A PB didn't know they were under IR35 from 2017. Close to the end of the contract, the PB came to the contractor and said they'd just realised about IR35. Can they charge the contractor PAYE and NI now?
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Last edited by Datman; 18 February 2020, 22:49. -
Poor. Very very poor.What is the situation here?Last edited by northernladuk; 18 February 2020, 20:00.'CUK forum personality of 2011 - Winner - Yes really!!!!
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The first question is is the Public Body subject to the Freedom of information ActOriginally posted by Datman View Post
Contractors' Questions: Who's caught by April's IR35 changes?
And then we come to the second bit
Finance Bill 2017: Contractors' IR35 status to rest with public sector clients
where the issue is the end clients to sort out and pay. It would be better all round to just reach an outside determination and leave things at that...merely at clientco for the entertainmentComment
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How long was 'he' there and is he still there?
Now they know the need to provide a determination what have they decided?'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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If they are genuinely PB (check FOI status as suggested), the tell them to go **** themselves. Prepare for immediate bench time.Originally posted by Datman View PostSee You Next TuesdayComment
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An SDS is applicable only from this April, even in public sector.
Prior to this the PB would only need to make a determination via some means.
Where is the agency in all of this? What have they said?Comment
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Really interesting articles - sending them on right now. I don't know the full circumstances around the situation, but was very interested to know myself. Thanks for posting themOriginally posted by eek View PostComment
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It's a bit surprising he and his client doesn't know this but why don't you? Public sector changes have been around 2 years and its about to hit private sector in 6 weeks.Originally posted by Datman View Post'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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He didn’t say he didn’t know about the PS changes, he’s saying he’s not sure how to help his colleague in this situation."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
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This.Originally posted by eek View Post
The contractor has already paid corporation tax and dividend tax and is unable to reclaim them, at least in full. So there's no scenario in which it would be just or appropriate for him to pay the full PAYE taxes. They've blown it and the responsibility is on them.
But, they need to be asked why they think anything is do. Hopefully the contractor has a contract review or a CEST result or something showing he's outside. At this point, it's in everyone's interest to find him outside, then there's nothing due.
If his contract says there is a right of substitution, he can take them to CEST and say, 'All you have to do is confirm in CEST that you would have agreed to abide by the contract and accept a substitute. If we do that, this is outside and there is no problem here.'Comment
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