Staying in the same public sector contract after April 2017

[eek]

I'm not making those assumptions w/r to the first point, namely that this is more likely the source of a test case, because there's much more at stake for the contractor. Once you have a test case, it's impossible to say what a judge might rule w/r to the online tool or process, but they have no problem in ruling against HMG where appropriate. If you're looking for parallels, take a look at the folks that are fighting schemes. If HMRC are imposing full tax, interest and penalties for a long retrospective period, it leaves people with little option other than to fight.

Only if they've got the cash to fight. And another point would be that most people (paying far more tax from April 2017 than they were before) will not be in a position to fight.....

[malvolio]

The initial FTT case will not set case law or any precedents; they will only decide if the contract is caught or not. You get case law you have to go up one level through the appeals process. You only need one or two carefully selected cases then. IPSE and QDOS will no doubt be honouring their contracts at the FTT level, which are comparatively inexpensive and which they have insured themselves against.

It's HMRC that doesn't have the resources for a major campaign in the courts, not us. Chances are (a slim one but let's be positive) they may not contest those with protective insurance, as seems to be the case now.

[jonnyboy]

In risk of this turning into another tail eating snake....

1) Rules now state that end client makes decision of IR35 in or Out
2) If need be, they use the new tool - with HMRC saying they will honour the result
3) If client is willing to create a SCD cover letter, and therefore also tick the right boxes on the HMRC tool to get it flagged as out of IR35..

Then does this not cover it? So the risk is being caught inside which is...

1) Retrospective tax (I guess only applies of in the same contract for a long time)
2) IF there is NI to pay, then its down to the client
3) But there is a risk that if originally labelled out, then it gets audited, then its viewed as IN, there is the expenses between start and caught date to deal with

On the plus side, with so many contractors leaping off of the titanic aiming to get those few and far between private gigs, it would be possible to demand top rate in the PS as resource would be limited. Everybody with a client who will help with a working practice letter then sits in their contract, watching the view as the titanic sinks, and the fiddlers fiddle

[northernladuk]

On the plus side, with so many contractors leaping off of the titanic aiming to get those few and far between private gigs, it would be possible to demand top rate in the PS as resource would be limited. Everybody with a client who will help with a working practice letter then sits in their contract, watching the view as the titanic sinks, and the fiddlers fiddle

You are forgetting you are talking about the PS here. Can't remember if you've worked on a PS gig but they just don't work like this. Look at the wages they pay and the people they have. I very much doubt they will be string armed on rates because of this like a private one would be.

Aren't you the guy that is happy to sell himself short when everyone around him is earning more? Won't they just look for more like that and carry on struggling?

[NHS01]

Well I handed my notice in and complete end of Jan.

Spoke to a senior member of HR who was sending out notes requesting contractors provide evidence of being in/out of IR35 within 4 weeks - this is prep for April, what will actually happen then is unclear.

I like the programme and the people, but with an offer from the private sector at more money it was a no brainer.

Also, not sure about all this talk about PS low rates. I started on a rate comparable to private sector (£600ish), they offered to match my other offer which was almost 20% higher and then a bit more for the potential IR35 hassle.

[Gaz_M]

Well I handed my notice in and complete end of Jan.

Spoke to a senior member of HR who was sending out notes requesting contractors provide evidence of being in/out of IR35 within 4 weeks - this is prep for April, what will actually happen then is unclear.

I like the programme and the people, but with an offer from the private sector at more money it was a no brainer.

Also, not sure about all this talk about PS low rates. I started on a rate comparable to private sector (£600ish), they offered to match my other offer which was almost 20% higher and then a bit more for the potential IR35 hassle.

I'm leaving on Feb 3rd even though extensions are on the table.

Also had emails asking us to prove why we work outside & have 10 days to reply else contracts terminated. Nothing to do with April but part of an ongoing PS clampdown.

[northernladuk]

Also had emails asking us to prove why

we work outside

& have 10 days to reply else contracts terminated. Nothing to do with April but part of an ongoing PS clampdown.

Cause you like high viz jackets, daft tans in summer and you can't empty the bins if they were inside?

[youngguy]

As one opportunity closed another opens .... (For contractor calculator at least) https://ir35testing.co.uk

[eek]

As one opportunity closed another opens .... (For contractor calculator at least) https://ir35testing.co.uk

Copyright 2015 at the bottom of the page

[youngguy]

Copyright 2015 at the bottom of the page

Boiler template perhaps ?!