IR35 contract deemed inside

[Cookielove]

Hi,

I am sure this has been asked before but if my contract is now deemed to be inside as of 6 April what happens about the time I have already spent here is that deemed to be also in retrospectively?

My options are go PAYE, umbrella or leave?? No rate increase...

Agency not offering any increases.

Any advice?

Thanks

[Lance]

you gotta lot of reading to do.

Start here https://www.contractoruk.com/forums/ir35-reform/

[Lance]

I am sure this has been asked before but if my contract is now deemed to be inside as of 6 April what happens about the time I have already spent here is that deemed to be also in retrospectively?

No.

After April 6 your client makes the determination, and is responsible for it.

Before that, you made the determination and are responsible for it (you know this as you determined it didn't you?). That hasn't changed. However, there is a body of opinion that says you have increased your risk of an investigation if you go from outisde to inside. How sure are you that you made the correct determination?

[LondonManc]

The retro investigation by HMRC in the public sector suggests leave is the best action, almost a no-brainer.

[Cookielove]

Thanks it is really useful to hear what others are finding at the moment in real life...than reading lots of narrative and links...

Client deeming it in to be cautious I'd say...

[PCTNN]

The retro investigation by HMRC in the public sector suggests leave is the best action, almost a no-brainer.

Yep, finding another contract eliminates all the risks

[Cookielove]

I came on here for some help/advice not to be spoken to like an idiot ...it puts new people off asking as those who deem themselves the "experts" talk down to newbies...which isn't helpful or the purpose of this website which I thought it was to offer advice, support and share knowledge as contractors...

[Lance]

Yep, finding another contract eliminates all the risks

No it doesn't.
It reduces the risk of an investigation that is triggered by going inside. That's it.

[Lance]

I came on here for some help/advice not to be spoken to like an idiot ...it puts new people off asking as those who deem themselves the "experts" talk down to newbies...which isn't helpful or the purpose of this website which I thought it was to offer advice, support and share knowledge as contractors...

who was speaking to you like an idiot? All I can see is help/advice in this thread.
Or do you not fancy doing the reading that makes others 'experts'?

To answer your point about what others are doing..... Read the forum linked. It's where they are all talking about what they are doing.

[LondonManc]

No it doesn't.
It reduces the risk of an investigation that is triggered by going inside. That's it.

My point was that it makes you not one of the low-hanging fruit - that said, those that are sailing on and simply accepting the inside assessment/extension are probably the ones who should be thrown under the IR35 HMRC bus anyway. IF they're operating as a permietractor and enjoying both Ltd benefits and ClientCo benefits then they should be treated as perms and taxed accordingly.

It's also remiss of clients to simply blanket assess all roles - at least have a role-level assessment, e.g. all PMO and generic BAs inside, SMEs outside because you haven't got the knowledge in house, etc.

SMEs - you can't SDC them because you are looking to them for expertise: OUTSIDE
PMO grunts - you're telling them what to produce, how and when: INSIDE
DBAs - if you have some as perm, INSIDE, else OUTSIDE
And so on; it's not difficult to do and would allow you to retain key staff rather than risk losing them. It's something that you (the ClientCo you) could ask one of your agencies to assist with, given that it's in their interest.