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IR35: Client determination and mitigating the risk of an HMRC investigation

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    #21
    Originally posted by BR14 View Post
    normal service from JohntheBore then.
    and pure incorrect speculation from Lance.

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      #22
      Originally posted by JohntheBike View Post
      not so, I instructed my solicitor to advise the agency that I was legally entitled to work in the UK. No one other than previous permie organisations have my NI number.
      I'm calling it....

      Bullsh1t!!!!!

      I don't believe you.
      I don't believe you'd pay for that.
      And I don't believe an agent would accept it.
      See You Next Tuesday

      Comment


        #23
        Originally posted by Lance View Post
        I'm calling it....

        Bullsh1t!!!!!

        I don't believe you.
        I don't believe you'd pay for that.
        And I don't believe an agent would accept it.
        believe what you will. I was alive to the NI issue many years ago. The fact remains that neither the software house that I'm currently contracted to nor the end client know my NI number. If they do, then they have obtained that information illegally. Neither your driving licence nor your passport show your NI. Also, not every one has an NI number, my wife didn't until 1996 and not everyone has a passport or driving licence. However, having a valid passport trumps all other means of proving your status.
        Last edited by JohntheBike; 28 January 2020, 12:00.

        Comment


          #24
          Originally posted by JohntheBike View Post
          you are overlooking the fact that the organisation making the deduction could only do so if provided with the contractor's NI number. Clearly there would be some debate as to when such information is provided. There clearly is a complication that the funds are owed to the contractor's Ltd Co. and the contractor's Ltd Co. would owe wages to the contractor, the details of which would be entered into the RTI for March by the contractor's company. If then the paying organisation also makes a deduction in April, they would be responsible for making the RTI. I'm surprised that this issue hasn't been explored in the public sector. There must have been some issues there.
          This is all irrelevant to the present discussion but, on a point of accuracy, you don't need an NI number to operate PAYE/RTI. If they ask for it and you don't provide it, they still need to operate a deemed payment, where applicable.

          Comment


            #25
            Originally posted by jamesbrown View Post
            Your understanding of the matter is wrong, according to the draft legislation. The draft legislation is quite clear that the effective date of the legislation is 6 April and that the legislation applies to payments made on or after that date, even if the work was completed earlier. There is no requirement to complete an SDS before 6 April and the SDS simply determines who discharges the responsibility of the Fee Payer. The client is always the Fee Payer until they provide the supply chain with an SDS. The presence or absence of an SDS doesn’t change the responsibility of the Fee Payer for the correct operation of PAYE. I expect the entire supply chain could be nervous about payments as 6 April approaches. The client or the agency could easily withhold payments leading up to 6 April until they have the SDS. What your contract says on this point is irrelevant as primary/secondary legislation supersedes anything in your contract.
            Thanks for that. Food for thought as I finish in 31 March but final invoice is paid on 13 April so will need to make a decision.

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              #26
              I have never provided my NI number to any client. Why would I? They're engaging the services of a company, not an individual.

              Comment


                #27
                Originally posted by SuperLooper View Post
                I have never provided my NI number to any client. Why would I? They're engaging the services of a company, not an individual.
                Work via an agent ?


                Sent from my iPhone using Contractor UK Forum

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                  #28
                  Originally posted by GhostofTarbera View Post
                  Work via an agent ?


                  Sent from my iPhone using Contractor UK Forum
                  standard fare is to provide
                  • Passport - for right to work
                  • NI Number - additional information on right to work, but also some agency regulatory BS
                  • Full address - just because
                  • CV - not always provided or asked for but if I get a contract by my network this is often asked for
                  • Certificate of Incorporation - obvious
                  • VAT Certificate - obvious
                  • Limited Company Bank Details - obvious
                  See You Next Tuesday

                  Comment


                    #29
                    Originally posted by GhostofTarbera View Post
                    Work via an agent ?
                    Nope.

                    Comment

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