Public Sector body change of role and new contract..

**northernladuk** · 9 March 2017, 10:15

They can go back and look at any role just as they do with normal IR35 situations even with ex clients. You have a new role so I'd be very wary thinking the new determination has anything to so with the old one. Remember IR35 is on a case by case basis.

Question I have is what is the determination status of the new role and how did they come to the decision?

**eek** · 9 March 2017, 10:15

Originally posted by 225c View Post

Morning all
My current contract for a role finishes at the end of March. There is a chance I would be able to stay at the same public sector organisation but in a completely different role in a different part of the business.
Now obviously no ones for sure, but if I took a week off so finished end or March in one role and then started again 10th of April in another but inside IR35, HMRC "should" not be able to go after back tax for the previous role?
Obviously HMRC can blindly do what they want really but if I am being a good citizen and paying extra tax in my new role whilst still being a Ltd company then what are peoples thoughts on the likelihood of HMRC doing a retrospective tax grab should I ever get investigated?

I know its all speculation but opinions would be welcome.

Thanks

The main tool HMRC has to identify payments does not contain anything relating to a department it is a monthly report at an agency level. This is why I have continually stated that you need to completely change department as the important bit is not the department you are working in but changing the agency you are working through....

And that is not to say that changing Agency will in any way protect you 100%. It just means you will not be on the very easy report I suspect HMRC would run if they wanted to retrospectively investigate a set of easy to win cases.

**225c** · 9 March 2017, 10:34

Originally posted by eek View Post

The main tool HMRC has to identify payments does not contain anything relating to a department it is a monthly report at an agency level. This is why I have continually stated that you need to completely change department as the important bit is not the department you are working in but changing the agency you are working through....

And that is not to say that changing Agency will in any way protect you 100%. It just means you will not be on the very easy report I suspect HMRC would run if they wanted to retrospectively investigate a set of easy to win cases.

Ah that's the information I was after. Should this other role come up I will investigate if I can contract through another intermediary.

My reasoning for this is that even with all the extra tax being taken the benefits of staying (i.e no commute etc) where I am just out way the financial hit.

Thanks all.

Public Sector body change of role and new contract..