Say i go into work every day and am essentially an employee. But as I was found through a friend of the boss, there was never a contract. I just get paid into my company and draw dividends from it. Surely if I don't have a contract then i am in theory my own boss. I can leave whenever, they can replace me whenever etc.. and i therefore fall outside of IR35?
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So, since you don't have a contract, you are working because you feel like it and they are paying you because they feel like it?
If you were to work for a week, there would be no obligation on them to pay you for that week? And if they did pay you for a week, there would be no obligation on you to work for that week?
You have a contract!
Whether that is as an employee (contract of service) or a contractor (contract for services) or an IR35 (off-payroll worker) depends on the particular facts. It does not depend on what you or your principal describe you as.
Dale M
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