IR35 Status - Can Employer promise be trusted? IR35 Status - Can Employer promise be trusted? - Page 2
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  1. #11

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    Quote Originally Posted by SimonMac View Post
    If it's a council they are a PS body so the rule are already in place.

    To the OP:

    Code:
    10 If everything is in writing trust it
    20 If not get it in writing and goto 10
    This. It doesn't matter if you trust how smart they are about IR35. It does matter if you can trust them that they really have made an outside determination. You can trust that if it is in writing.

  2. #12

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    Quote Originally Posted by WordIsBond View Post
    This. It doesn't matter if you trust how smart they are about IR35. It does matter if you can trust them that they really have made an outside determination. You can trust that if it is in writing.
    Further to this. The only writing I’d be interested in is an actual contract.
    Anything else is just agency lies/noise.
    See You Next Tuesday

  3. #13

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    Quote Originally Posted by SimonMac View Post
    If it's a council they are a PS body so the rule are already in place.
    This acronym differentiating how, to the 'other' PS body...

    PS, PS, PS...

  4. #14

    Contractor Among Contractors

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    Friday to Monday, employer... hmm

  5. #15

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    Quote Originally Posted by SimonMac View Post
    If it's a council they are a PS body so the rule are already in place.
    I'm not sure about that. Wouldn't a council be a PS body?

  6. #16

    Nervous Newbie


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    Default How to prove it was outside IR35?

    The question I've not seen an answer to is what documentation is needed post-April 2020.

    If HMRC come calling then what will a contractor need to prove that a given contract was outside?

    Also, suppose other entities in the contract chain have ceased to exist (it could be some years since the work was carried out), what then? I understood (with no great certainty) that they can pursue others in the chain if for some reason they cannot get "the fee payer".

    So, hypothetically, suppose an agency goes bust or is absorbed into another agency. Perhaps the client too. What then?
    Can they nail the contractor (on a 'last man standing' basis) even if they have documentation to prove that the contract was supposedly outside IR35?

  7. #17

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    Quote Originally Posted by Aspidistra View Post
    The question I've not seen an answer to is what documentation is needed post-April 2020.

    If HMRC come calling then what will a contractor need to prove that a given contract was outside?

    Also, suppose other entities in the contract chain have ceased to exist (it could be some years since the work was carried out), what then? I understood (with no great certainty) that they can pursue others in the chain if for some reason they cannot get "the fee payer".

    So, hypothetically, suppose an agency goes bust or is absorbed into another agency. Perhaps the client too. What then?
    Can they nail the contractor (on a 'last man standing' basis) even if they have documentation to prove that the contract was supposedly outside IR35?
    Any or all of:
    • A professional contract review.
    • A CEST determination (ideally completed by both parties and signed).
    • A Confirmation of Arrangements letter
    • Records of specific events that support your conclusions (e.g., e-mails informing the client about time off vs. asking for permission, records of substitutions undertaken, evidence of lack of control etc. This is a very long list of possibilities.)

    But you wouldn't be sharing any of this directly w/ HMRC. It would go to your professional representative first.

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