Writing this to my client, in advance of April 2020

[TheInvoicer]

You need to talk to them rather e mail or letter in my view. Especially if they have no clue,


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[ChimpMaster]

Hmm. Direct to client.

What's their payment record? Do they pay within a week, a month, three months?

I'd probably write a letter like this, I think it is a good idea, but of course it depends on the people involved and how they'll react.

If they aren't ready and don't want to think about it then their payment schedule comes into play. Since you are direct, you could negotiate an extension to mid-March if they'd commit to paying before April. In fact, you could do a full six months if they'd promise to pay before the sixth, and that would let them kick this down the road for six months. Otherwise, they pretty much have to think about it now. I've got clients that I could get that kind of turnaround if it were to their benefit. It could never happen with an agent in between but being direct it just might.

The best plan is to guide them to an outside determination, obviously, but failing that if you can defer it by taking an extension for which you will have full payment before 6 April is an option. That also has the advantage of being able to take advantage of the slim possibility that the new regime could kill this monstrosity.

This is where I am veering towards, perhaps even a 5 month extension. Payment terms are 2 weeks and these are met most of the time. It would be the easiest option to take right now and I don't have to deal with it right now then. I'll negotiate the extension and then give them a nudge in a few months.

To those saying that I should speak with them face to face, I've already mentioned that I don't work on site and don't have a specific contact to speak to about this (no one knowledgeable or anyone who would care). And the legal team are based abroad.

We're all hoping that this whole private sector implementation will be rescinded, but of course we know it's unlikely given how hard-nosed the government are. So I wouldn't base any forward planning on Hope alone. Best to start thinking about it now so that you're in a better position come April.

[Paralytic]

To those saying that I should speak with them face to face, I've already mentioned that I don't work on site and don't have a specific contact to speak to about this (no one knowledgeable or anyone who would care). And the legal team are based abroad.

Why do you assume that people who advised speaking to them meant only face-to-face? I'd phone them first, even if abroad. And if you can't get a name, email first asking for a name and send a more generic email saying what you wish to speak about. The response from that might help you understand where they are in their thought process (if anywhere).

It will be interesting to hear if an off-shore legal team are up to date with the intricacies of UK tax law...

[ChimpMaster]

Well in the end I didn't let the tail wag the dog.

I wasn't expecting much of an extension but I have been offered 12 months, though the client did make it clear that I am on a zero day notice period

I haven't argued it yet. I'll wait to see what happens closer to the time.

[WordIsBond]

I haven't argued it yet. I'll wait to see what happens closer to the time.

I'd start discussions early (like probably mid-January) and tell them you'll have to leave by end of February if they are going to rule this inside. You've got a lot of potential liability.

[webberg]

I'd start discussions early (like probably mid-January) and tell them you'll have to leave by end of February if they are going to rule this inside. You've got a lot of potential liability.

The idea that you can ask/force the end client to "rule this inside" is perhaps fanciful?

An end client will have a way of working that suits them. If they can make small changes to how a role is supervised, directed and controlled, AND STICK TO IT, then perhaps this can be achieved.

I'm guessing though that larger end clients would be less accommodating as they probably have large scale working populations and therefore relatively fixed policies and procedures?

Asking an end client to "back me or sack me" is a brave move.

[WordIsBond]

The idea that you can ask/force the end client to "rule this inside" is perhaps fanciful?

An end client will have a way of working that suits them. If they can make small changes to how a role is supervised, directed and controlled, AND STICK TO IT, then perhaps this can be achieved.

Given what OP has said, that he thinks it is clearly outside, he doesn't even have any one individual to discuss it with at client, is direct rather than through an agent, and works entirely off-site, I'd guess it should be outside. If there's no one individual supervising and he's off-site it shouldn't be hard to argue he's not under SDC.

I'm guessing though that larger end clients would be less accommodating as they probably have large scale working populations and therefore relatively fixed policies and procedures?

OP doesn't sound like that's his case, if it's a larger client he's probably plugged in with a division that has a measure of autonomy in who they contract with and how (otherwise he wouldn't be direct and he wouldn't be entirely WFH).

Asking an end client to "back me or sack me" is a brave move.

I wouldn't characterise my suggestion that way. It would be more like, 'You are going to have to guarantee you aren't going to do something stupid and stick me with a big historical tax liability along the way, or I'm walking.' The brave thing (I'd call it foolhardy) would be to stick around and face an inside determination, knowing that makes him a sitting duck for HMRC for historical contracts. Better to sit on the bench for a few months, even if he ends up having to take an inside contract somewhere else, then face a huge historical tax liability.