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Cost of a losing an IR35 case?

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    #51
    Originally posted by WordIsBond View Post
    I now anticipate this thread going completely pear-shaped.
    TBF, it started off looking like an eggplant.

    Comment


      #52
      Originally posted by eek View Post
      It's also a timing thing - HMRC love to use the 4 year window they have to do such things and that 4 year window for cases has a while left to go.

      If HMRC was following past behaviour I would expect letters to be sent at Easter for those caught by the public sector changes..
      Is that 4 years AFTER your first SATR was submitted? i.e. if your first SATR was submitted for TY 2016/17 (submitted by Jan 31st 2017) - they still have a year to open a question / look into it?

      Comment


        #53
        Originally posted by WordIsBond View Post
        I now anticipate this thread going completely pear-shaped.

        Originally posted by northernladuk View Post
        *cough*

        Let x=y

        Multiply both sides by x:

        x2=xy
        (squared)

        Subtract y2 (squared)
        from both sides:

        x2−y2=xy−y2

        Factor:

        (x+y)(x−y)=y(x−y)

        Cancel out (x−y)

        from both sides:

        (x+y)=y

        Simplify (Because x=y
        ):


        y+y=y

        2y=y


        2=1

        Boooom! Do one!!!
        I'm always right.

        Comment


          #54
          Originally posted by northernladuk View Post
          *cough*

          Let x=y

          Multiply both sides by x:

          x2=xy
          (squared)

          Subtract y2 (squared)
          from both sides:

          x2−y2=xy−y2

          Factor:

          (x+y)(x−y)=y(x−y)

          Cancel out (x−y)

          from both sides:

          (x+y)=y

          Simplify (Because x=y
          ):


          y+y=y

          2y=y


          2=1


          Boooom! Do one!!!
          There's an error there for a start.

          Comment


            #55
            Originally posted by Old Greg View Post
            There's an error there for a start.
            Yeah yeah.. Exit is that way - ->
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #56
              Originally posted by eek View Post
              Nope - employed for tax purposes does not mean employed for employee benefit purposes (you can be the former and not the latter) so that back holiday may not be available.

              No Rights Employee is a whole site highlighting what it means...
              This could get interesting:

              How far back can a worker claim holiday pay where they have not taken any annual leave because it would not have been paid? | Brodies Blog
              The greatest trick the devil ever pulled was convincing the world that he didn't exist

              Comment


                #57
                The Court of Justice of the European Union - so that's probably only valid until 1st Jan 2021...
                merely at clientco for the entertainment

                Comment


                  #58
                  Originally posted by northernladuk View Post
                  Yeah yeah.. Exit is that way - ->
                  Then off you go. And take your zero value variables with you.

                  Comment


                    #59
                    A client is not permitted to pass on Employers NI costs on a negotiated rate if a Ltd role simply starts being paid on a PAYE basis - hence the mandatory cuts being applied to new 'assignment' rates on new contracts.

                    Therefore, on an existing contract where the rate was negotiated and agreed in the past as a Ltd rate, and then it is judged to have been disguised employment retrospectively. Surely the Employers NI liability would be with the ex-client/now-employer? just as paid holiday would be.

                    They can't say an individual is both a employee of the client in HMRCs eyes and an employees of the Ltd co in laws eyes. Well they can say this but this seems hugely unjust.

                    I know the process for testing for tax liability and employment are different, but the valid tests for both are closely aligned. There is interesting discussion on this here https://www.ifs.org.uk/comms/dp1.pdf

                    Comment


                      #60
                      Originally posted by Old Greg View Post
                      Then off you go. And take your zero value variables with you.
                      Ok.. Take this foul knave...

                      When 2 does not equal 2 – GPEI

                      Taaaaaxi….
                      'CUK forum personality of 2011 - Winner - Yes really!!!!

                      Comment

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