Capita Tax assurance (IR35) still referring to business entity tests

[lilou]

Hi there

I wonder whether anybody has been through the process of onboarding with Capita since April 21015. I was given a form where I have 'undertake to provide evidence' of my low risk of being under IR35 and low scoring ('21 or under) on entity tests.
but as we know, these tests were scrapped by HMRC in April, HMRC agrees to drop Business Entity Tests :: Contractor UK

I have tried to contact Capita but no-one seemed to know, while i am now signing a document where i am practically unable to provide the proof they are asking for.

[SueEllen]

They don't care as it's a simple paper shuffling exercise to them.

Simply make sure you have tax investigation insurance and get on with it.

[Maslins]

Simply make sure you have tax investigation insurance and get on with it.

Had a client forward an email from Capita re this yesterday, and the above wasn't an option.

Basically you had 3 choices:
1) provide evidence you're low risk (which hardly any contractor will achieve),
2) if you're medium-high risk, provide a certificate from HMRC confirming you're outside IR35,
3) provide evidence that you're doing a deemed calculation (basically that you're inside IR35).

There was no option for "I'm medium-high risk but I'm happy I've done my due diligence and am outside", with or without external professional opinion (barring HMRC certificate)...also no option for "The BETs have been scrapped by HMRC you fools".

I imagine HMRC would be highly unlikely to issue certificates confirming you're outside IR35...especially given IR35 should be on a "per contract" basis, so they'd be confirming, BEFORE a client signed a contract with Capita, that the contract they were about to enter was definitely outside.

Basically it's a big load of poop.

[TheFaQQer]

Had a client forward an email from Capita re this yesterday, and the above wasn't an option.

Basically you had 3 choices:
1) provide evidence you're low risk (which hardly any contractor will achieve),
2) if you're medium-high risk, provide a certificate from HMRC confirming you're outside IR35,
3) provide evidence that you're doing a deemed calculation (basically that you're inside IR35).

There was no option for "I'm medium-high risk but I'm happy I've done my due diligence and am outside", with or without external professional opinion (barring HMRC certificate)...also no option for "The BETs have been scrapped by HMRC you fools".

I imagine HMRC would be highly unlikely to issue certificates confirming you're outside IR35...especially given IR35 should be on a "per contract" basis, so they'd be confirming, BEFORE a client signed a contract with Capita, that the contract they were about to enter was definitely outside.

Basically it's a big load of poop.

Last I heard, it was taking two months for HMRC to provide any assessment anyway - and without knowing the working conditions they can't do that.

[Sausage Surprise]

Yes I had this recently for a DWP gig. Told them to shove it.

[TestMangler]

Yes I had this recently for a DWP gig. Told them to shove it. they then bobbed the job and filled the vacancy with an ICT paying ZERO UK tax.

FTFY