Public sector rules just mean many contracts are advertised outside. Pick one of those and IR35 goes away. What's not to like?
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Government to consult on tax avoidance in the private sector
Collapse
X
-
-
I cannot see it being an issue.
HR departments will just learn an outline set of rules, probably based on SDC, and apply IR35 correctly.
If you're a permietractor then you'll have to pay the tax you should have in the first place. So what....
If you're a genuine freelancer without SDC then you'll be the same as now, but with less chance of being investigated.See You Next TuesdayComment
-
-
Originally posted by Lance View PostI cannot see it being an issue.
HR departments will just learn an outline set of rules, probably based on SDC, and apply IR35 correctly.
If you're a permietractor then you'll have to pay the tax you should have in the first place. So what....
If you're a genuine freelancer without SDC then you'll be the same as now, but with less chance of being investigated.Comment
-
Originally posted by jamesbrown View PostRight, because CEST is an accurate reflection of IR35 case law and is unlikely to gain much traction among HR/procurement departments that can't be fecked to decide properlySee You Next TuesdayComment
-
Originally posted by ChimpMaster View Post... and I'm out. Will close down, MVL and ride off into the sunset.
Soon the contractor supply pool will be 90% newbies with neither the experience nor the clue to realise that the old hands have taken their permanent jobs or just retired from the market completely."I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
- Voltaire/Benjamin Franklin/Anne Frank...Comment
-
Originally posted by Lance View PostIf a private sector client uses the CEST tool it will show them how to make someone outside. A real right of substitution being one easy way. Another being not telling the contractor how to do the work. That makes it easy for the client to determine that a temp filing clerk is almost certainly inside, and a specialist IT consultant telling them how to do a,b,c is definitely outside. Simples.
If your argument is that the private sector will respond very differently and apply this to individual cases and not be overly concerned about compliance risks, I think you might be disappointed, although I concede that it's likely to vary somewhat between sectors and clients.Comment
-
Originally posted by jamesbrown View PostHmmm, I wonder where we could look for evidence of this implementation working successfully...
If your argument is that the private sector will respond very differently and apply this to individual cases and not be overly concerned about compliance risks, I think you might be disappointed, although I concede that it's likely to vary somewhat between sectors and clients.
I'm still not overly concerned. When it rolled onto public sector it wasn't the carnage that was postulated, and it's looking like rolling back as recent legal cases have been err.... problematic shall we say for the PS body and HMRC.See You Next TuesdayComment
-
Originally posted by Lance View PostIf a private sector client uses the CEST tool it will show them how to make someone outside. A real right of substitution being one easy way. Another being not telling the contractor how to do the work.
They could ask the hiring manager "are you happy for this contractor to substitute? Do you agree this contractor will not be supervised or controlled?"
Maybe it just becomes part of the form filling for the hiring manger to feed HR with what they need to know to determine status.
And when their roles get advertised as inside, and no one applies, they'll soon start filling those forms in differently.Last edited by yMyjgT; 18 May 2018, 12:27.Comment
-
They'll probably end up with a set of role titles that are blanket in and out:
PMO Analyst - in
PM - in
Technical Specialist - out
and so on.
They could then go case by case for those that argue the toss because they can't get the candidates.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment