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Switching to contracting for the same employer

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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adi27
Junior Member
Posts: 63
Joined: Fri Apr 14, 2017 6:09 pm
India

Switching to contracting for the same employer

Post by adi27 » Tue May 14, 2019 9:17 pm

I'd like to switch to contracting post my ILR . I'd like to start working as a contractor for the same employer for whom I'm currently a full time employee. Is it true new IR35 would disallow one to do so? Or is it just going to reduce my take home(i.e I have to pay more taxes) ? Can a full time employee make a switch to start working on a day rate/ contracting for the same company through his/her own pvt ltd company? Will there be any legal risks of doing so either for the employee or for the employer?

Appreciate any advice.

Many thanks,
Adi

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zimba
Moderator
Posts: 23674
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: Switching to contracting for the same employer

Post by zimba » Wed May 15, 2019 1:42 am

This has nothing to do with immigration rules and is in the territory of tax legislation. You can become a contractor and work as a 'disguised employee' but then the IR35 rules will apply (you will incur much higher taxes). IR35 legislation technically protects government from losing NI payments. I suggest you seek the help of a IR35 specialists if you want more info.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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