Originally posted by SimonMac
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IR35 Status - Can Employer promise be trusted?
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Originally posted by WordIsBond View PostThis. 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.
Anything else is just agency lies/noise.See You Next TuesdayComment
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Originally posted by SimonMac View PostIf it's a council they are a PS body so the rule are already in place.
PS, PS, PS...Comment
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Originally posted by SimonMac View PostIf it's a council they are a PS body so the rule are already in place.Comment
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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?Comment
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Originally posted by Aspidistra View PostThe 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?- 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.Comment
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