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Legal action / Mislead contract was outside IR35

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    #11
    Originally posted by eek View Post
    Why do you think the rules change in April?
    So back to my original question, should the supplier be taken to court for not doing this properly?

    Comment


      #12
      Originally posted by cyborg1337 View Post
      So back to my original question, should the supplier be taken to court for not doing this properly?
      go for it.
      let us know how you get on.

      Comment


        #13
        Originally posted by cyborg1337 View Post
        So back to my original question, should the supplier be taken to court for not doing this properly?
        How do you do that?

        Hint, you can't as they don't owe you any money and they aren't responsible for your personal or your limited company's tax affairs...

        As I stated above - Life's unfair - live / deal with it

        In this case you have 2 options:-

        1) pay the correct amount of tax that you should have done with an inside IR35 contract
        2) do nothing, walk away and hope HMRC don't come knocking (I actually wish they did more often as we wouldn't be in the mess that's about to appear).
        merely at clientco for the entertainment

        Comment


          #14
          Originally posted by eek View Post
          How do you do that?

          Hint, you can't as they don't owe you any money and they aren't responsible for your personal or your limited company's tax affairs...

          As I stated above - Life's unfair - live / deal with it

          In this case you have 2 options:-

          1) pay the correct amount of tax that you should have done with an inside IR35 contract
          2) do nothing, walk away and hope HMRC don't come knocking (I actually wish they did more often as we wouldn't be in the mess that's about to appear).
          But if nobody calls them out they are going to keep doing this? And they are going to mislead contractors who are genuine. It's not always obvious from day one, sometimes it can take a while for it to be really clear what it is.

          When you get to the point you realise that sh*t this is inside; Do you just call it quits and pay your taxes and let them get away with it?

          Comment


            #15
            Originally posted by cyborg1337 View Post
            So back to my original question, should the supplier be taken to court for not doing this properly?
            It will cost you a lot of money and it’s highly likely that you will lose.

            So no, the supplier shouldn’t be taken to court.

            But since you don’t seem to want to hear that, I will simply repeat BR14:

            Go for it.

            Let us know how you got on...
            "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
            - Voltaire/Benjamin Franklin/Anne Frank...

            Comment


              #16
              Originally posted by cojak View Post
              It will cost you a lot of money and it’s highly likely that you will lose.

              So no, the supplier shouldn’t be taken to court.

              But since you don’t seem to want to hear that, I will simply repeat BR14:

              Go for it.

              Let us know how you got on...
              Cojak were this any of year that would be the correct response.

              In April everything changes though so the thing the OP wants (i.e. the end client and agency taking responsibility) is about to happen.

              And look how well that is currently working out...
              merely at clientco for the entertainment

              Comment


                #17
                Originally posted by cyborg1337 View Post
                I've got substantial proof of this being an inside IR35.
                Pay your tax and National Insurance then. It's your responsibiltiy to hve determined the status, and your responsibility to pay the right tax.

                This is the kind of case (where people know they are inside IR35 but don't pay the tax) that leads to sledgehammers to crack walnuts like we're going to get in April.
                I'm not fat, I'm just fluffy.

                Comment


                  #18
                  Originally posted by DeludedKitten View Post
                  Pay your tax and National Insurance then. It's your responsibiltiy to hve determined the status, and your responsibility to pay the right tax.

                  This is the kind of case (where people know they are inside IR35 but don't pay the tax) that leads to sledgehammers to crack walnuts like we're going to get in April.
                  It's not always obvious from day one, sometimes it can take a while for it to be really clear what it is.

                  When you get to the point you realise that sh*t this is inside; Do you just call it quits and pay your taxes and let them get away with it?

                  Comment


                    #19
                    So you want to make a fuss for no reason except flag to HMRC that you owe them a tulip load of tax??

                    Wow. Makes JtBs case look vaguely sensible in comparison.

                    If you start taking agencies to court over contracts that are outside but work conditions are inside? A vast majority of contractors are in this position and are happy to try avoid HMRC to keep their money and you bring in it in the spotlight it's all a sham? If you win you'll be the most hated person in contracting.

                    First step is to prove to HMRC you are inside and pay them their tax. Let's see how that affects your desire to follow this up.

                    Just ridiculous.
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment


                      #20
                      Originally posted by cyborg1337 View Post
                      So back to my original question, should the supplier be taken to court for not doing this properly?
                      No. It's your responsibility.
                      I'm not fat, I'm just fluffy.

                      Comment

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