Foreign client and agency determining IR35 status ? Foreign client and agency determining IR35 status ?
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  1. #1

    Question Foreign client and agency determining IR35 status ?

    I'm currently contracting for a German company through a German agency but working remotely from my home office in the UK. I have asked my accountant would the German client need to determine my IR35 status come next April. He seems to think yes but isn't sure of the detail.

    My thoughts are; I doubt they would even know what IR35 is, never mind being able to determine my status.

    Does anybody have any idea of how they think this will work ?

  2. #2

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    The draft legislation appears to suggest that it is still the responsibility of the client, even though foreign.

    It gives no indication of how they think this will be workable / enforceable.

    You asked how they think this will work. The better question, IMO, would be did they think.

    Perhaps if Brexit doesn't happen there may be something in EU law that will enable them to enforce this, but I doubt it.

    The safest thing is probably to assume they are going to correct this nonsense and place the liability on your company / you, when the client is foreign. That's my assumption.

  3. #3

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    I would continue to assume that you are, or may be held responsible, for determining your IR35 status just as the case is now. Carry on as usual. If HMRC goes after the foreign client it's their problem. If they come after you, best to have done your due diligence.

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