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IR35: Backdated complications if new offer is inside IR35

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    #31
    Originally posted by BlueSharp View Post
    The client has already thrown you under the bus at this point, I would not trust them to support my PSC against historic IR35.
    I wouldn't trust them either. The preface to my point was if OP wanted to stay. If he does, he should get his PSC closed, which if he is able to do so will likely prevent any historic IR35.

    I wasn't advising him to stay, just how to hopefully lessen historic risk if he does.

    Comment


      #32
      Originally posted by WordIsBond View Post
      Can't see myself in this situation, but if I were, and I wanted to stay, I'd ask them to just not make a determination on my contract and go brolly now instead. If you are brolly they don't have to make a determination.

      Get the company closed before April. My guess is HMRC will be chasing the people who haven't even taken those precautions, and by the time they get around to you, if they do, the company will be closed, and they'll shrug and move on to the next easy target.
      thanks for the message mate. Didn't understand what you meant by "go brolly now"? is it an insurance?

      Comment


        #33
        Originally posted by gables View Post
        Back to the OP... I'd be looking to leave. Obviously an easy thing to say and have no idea of circumstance, but I think I'd risk a month or two or three of no income rather than 5 years of backdated tax.
        thanks . How early before would you reckon to leave? (or is it better to close the company at the time of leave?)

        Comment


          #34
          Originally posted by sojan View Post
          thanks for the message mate. Didn't understand what you meant by "go brolly now"? is it an insurance?
          Is that a joke? Brolly is an English term for umbrella. What he is referring to is use an umbrella company rather than limited.

          Comment


            #35
            Originally posted by MrButton View Post
            Completely agree with those guys.

            Which makes it more surprising that some public sector clients are reassessing contracts inside. After having declared them outside for the last 2.5 years.

            I’d have thought this would be opening these clients up to massive liabilities but maybe they know something we don’t.
            I had this conversation with another contractor.

            If a public sector client has a lot of contractors and moves them from outside to inside, they obviously got the determination wrong and should be liable. However, it is highly unlikely a government department is going to take another department to court are they? More of a case of, let's move everyone inside and forgot it never happened...

            It's outrageous.

            Comment


              #36
              Originally posted by boxingbantz View Post
              I had this conversation with another contractor.

              If a public sector client has a lot of contractors and moves them from outside to inside, they obviously got the determination wrong and should be liable. However, it is highly unlikely a government department is going to take another department to court are they? More of a case of, let's move everyone inside and forgot it never happened...

              It's outrageous.
              I dont think that's true at all. Their working practices and cultures have matured to allow an outside determination.

              When it hit they just wanted bum on seats perma tractors. Now they are happy to accommodate what is needed for an outside determination so more outside gigs popping up. They simply didn't understand contractors back then. They've woken up now.

              The same will happen in the private sector I think but should happen much quicker.

              That said I've had a job alert on and there are still a good number of inside gigs. There is a clear mix. They definitely haven't gone back to the old days.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

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                #37
                Originally posted by cosmic View Post
                Is that a joke? Brolly is an English term for umbrella. What he is referring to is use an umbrella company rather than limited.
                Sorry it was not joke. I quite didn't understand if he meant "umbrella" company or meant to be "safely into permie"..

                Comment


                  #38
                  Originally posted by sojan View Post
                  Sorry it was not joke. I quite didn't understand if he meant "umbrella" company or meant to be "safely into permie"..
                  No, he meant umbrella company.
                  "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


                    #39
                    Considered Outside now but what happens if accepts Inside IR35 with different client

                    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

                    Comment


                      #40
                      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
                      Status is on a per contract basis and each should be assessed on its own merits.

                      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...

                      Comment

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