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IR35: Planning for April 2021 – should I stay or should I go?

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    Originally posted by Paralytic View Post
    One agency told me that the count of investigations into people going from outside to inside/umbrella/paye was none. Not a few, nor a handful, not "not many", but absolutely zero, rich, nada.

    Of course, considerations to take into account:

    - It was an agency saying this, so a heap of salt needs to be consumed
    - HMRC's past performance is not an indicator of future action etc etc
    Did you miss my post above - truthful answer is that until we hit April 6th 2021 we don't know...
    merely at clientco for the entertainment

    Comment


      if a company bans any engagement with PSCs and you have to take the umbrella route, can you still be investigated ?
      you can argue that even though you were outside ir35 you had no option but to go through umbrella

      Comment


        Originally posted by Andy2 View Post
        if a company bans any engagement with PSCs and you have to take the umbrella route, can you still be investigated ?
        you can argue that even though you were outside ir35 you had no option but to go through umbrella
        Yes - being investigated just means you are unlucky enough to be in HMRC's radar.

        And yes you could argue that but as no-one has argued that before we don't know how it would play out at a tribunal - and you would have suffered years of pain from HMRC before such a tribunal occurred.
        merely at clientco for the entertainment

        Comment


          Originally posted by eek View Post
          Yes - being investigated just means you are unlucky enough to be in HMRC's radar.

          And yes you could argue that but as no-one has argued that before we don't know how it would play out at a tribunal - and you would have suffered years of pain from HMRC before such a tribunal occurred.
          It does depend on how clearly he thinks he is outside IR35 and how strongly he can evidence it. For example, having actually used a Substitute, even for a very short time, puts a contractor outside IR35 right away; so if HMRC come knocking then get QDOS/IPSE to write a formal response outlining the reasons why you were outside IR35 and put a clear emphasis on the fact that a Sub was used.

          Else if the client is helpful and willing, ask them to confirm that the working arrangements were outside IR35, with explanation why, and that after April 2020 it's just a corporate decision to put all contractors on PAYE/FTC/Umbrella whatever.

          Comment


            I would love to know how so many public sector contractors still get away with it. These are people that have been doing the same role for 3+ years at £700 to £1500 a day. So high end Directors and what not.

            The reason I mention this is that I know a number of them working in the NHS as LTD Contractors. One in particular doing so do avoid childcare support. It is infuriating.

            Comment


              Completely new to this forum, so firstly, hello everyone!

              I've been significantly impacted by the new legislation and managed to bag an extension which expires this week.

              The 'client' has offered me a fixed-term contract (with benefits, holiday etc) with the same role name as described when I operate through my PSC. The only difference is they've prefixed "Senior" onto the role name and changed the area (previously worked on a specific work stream in a project, the FTC offer now suggests I'll be working on a Transformation portfolio) I'll be operating it.

              Would this put me at risk of a retrospective review or would the job title have to change significantly, including the roles & responsibilities? I'd like to hear people's views.

              Happy to answer any questions if any clarity is required.

              Comment


                Do you think a job title really changes anything?

                Staying with the client puts you near the top of the risk scale. Doing the same or similar role puts you even higher. Both together puts you in the second most risky category after a straight outside inside contractor.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  My last contract at a bank, outside and checked with Qdos finished in Jan, and I’m about to start at another bank, blanket PSC ban, so inside via a brolly, would this be a risk?

                  It’s a similar role to my previous contract, but obviously I need to earn money, so this time round I was considering outside, inside and perm.

                  Comment


                    How can it be a risk? How can one gig at a completely different bank have any bearing on the one you are about to start?
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment


                      It was a good question

                      What’s to stop HMRC (rightly or rather ambitiously) trying to say “Oh this inside35 project/job at CompanyA is identical and requires the same expertise as that project/service that you treated as outside35 at CompanyB, so they must have had the same kind of relationship with you and both been inside” ??

                      I think it’s the risk of an investigation being started that’s the question (so having to go through a load of hassle), not what’s the risk of losing it.

                      Comment

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