Same client, different role post April... Same client, different role post April...
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  1. #1

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    Default Same client, different role post April...

    Just got the letter saying I am inside as of April (no real surprise), I understand if I choose to stay I am open to retrospective investigation. If I take a new role, with new contract new Assignment Schedule would that be enough to protect me when HMRC go after the low hanging fruit?

    I know ultimately the answer will be I dunno as I've read as much as everyone else, just trying to think out loud
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

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    Quote Originally Posted by SimonMac View Post
    Just got the letter saying I am inside as of April (no real surprise), I understand if I choose to stay I am open to retrospective investigation. If I take a new role, with new contract new Assignment Schedule would that be enough to protect me when HMRC go after the low hanging fruit?

    I know ultimately the answer will be I dunno as I've read as much as everyone else, just trying to think out loud
    Only if it is truly a different role. It will seem very coincidental the clients requirement of you happens to change in April like 10's of thousands of others are as well. Unless it's truly a new role it's going to look very worth investigating.

    They could also still put 2 and 2 together and think it's worth looking even when they get here it (arguably) isn't. You still look interesting even if the details of the situation are safer than they realised.

    You've only been there a very short time though haven't you? The value of the gig going forward will easily out weight the penalties in the worst case so may not be such an issue to stay.
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    I would have a hunch that same client/different role is safer than same client/same role.

    Just make sure they are demonstrably different - I personally would look at contract, working practises, and the work being delivered to be absolutely sure.

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    Quote Originally Posted by northernladuk View Post
    Only if it is truly a different role. It will seem very coincidental the clients requirement of you happens to change in April like 10's of thousands of others are as well. Unless it's truly a new role it's going to look very worth investigating.

    They could also still put 2 and 2 together and think it's worth looking even when they get here it (arguably) isn't. You still look interesting even if the details of the situation are safer than they realised.

    You've only been there a very short time though haven't you? The value of the gig going forward will easily out weight the penalties in the worst case so may not be such an issue to stay.
    It genuinely is a different role, its a more senior role to replace someone who is leaving (not due to IR35) and they want me to act up and fill the role while they recruit a permie
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

    ― Marcus Aurelius

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    Quote Originally Posted by SimonMac View Post
    It genuinely is a different role, its a more senior role to replace someone who is leaving (not due to IR35) and they want me to act up and fill the role while they recruit a permie
    Try and get in before the date to look a little more genuine.
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    Quote Originally Posted by northernladuk View Post
    Try and get in before the date to look a little more genuine.
    In fairness I was approached to act up before the determinations came out, just trying to make sure there is a paper trail to prove it
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

    ― Marcus Aurelius

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    Quote Originally Posted by SimonMac View Post
    In fairness I was approached to act up before the determinations came out, just trying to make sure there is a paper trail to prove it
    Kewl. So you aren't technically going from outside to inside. You did an outside role which no longer needs a determination (or does it) and are taking a new role that's inside.

    Shouldn't be any risk here. No flipping or quick wins for HMRC. Incorrect assumption from them you are but truth is you aren't so you aren't low hanging fruit. You are determining each role as you should so following the old and new rules.

    No need to worry unduly IMO.
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