Official agency YouTube IR35 response Official agency YouTube IR35 response
Posts 1 to 4 of 4
  1. #1

    Still gathering requirements...


    Join Date
    Mar 2011
    Posts
    41

    Default Official agency YouTube IR35 response

    Click here for my agencies response to what is going on with the IR35 stuff.

    It’s an hour long YouTube video presentation including Q&A. They serve banks and insurance clients.

    Hope this helps others. Feel free to comment below...

  2. #2

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    40,461

    Default

    Listening to it now but nearly switched off 6.mins in when he said 'positive change'. Erm. You what?

    Edit : arghhh he said it again.

    Skip to 7 mins to avoid then intro guff but be ready for lots of.comments about 'your manager'

    They mention HMRC thinks 33% of roles are incorrectly determined by the contractor. I thought it was a hell of a lot more than that?

    20;45 interesting question about HMRC finding a contractor who is determined outside after April2020, investigates and wins, the liability is not with the client if they performed due diligence. Instead it passes to the fee payer I.e. OJ. They didn't say anything about whether the would shoulder that or pass it further down the chain. Not an area we've discussed is it? I felt the answer got left hanging and there is more to it than they say.

    35:00 mins in talking about Sow approach. Nice.

    44:00 oh dear oh dear. Talking about why OJ contracts are being extended until the end of March while clients sort themselves out. Completely missed anything to do with payments and nothing about when determinations need to come out etc. Not good advice to contractors at all.

    46:00 slightly redeem themselves by advising caution if you are going from outside to permanent and then says she personally thinks HMRC will be too busy to bother with these situations. Interesting.

    49:00 discussing that payment styles will change if SoW becomes the norm. Interesting and not something we've touched on here yet.

    They did mention 2 of their contractors have been investigated in the passed but lost where it was so don't know if they expanded on that. One for the nay sayers thar think no one ever gets investigated.

    Overall that's about it. Nice to see OJ taking it seriously and have a pretty decent knowledge of IR35. Nothing in there for anyone that's taken any kind of interest in the last few months.

    Could be worth a listen for a couple of our IR35 meerkat friends that have visited us recently. Will give them a basic overview from which to do more if their own research.

    Thanks for posting that.

    HTH
    Last edited by northernladuk; 5th October 2019 at 09:43.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  3. #3

    Still gathering requirements...


    Join Date
    Mar 2011
    Posts
    41

    Default

    There’s a lot of waffle tip toeing around giving straight answers but they do pick up pace a bit later on in the video.

  4. #4

    Super poster

    Hobosapien's Avatar
    Join Date
    Feb 2016
    Location
    LA - la la fantasy land
    Posts
    2,656

    Default

    Quote Originally Posted by northernladuk View Post
    20;45 interesting question about HMRC finding a contractor who is determined outside after April2020, investigates and wins, the liability is not with the client if they performed due diligence. Instead it passes to the fee payer I.e. OJ. They didn't say anything about whether the would shoulder that or pass it further down the chain. Not an area we've discussed is it? I felt the answer got left hanging and there is more to it than they say.

    Thanks NLUK for taking one for the team. Videos of 'experts' blathering on on YouTube is not something that interests me at all when a document allowing for speed reading to save time is a better form of communication of the important stuff, so thanks for the summary of the pertinent bits.

    Regarding the segment I've quoted above, this is one scenario that will have agencies defaulting to a safer 'no contracts outside IR35' position if they could be on the hook for any liabilities. No doubt the fee payer (agency) would look to pass it on to the contractor.

    I do wonder what type of due diligence the client does that is sufficient to avert liability but not sufficient to win an investigation! Surely if they start with CEST and HMRC stand by that determination then due diligence covers both situations. Needs HMRC to clarify what level of due diligence is likely to mean they won't bother with an investigation in the first place, if CEST isn't comprehensive enough.

    Edit: To be fair to the agency it's better than nowt.
    Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •