
ContractorCalculator’s Contractor Doctor has drawn together solutions to the key challenges that faced contractors in 2012 and will help them in 2013.

Contractor Doctor: Can I quit the contract if the role is different than agreed?
Contractors arriving at their new client’s site only to discover the role they had been sold by the agent is totally different can quit the contract.

Contractor Doctor: Can another contractor fire me?
Contractors can’t be fired, only terminated if in breach of contract; contractor project managers are unlikely to have the power to terminate alone.

Contractor Doctor: Can my client change my role mid-contract?
Contractors don’t have to agree to role changes imposed by a client mid-contract, as the implications of accepting may suggest control.

Contractor Doctor: Does the 24 month rule apply to two clients at the same location?
Contractors switching contracts between different clients at a similar location cannot reset the 24 month rule, explains James Abbott of Abbott Moore.

Contractor Doctor: Can I take three years out for a degree & fund it from my company?
Limited company contractors can fund themselves with company cash during a degree course, but must personally pay for the course, says James Abbott.

Contractor Doctor: Can clients and contractors cut out an agency lying about margins?
Contractors trapped in contracts with steep margins by an agency that lied to the client may be able to find an exit, explains Roger Sinclair of Egos.

Contractor Doctor: Must I contract with an agency that first sent my CV to a client?
Contractors proposed to the same client by two different agencies may not be required to contract with the first agency, says Roger Sinclair of Egos.

Contractor Doctor: Can I contract directly with a customer of my former employer?
Contractors seeking to contract direct with a former employer’s customers should check their contract and seek advice, says Roger Sinclair of Egos.

Contractor Doctor: How do I calculate student loan payments on a contracting income?
Contractors with student loan debts can calculate repayments due based on gross contracting income, explains James Abbott of Abbott Moore.

Contractor Doctor: Can I pay a salary & save tax if taking an overseas careers break?
Contractors on an overseas career break can continue to pay a salary and benefits from a corporation tax deduction, says Abbott Moore’s James Abbott.

Contractor Doctor: Can I claim rent expenses for using a holiday home I own?
Contractors can only claim limited expenses for staying in a holiday home which they own during a contract, explains James Abbott of Abbott Moore.

Contractor Doctor: Can I contract direct for my client if I have no agency contract?
Contractors may be able to contract direct with clients after introduction by a recruiter if there is no agency agreement, says Roger Sinclair.

Contractor Doctor: Can I pay my spouse or partner a salary?
Contractors who run their own company can pay their spouse or partner a salary for work done for the business, explains Abbott Moore’s James Abbott.

Contractor Doctor: If my client lets me substitute purely for IR35, would it count?
Using a substitute means you could enjoy 3 years of contracting, according to HMRC’s business entity tests.

Contractor Doctor: Can I sue my agency if it gets fired by the client?
Contractors may have grounds to take legal action if their contract is terminated because the client fires the agency, says Roger Sinclair of Egos.

Contractor Doctor: I was injured on contract then terminated. What are my options?
Compensation prospects for contractors suffering an injury in their client’s workplace depend on establishing fault, explains Roger Sinclair of Egos.

Contractor doctor: can expenses be claimed for entertainment?
Answers a question from a reader about the rules for claiming entertainment expenses.

Contractor Doctor: My client asks me to work through lunch – should I charge?
Contractors aren’t usually paid for time they don’t work, like lunch hours, but ultimately it depends on what has been negotiated into the contract.

Contractor Doctor: Can I claim for packed lunches or do I have to eat out?
Contractors on business trips away from home can claim for subsistence costs, such as weekly shops for packed lunches, says James Abbott.

Contractor Doctor: What can the agency do if I cancel my contract before starting it?
Contractors cancelling their contracts before they start may find themselves liable to pay their agencies compensation, says Roger Sinclair of Egos.

Contractor Doctor: I’ve just married – can I share contracting income with my spouse?
David Colom of D J Colom highlights the pitfalls of sharing contracting income with a new spouse and suggests the best tax strategies to employ.

Contractor Doctor: I won my contract by tendering – does this put me outside IR35?
Strengthen your ‘in-business’ status by winning contracts via tenders, pitches and proposals to clients.

Contractor Doctor: Can I give children shares in my contracting company to save tax?
Contractors tempted to transfer company shares to their children to reduce their tax bills will still have to pay tax on any dividend income.

Contractor Doctor: I’ve been outside IR35 and now think I’m caught. What should I do?
Contractors experiencing a sudden change of circumstances mid-way through a contract may find this alters their status and hits their finances.

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