Originally posted by Paralytic
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IR35: Planning for April 2021 – should I stay or should I go?
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merely at clientco for the entertainment -
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 umbrellaComment
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Originally posted by Andy2 View Postif 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
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 entertainmentComment
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Originally posted by eek View PostYes - 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.
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
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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
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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
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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
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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
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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
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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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