HMRC rule out previous year's tax investigations HMRC rule out previous year's tax investigations
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  1. #1

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    Default HMRC rule out previous year's tax investigations

    Does this mean those who have blanket IR35 assessments done at their clients, can switch to perm without fear of flagging up to HMRC? Or does it just mean that if you switch from OUT to IN, you won't be investigated.

    HMRC IR35 Promise to Contractors - We Will Not Chase You for Back Tax

  2. #2

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    Quote Originally Posted by heyya99 View Post
    Does this mean those who have blanket IR35 assessments done at their clients, can switch to perm without fear of flagging up to HMRC? Or does it just mean that if you switch from OUT to IN, you won't be investigated.

    HMRC IR35 Promise to Contractors - We Will Not Chase You for Back Tax
    No, it does not mean there is no risk if you switch to perm. Do you trust HMRC? It would be easy for them to investigate anyone and say they had misinterpreted what I’d say is a pretty woolly statement. Read the words they wrote carefully.

    HMRC have promised very little.
    Last edited by Paralytic; 28th October 2019 at 00:00.

  3. #3

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    I think it is safe to say the days of believing the HMRC will promise anything, are long gone. (If they ever existed)

    Treat Everything they say with due diligence and caution.

    As for 'reason for Fraud and Criminality', they can cite that prior to any investigation and carry on as usual.

    I would have thought their telling companies Not to blanket assess while at one and the same time, issuing 1500 letters to GSK contractors would be consideration enough not to believe their promises.

  4. #4

    Contractor Among Contractors


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    HMRC IR35 Promise to Contractors – We Will Not Chase You for Back Tax
    Loan charge victims say hello...

    Only a really gullible person would believe such empty promises.

  5. #5

    TPAFKAk2p2

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    Quote Originally Posted by heyya99 View Post
    Does this mean those who have blanket IR35 assessments done at their clients, can switch to perm without fear of flagging up to HMRC? Or does it just mean that if you switch from OUT to IN, you won't be investigated.

    HMRC IR35 Promise to Contractors - We Will Not Chase You for Back Tax
    For contractor news, I'd recommend this site rather than that clickbait, which is really opinion rather than fact.

    https://assets.publishing.service.go...Factsheet_.pdf

    "HMRC will not carry out targeted campaigns into previous years when
    individuals start paying employment taxes under IR35 for the first time. Organisations’
    decisions about whether workers are within the rules will not automatically trigger an enquiry
    into earlier years"

    which is a very long way from saying you are immune from investigation. There won't be an automatic enquiry - someone will look at it and make a decision. Personally, I'd want to make sure my insurers were happy to cover it.

  6. #6

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    Quote Originally Posted by heyya99 View Post
    Does this mean those who have blanket IR35 assessments done at their clients, can switch to perm without fear of flagging up to HMRC? Or does it just mean that if you switch from OUT to IN, you won't be investigated.

    HMRC IR35 Promise to Contractors - We Will Not Chase You for Back Tax
    There are 1,500 GlaxoSmithKline contractors who I bet trust this promise as far as they can throw it.

  7. #7

    Contractor Among Contractors

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    Quote Originally Posted by heyya99 View Post
    Does this mean those who have blanket IR35 assessments done at their clients, can switch to perm without fear of flagging up to HMRC? Or does it just mean that if you switch from OUT to IN, you won't be investigated.

    HMRC IR35 Promise to Contractors - We Will Not Chase You for Back Tax
    Politicians are wonderfull people, as long as they stay away from things they don't understand, like working for a living!

  8. #8

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    Quote Originally Posted by mudskipper View Post
    For contractor news, I'd recommend this site rather than that clickbait, which is really opinion rather than fact.

    https://assets.publishing.service.go...Factsheet_.pdf

    "HMRC will not carry out targeted campaigns into previous years when
    individuals start paying employment taxes under IR35 for the first time. Organisations’
    decisions about whether workers are within the rules will not automatically trigger an enquiry
    into earlier years"

    which is a very long way from saying you are immune from investigation. There won't be an automatic enquiry - someone will look at it and make a decision. Personally, I'd want to make sure my insurers were happy to cover it.
    Dude read it carefully! A lot of contradictory wording going on.

    This line says it all:

    "rules will not automatically trigger an enquiry
    into earlier years"

    They should add an in person investigation will trigger an investigation into all prior years and work done in the last 6 years.

  9. #9

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    While trying to dissect this week's HMRC missive is indeed laudable and responsible, I believe if people ignore all of the rhetoric and just assume that;

    The HMRC will investigate as it pleases, for as far back as it pleases, may change the rules and the landscape, and will almost certainly not lead first by example,

    ...then I think people will be readier, if not ready, for all.

  10. #10

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    HMRC:

    1) Don't know what they are doing...continually evidenced, my recent favourites are disregarding the outcome of their own CEST tool in a tribunal and dropping an IR35 investigation into a contractor that was working for HMRC themselves
    2) Change the rules today to suit them tomorrow....continually evidenced, my recent favourite being when they said they wouldn't extend IR35 reform into the private sector when they introduced it to the public sector

    The end
    Last edited by 7specialgems; 29th October 2019 at 14:05.

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