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IR35: Backdated complications if new offer is inside IR35

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    #41
    Originally posted by ladymuck View Post
    Going from outside with client A to inside (or permanent) with client B is not a red flag.*


    * assuming that Client B isn't Client A by another name or you're doing work for Client A but via Client B...
    I'm going from outside with Client A, to permanent role with Client A.....different role, department, no project work anymore, but same skillset essentially. Decision was not related to IR35. I'm concerned that a flag will be raised with the timing of it all though.
    I guess HMRC are fully expecting tens of thousands of contractors to switch to permanent roles though?

    Comment


      #42
      Originally posted by swathingmold View Post
      Hi All,
      Please excuse me if this is not the right place to post this -

      I am working via an Agency to a big retailer since last 5 years, contract was extended sometimes 6 months and sometimes 1 year.
      Obviously wording in the contract is such so that it is outside with substitution clause and so on (I understand the difference between wordings and work in practice). The contract is finishing now on 31st Jan.

      If I accept a contract somewhere else with a different client inside IR35 - Would it will be red flag to HMRC that since he is doing his new job as inside, he may have been inside in his previous role? Is it best to avoid? So I should either go for outside IR35 or permanent job OR It is not related.

      Please help me and if anyone has seen anything in public sector with the same scenario?

      Thanks
      It's very simple... IR35 is on a contract by contract basis. A contract with company 2 has absolutely zero bearing on whatever you did with company 1. Nothing, zero, nada, zip.

      I mean, think about it. How can it?

      The guides you need to learn about IR35 are on the right.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #43
        Originally posted by yMyjgT View Post
        I'm going from outside with Client A, to permanent role with Client A.....different role, department, no project work anymore, but same skillset essentially. Decision was not related to IR35. I'm concerned that a flag will be raised with the timing of it all though.
        I guess HMRC are fully expecting tens of thousands of contractors to switch to permanent roles though?
        They are but in many cases they will be expecting them to be doing exactly same thing. Proving without a doubt (in most cases) that the contractor was nothing but a perm resource with different engagement method. HMRC will be rubbing their hands with glee.

        Your situation is different as you are taking up a different position with the client not relating to your old one so there is no comparison between the two so you are fine'ish.

        The only think you might worry about is if the role you are leaving is deemed inside even if it's not you doing it which would tell HMRC there is a chance it's been in all along. It's highly unlikely they can find out if you leave before a determination. At worst you'll get a letter saying you were outside but not perm, whats going on. You prove it's a different job and they skulk away.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #44
          Originally posted by yMyjgT View Post
          I'm going from outside with Client A, to permanent role with Client A.....different role, department, no project work anymore, but same skillset essentially. Decision was not related to IR35. I'm concerned that a flag will be raised with the timing of it all though.
          I guess HMRC are fully expecting tens of thousands of contractors to switch to permanent roles though?
          But you said accept a contract somewhere else with a different client?

          How has that now morphed into the same client but a different role?

          Comment


            #45
            Originally posted by ladymuck View Post
            But you said accept a contract somewhere else with a different client?

            How has that now morphed into the same client but a different role?
            Different poster.

            I think the confusion is due to it being a reply to your post.

            Comment


              #46
              Originally posted by MrButton View Post
              Different poster.

              I think the confusion is due to it being a reply to your post.
              Ah. My bad. Hard to keep up with crossposting.

              Comment


                #47
                Originally posted by northernladuk View Post
                It's very simple... IR35 is on a contract by contract basis. A contract with company 2 has absolutely zero bearing on whatever you did with company 1. Nothing, zero, nada, zip.

                I mean, think about it. How can it?

                The guides you need to learn about IR35 are on the right.
                I understand this, but the reason I asked the question because in my accounts next year for the company this will be clearly visible that until now I have been outside and from this year I have become inside.

                To me it just raises a suspicion that I may have been inside before. Because the skill set, experience, working style for an IT contractor doesn't change in most of the cases. In my next project the only reason I am being hired is because my previous role and working was very relevant.

                Just thought if someone has specific experience from public sector working.

                Going into permanent is a different thing as either you close your company or make it dormant.

                Thanks

                Comment


                  #48
                  Originally posted by swathingmold View Post
                  I understand this, but the reason I asked the question because in my accounts next year for the company this will be clearly visible that until now I have been outside and from this year I have become inside.

                  To me it just raises a suspicion that I may have been inside before. Because the skill set, experience, working style for an IT contractor doesn't change in most of the cases. In my next project the only reason I am being hired is because my previous role and working was very relevant.

                  Just thought if someone has specific experience from public sector working.

                  Going into permanent is a different thing as either you close your company or make it dormant.

                  Thanks
                  The answer is still the same. The 2 contracts are separate and the working practices will be different too.
                  "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


                    #49
                    Originally posted by swathingmold View Post
                    I understand this, but the reason I asked the question because in my accounts next year for the company this will be clearly visible that until now I have been outside and from this year I have become inside.

                    To me it just raises a suspicion that I may have been inside before. Because the skill set, experience, working style for an IT contractor doesn't change in most of the cases. In my next project the only reason I am being hired is because my previous role and working was very relevant.

                    Just thought if someone has specific experience from public sector working.

                    Going into permanent is a different thing as either you close your company or make it dormant.

                    Thanks
                    I even said it 4 times to help you. Nothing, zero, nada, zip.

                    You really need to understand what you do and how you work better.
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment

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