What do you honestly think will happen in 2020? What do you honestly think will happen in 2020? - Page 4
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  1. #31

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    Having moved house and reduced the number of cardboard boxes from horrendous to barely manageable, I'm trying to catch up again.

    I see that the question of cross over between Tax Tribunal and Employment Tribunal has arisen - again.

    I also recall having wasted a lot of time on this a few weeks ago. My memory says that:

    • A FTT would ignore an ET decision and vice versa, even where the facts are the same.
    • A decision in either Tribunal carries no precedent in the other.
    • Government policy is that "employment" and "Deemed employment" will never be the same.
    • Practically the time limits for bringing tax and employment cases are incompatible.
    • No sensible contractor would dream of taking an active client to ET


    I also recall that "wait until the ET sees this" or "take it to an ET" was the answer to just about every legitimate query raised.

    Did we not agree that a case from long ago and which has little factual, legal or anecdotal relevance in a period which has seen more recent cases, policy and legislation, is not relevant today?

    Finally we agreed that we would look forward and not back?

    Given the number of issues presently vying for my attention, (but accepting that debate and exchanges here are not reliant upon my reading or contributing), if we descend again into a spiral we have all seen before, I'll be ignoring this thread.
    Best Forum Adviser & Forum Personality of the Year 2018.

    (No, me neither).

  2. #32

    Nervous Newbie


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    Quote Originally Posted by CryingSheep View Post

    On the other hand, it happened to me before having a 6 months contract and after 4 months the project was over and my contract was terminated! How this wouldn't clearly put me outside IR35!?
    .
    Same happened to me in 2013. 3 months into a 6 month contract preparing for new industry rules, then the industry regulator postponed the deadline and the next day me and other contractors were shown the exit. Great example of the lack of moo.

    As a nervous, naive newbie at the time, I'd treated it as inside IR35. Having seen that this can happen, I swore I was never going to treat a gig as inside again.....unless everything else was extreme enough to make it a no-brainer inside (and funnily enough I have treated one as inside and it was PRIVATE sector).


    Another moan about IR35: I once decided that I'd start a gig and see how the working practices evolved over the first couple of months so that I could make a retrospective inside vs outside decision just like HMRC. But my accountants tulipe themselves when I told them I'd done that and they said I'd dug myself into a hole and must never do that again...........turns out it wasn't much of a hole and was certainly a less deep one than making the wrong determination.

  3. #33

    Still gathering requirements...


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    OK thank you

  4. #34

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    Quote Originally Posted by DeathAndTax View Post
    Same happened to me in 2013. 3 months into a 6 month contract preparing for new industry rules, then the industry regulator postponed the deadline and the next day me and other contractors were shown the exit. Great example of the lack of moo.
    Left a contract when the migration I was working on came to an end - client wanted me to stay on but I didn't - didn't want to do a BAU role, so left. Went to a bank in the Cheshire countryside. They decided to bin all their contractors on the project to cut costs after 9 month. Went to a bank in canary wharf - after 3 months they had a big falling out with their client and cancelled the project. Notice was served to all the contractors leaving me 2 months into a 6 month lease on a flat I no longer needed at Victoria Docks - I'd just qualified for Virgins traveller thing also, so was largely wasted! Managed to land a role in Edinburgh where I could decide where I was going to work & my hours. No direction or control. I'd tended to do Mondays and Fridays from home, using a combination of their kit and mine. I'd do Tuesday to Thursday mornings from the flat I rented and wander into the office at the crack of 1pm. I continued to work for them for the first 10 months of my next contract on a day per week basis as the project wound down. Now back down to 1 client and again I can decide where I work from - 2 days in the office usually - days that I pick. Never involved in any permie type things and contractors are not allowed to park on site.
    Rule Number 1 - Assuming that you have a valid contract in place always try to get your poo onto your timesheet, provided that the timesheet is valid for your current contract and covers the period of time that you are billing for.

    I preferred version 1!

  5. #35

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    My main client's competitor has offered me an outside contract if I jump ship. Waiting to see which way my current client jumps but nice to know I've a potential escape route.
    ...my quagmire of greed....my cesspit of laziness and unfairness....all I am doing is sticking two fingers up at nurses, doctors and other hard working employed professionals...

  6. #36

    Contractor Among Contractors


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    This latest loss by BBC presenters will embolden HMRC and we will see a much greater campaign of attacking IT contractors, whether declared inside or out. Those declared outside will be the first target and those declared inside will be subject to historical investigations in due course.

  7. #37

    I Am Legend


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    Quote Originally Posted by JohntheBike View Post
    This latest loss by BBC presenters will embolden HMRC and we will see a much greater campaign of attacking IT contractors, whether declared inside or out. Those declared outside will be the first target and those declared inside will be subject to historical investigations in due course.
    BBC - historical investigations - hmmmmm

  8. #38

    Fingers like lightning


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    Quote Originally Posted by JohntheBike View Post
    This latest loss by BBC presenters will embolden HMRC and we will see a much greater campaign of attacking IT contractors, whether declared inside or out. Those declared outside will be the first target and those declared inside will be subject to historical investigations in due course.
    I don't see why. They've had success against tv presenters not IT contractors. Surely they'd go after more of the same?

  9. #39

    Contractor Among Contractors


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    Quote Originally Posted by oliverson View Post
    I don't see why. They've had success against tv presenters not IT contractors. Surely they'd go after more of the same?
    yes, the low hanging fruit initially and as they win more cases, they will feel confident of going after others.

  10. #40

    Still gathering requirements...


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    Quote Originally Posted by JohntheBike View Post
    yes, the low hanging fruit initially and as they win more cases, they will feel confident of going after others.
    I personally reckon there will be so many contractors still declaring themselves outside after April that the HMRC won't bother looking into old gigs by newly declared inside iR35 contractors. I believe that they have said so much (well that's if we can ever believe them) regarding not investigating prior switchers.

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