I have a meeting with a client and I would be grateful if anyone can clarify a couple of issues I'm still confused about. I know we're awaiting final Nov confirmation on some of this but answers as of now / what everyone thinks will happen are good enough to start discussions with.
WHO IS RESPONSIBLE FOR THE DETERMINATION?
If I provide services { me > my Ltd Co > Agency > Private Sector Client > Public Sector client } - who is responsible for the IR35 determination?
I think post April 2020 it will be the private sector client.
I think pre. April 2020, I contract to the private sector so the determination is still with me.
Is this correct?
WILL ALL CONTRACTS HAVE A PRE DETERMINATION?
In terms of taking new contracts in the above scenario, am I correct in thinking that any contract I negotiate that goes over April (1st)? will need to have a pre-determination. As in, if I had a contract from Nov > May I need to have that (post April determination clarified).
How can a pre-determination even work, given that it's based on both contract & working practices. The private sector client in the above essentially pimps me out to a public sector client, the contract bit is easy enough to sort to my mind, the working practices bit is basically something that I determine. I work in a certain way, so I turn up on site, the public sector shows me the system & what they need then needs to leave me to it. But, if it's a new gig you don't know exactly what you're walking into it. Sure I can say, I do these hours and I won't be managed and I won't be available on these days but in reality we all have to bend a little.
HOW WILL THE APPEALS PROCESS WORK?
Post April 2020, let's say I was determined inside. Let's say I disagree. Let's say I appeal. Let's say this takes 4 months with a client that is new to all of this and finding their way themselves. How do I work and how am I paying taxes during that appeals process? Who is responsible for the final-final post appeal determination? What then happens if the appeal finds I'm STILL inside. Do I go back those 4 months and pay back any expenses / incorrectly paid taxes?
Thank you.
WHO IS RESPONSIBLE FOR THE DETERMINATION?
If I provide services { me > my Ltd Co > Agency > Private Sector Client > Public Sector client } - who is responsible for the IR35 determination?
- Pre April 2020.
- Post April 2020.
I think post April 2020 it will be the private sector client.
I think pre. April 2020, I contract to the private sector so the determination is still with me.
Is this correct?
WILL ALL CONTRACTS HAVE A PRE DETERMINATION?
In terms of taking new contracts in the above scenario, am I correct in thinking that any contract I negotiate that goes over April (1st)? will need to have a pre-determination. As in, if I had a contract from Nov > May I need to have that (post April determination clarified).
How can a pre-determination even work, given that it's based on both contract & working practices. The private sector client in the above essentially pimps me out to a public sector client, the contract bit is easy enough to sort to my mind, the working practices bit is basically something that I determine. I work in a certain way, so I turn up on site, the public sector shows me the system & what they need then needs to leave me to it. But, if it's a new gig you don't know exactly what you're walking into it. Sure I can say, I do these hours and I won't be managed and I won't be available on these days but in reality we all have to bend a little.
HOW WILL THE APPEALS PROCESS WORK?
Post April 2020, let's say I was determined inside. Let's say I disagree. Let's say I appeal. Let's say this takes 4 months with a client that is new to all of this and finding their way themselves. How do I work and how am I paying taxes during that appeals process? Who is responsible for the final-final post appeal determination? What then happens if the appeal finds I'm STILL inside. Do I go back those 4 months and pay back any expenses / incorrectly paid taxes?
Thank you.
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