Finishing 31st March, do I need an IR35 determination?

**Andy Hallett** · 9 March 2017, 17:33

Originally posted by willendure View Post

My businesses contract ends on 31st March. The agency has said, so long as timesheets are in by then, they will get the money before 6th April.

So am I right in thinking that the public sector body should not even be giving their decision on whether my business is in or out?

I have 2 concerns really. Losing some tax on the last weeks work, not such a big deal. Getting an 'in' decision from the public sector body and then getting back-dated for the entire contract and having to hand over my life savings to HMRC.

They can give a decision, but it will be N/A unless you are paid on the 6th or after. Just to calrify, it is when the agency pays you, not when the client pays them. Also we are basing it on transmission of funds, not receipt - we cannot be liable for the banking system!

**willendure** · 9 March 2017, 19:42

Thanks. I will check the details very carefully in that case, might be worth leaving a little early if it doesn't seem like its going to work out the right way for me.

**willendure** · 10 March 2017, 22:36

So my agency have set things up so that the last payment in March will go through fast before the deadline. Also the end-client are taking a favorable view on contracts like mine with a RoS clause - after all that is the contract they signed up to.

The agency said that HMRC sources have said this is a forward looking only change and they won't be using as an excuse to back-date. Not totally convinced on that one, but looks like it will all be fine anyway.

**BigRed** · 10 March 2017, 23:08

I've seen a few threads saying that the agency will rush payment through before 6th April, it would be tragic if they had a payroll glitch and you have to decide whether to forgo the payment or take the risk

**willendure** · 11 March 2017, 10:38

Originally posted by BigRed View Post

I've seen a few threads saying that the agency will rush payment through before 6th April, it would be tragic if they had a payroll glitch and you have to decide whether to forgo the payment or take the risk

Yes, would rather not take the risk. I'll make it my aim to get an all clear from the end-client on the RoS then no risk at all.

Finishing 31st March, do I need an IR35 determination?