QDOS Tax Liability Cover

[northernladuk]

Yeah, I'll ask the question. Doesn't look good though.

Do we think that going from Outside to perm would be an issue as well?

A lot less of an issue as HMRC dont have a direct outside to inside comparison and a free 75k being waved at them..

But still a risk as they could attempt to try prove you've been doing a perm role all along. The fact the client will allow you to carry on as a perm with no change in role doesn't look great though does it? They would have to do an old style investigation for that. Will they? Not a clue.

Different engagements and the risks have been discussed many times and is still going on so I suggest you spend sometime getting up to speed quickly. It's very late in the day to be asking these questions. You should have been putting your notice in this week if the rules hadnt changed recently.

[jamesbrown]

I did asked the same question but never got clear answer. Can you please share once you have got the answer


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I suppose they could opt to make the payment for publicity. However, in this new world, I doubt it. Failure to provide a clear answer is most likely constructive ambiguity. Most contractors probably don't dig that deep and they'd prefer to keep their options open based on particular cases. However, there is nothing in their T&Cs that offers to pay the tax liability unconditionally. The reasonable prospect of success clause is basically a guard against sunk costs w/ litigation (they are not like IPSE who may have other interests, like new case law), but it is certainly not an offer to pay the tax loss unconditionally and I highly (extremely) doubt they would.

[sim2kuk]

A lot less of an issue as HMRC dont have a direct outside to inside comparison and a free 75k being waved at them..

But still a risk as they could attempt to try prove you've been doing a perm role all along. The fact the client will allow you to carry on as a perm with no change in role doesn't look great though does it? They would have to do an old style investigation for that. Will they? Not a clue.

Different engagements and the risks have been discussed many times and is still going on so I suggest you spend sometime getting up to speed quickly. It's very late in the day to be asking these questions. You should have been putting your notice in this week if the rules hadnt changed recently.

I invoice weekly, so no I shouldn't have, and I was given assurances that my role was safe - however what they meant was that I wouldn't lose out financially, not that it is outside IR35. The Programme Manager misunderstood, hence why the incorrect message.

Look, I get that you get pissed off at answering the same questions over and over, but there are a ton of threads, a lot that go off on tangents. It's pretty difficult to track down concise answers, and I get that, as frankly no-one knows. However, a little patience wouldn't go amiss.

[jamesbrown]

However, a little patience wouldn't go amiss.

Take a right at General, walk past the door marked NLUK and it's another two doors down on the left.

[Kanaiya]

I suppose they could opt to make the payment for publicity. However, in this new world, I doubt it. Failure to provide a clear answer is most likely constructive ambiguity. Most contractors probably don't dig that deep and they'd prefer to keep their options open based on particular cases. However, there is nothing in their T&Cs that offers to pay the tax liability unconditionally. The reasonable prospect of success clause is basically a guard against sunk costs w/ litigation (they are not like IPSE who may have other interests, like new case law), but it is certainly not an offer to pay the tax loss unconditionally and I highly (extremely) doubt they would.

I totally agree. There will be some clause which we might be missing.


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[northernladuk]

I invoice weekly, so no I shouldn't have, and I was given assurances that my role was safe - however what they meant was that I wouldn't lose out financially, not that it is outside IR35. The Programme Manager misunderstood, hence why the incorrect message.

Look, I get that you get pissed off at answering the same questions over and over, but there are a ton of threads, a lot that go off on tangents. It's pretty difficult to track down concise answers, and I get that, as frankly no-one knows. However, a little patience wouldn't go amiss.

I don't really see where I haven't been patient with you. I made an observation/suggestion which I think is solid one. I haven't asked why you are putting yourself in the highest catagory of risk, facing upwards of 75k losses and asking a bunch of strangers questions about your future which hadn't happened yet instead of picking up the phone and asking for professional advice from your insurers first.

A lot of the threads do go off on a tangent but usually with good reason because they tangent is something to do with the situation as it is complex and unknown. There is a lot of good knowledge in there thst will help people understand stuff beyond their first question. Am I risk if I go inside or perm is a pretty basic question so you've got to know its been asked as tens of thousands are facing it.

Wasnt going to rant but seems you mention it....

[northernladuk]

Dunno. Ask QDOS when you speak to them?

I was just thinking the JLJ came was 140k for 4 years and that's without knowing any details of the case. Based on that very wooly assumption you are on the hook for about 25k still.

Bearing in mind you are putting yourself in to the highest risk catagory and are unsure if you are covered is investigate the figures in a lot more detail.

Just to correct a mistake. The 141k JLJ was on the hook for was for 7 years. He had it reduced to 4 but no mention of how much it was. Pro rata works out at 80k

[sim2kuk]

I don't really see where I haven't been patient with you. I made an observation/suggestion which I think is solid one. I haven't asked why you are putting yourself in the highest catagory of risk, facing upwards of 75k losses and asking a bunch of strangers questions about your future which hadn't happened yet instead of picking up the phone and asking for professional advice from your insurers first.

A lot of the threads do go off on a tangent but usually with good reason because they tangent is something to do with the situation as it is complex and unknown. There is a lot of good knowledge in there thst will help people understand stuff beyond their first question. Am I risk if I go inside or perm is a pretty basic question so you've got to know its been asked as tens of thousands are facing it.

Wasnt going to rant but seems you mention it....

First of all I was well aware that going from outside to inside carries significant risk, I wrote that in my first post. I would not put myself in that situation unless I had insurance against it, hence my question. Still don't get how it could be that much, but I'm sure someone will be able to tell me.

Secondly, with the amount of posts you have on the forum I would expect you to well versed in the goings on, which you seem to be (or you just have a lot of time on your hands). Either way, making conclusions about people's situations with little to no understanding of their situation to criticise people seems a bit out of order, that's all. Maybe it's just faceless Internet interactions with a smattering of strawmans built in that I have misunderstood, or maybe there's something more sinister, who knows?

Lastly, a perm role would be different, different locations, additional projects to work on in parallel, and someone else would take the role that I am currently in.

[northernladuk]

That's nice. Good luck in your quest for answers. I'm done with your bedwetting.

[sim2kuk]

That's nice. Good luck in your quest for answers. I'm done with your bedwetting.

Cool, going with the "bedwetting" one are we? How close were you to the "time you went to bed" one?

As I think the Caroline Flack suicide showed us the other day, perhaps if all the Internet warriors were a little nicer, then people wouldn't feel like that.