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Forms or types of contracts with IT service providers from outside Ireland (or acting

  • 27-10-2016 8:06am
    #1
    nacho66
    Registered Users, Registered Users 2 Posts: 175 ✭✭


    Hi guys

    I'm interested to learn what are the options for long term contracts with contractors located outside Ireland (or the ones functioning in Ireland but as self-employed). I mean B2B model here basically (should have highlight that in the post title as well)

    Let's imagine a company based in Ireland that wants to extend their services offering with software development services. And from some reason, they cannot, at least at this moment in time, create an in house team and want to find subcontractors from both Ireland and from around the world. And let's also say, the stream of work would be large enough to secure, say, between 5-10 individuals, to partner for a year, 5 days a week. And I'm really talking a constant stream of full time work.

    I've heard that such situation could be tricky because Irish Revenue may treat such contracts as an attempt to have a full time staff while avoiding the PAYE scheme. Is this true? Is there a way to do partnership in a form as mentioned?


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Revenue have a POV on this issue which I am sure they would share with you.

    Also some of the best minds in the legal and accountancy professions here work on this topic.

    Perhaps we can discuss this in general terms without straying into specific legal advice?


  • #3
    nacho66
    Registered Users, Registered Users 2 Posts: 175 ✭✭nacho66


    Hey, of course, general terms is fine with me. What I'm interested in is basically to know if my concern about Revenue's POV is valid. I've heard people saying straight that 'you can't do that because if you need someone working on a regular daily basis, it must be through employment, not B2B'. But I don't think that's true. And if it is, this is something very hard for me to understand, especially in a modern world where there's more IT demand than specialists.


  • #4
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,637 ✭✭✭✭ohnonotgmail


    would you be working with 5-10 people as individuals or 5-10 people working for a separate organisation and you contract to that organisation?


  • #5
    nacho66
    Registered Users, Registered Users 2 Posts: 175 ✭✭nacho66


    That would be 5-10 individuals but set up as companies/self employed. So, 5-10 separate B2B contracts


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