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Does one IR35-caught role predispose HMR&C to assume all roles are?

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    Does one IR35-caught role predispose HMR&C to assume all roles are?

    Title says it all, or most of it.

    If I were to accept a contract that is bang-to-rights IR35-caught (because it is a public sector role), will that incline HMR&C to assume that my other roles supposedly outside IR35 are more likely to be caught?!

    In other words will being caught once "poison the well" for other contracts, in practice (and I'm not interested in nit-picking about principles - I know it shouldn't in theory) ?

    TIA
    Work in the public sector? Read the IR35 FAQ here

    #2
    Originally posted by OwlHoot View Post
    Title says it all, or most of it.

    If I were to accept a contract that is bang-to-rights IR35-caught (because it is a public sector role), will that incline HMR&C to assume that my other roles supposedly outside IR35 are more likely to be caught?!

    In other words will being caught once "poison the well" for other contracts, in practice (and I'm not interested in nit-picking about principles - I know it shouldn't in theory) ?

    TIA
    It depends on phases of the moon and other whimsies as to what IR35-caught means and what HMRC will do in the future.

    Not helpful, I know, but what did you expect?
    Old Greg - In search of acceptance since Mar 2007. Hoping each leap will be his last.

    Comment


      #3
      It shouldn't but it may stick your head above the trench in their mind.

      You need to make it clear in your inside IR35 contract that you're happy to bow and kneel and so on - full SDC, etc. while in your outside IR35 contracts you're acting as a consultant from a small consultancy and a supplier rather than a temporary employee.
      The greatest trick the devil ever pulled was convincing the world that he didn't exist

      Comment


        #4
        Are you going through a brolly for the inside role or continuing to operate through your ltd?

        Comment


          #5
          There's never been any information from anywhere, including the likes of QDOS, about how the Revenue select IR35 cases. You'll see endless pontification, especially on here, but its all pure speculation.
          "Don't part with your illusions; when they are gone you may still exist, but you have ceased to live" Mark Twain

          Comment


            #6
            Originally posted by OwlHoot View Post
            ... bang-to-rights IR35-caught (because it is a public sector role),...
            https://www.contractoruk.com/news/00...back_foot.html
            Down with racism. Long live miscegenation!

            Comment


              #7
              I think the key word is 'caught'.

              If you are 'caught' by HMRC and found to be inside they'll check all your contracts.

              If you simply work a contract inside I'm not sure they'd know. You'd just be paying more tax. I cannot see how that would get their attention.
              See You Next Tuesday

              Comment


                #8
                Originally posted by Lance View Post

                If you simply work a contract inside I'm not sure they'd know. You'd just be paying more tax. I cannot see how that would get their attention.
                And by rights they shouldn't be taking an interest. You are assessing the role and paying the correct tax. That is how the system works. They should be applauding this not investigating it. I'd hope to god they'd take more interest in someone who's been on an outside gig their entire career than someone using the system exactly as it's supposed to be used.

                But we are talking about HMRC here.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  Originally posted by Pondlife View Post
                  Are you going through a brolly for the inside role or continuing to operate through your ltd?
                  Aren't brollies mandatory for public sector contracts these days?
                  His heart is in the right place - shame we can't say the same about his brain...

                  Comment


                    #10
                    Originally posted by Mordac View Post
                    Aren't brollies mandatory for public sector contracts these days?
                    That's a sarcastic/witty comment or something isn't it?
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment

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