Hi,
My end client is "working on" its determination status and should be issuing something out in the next "weeks or months". I currently have a contract since August that's been checked as outside by QDoS and have TLC35 but am looking at not renewing in December anyway. To be honest if (more a case of when I think) the client decides that everyone is inside then I really don't want the hassle involved in fighting them over it.
So the plan is to leave at Xmas at which point I'm (hopefully) sufficiently outside the firing line (initial at least) come April 2020. I do get paid on a weekly turnaround so thought about staying longer but a bit of risk aversion kicks in.
I was with the current client for almost 3 years until a project was finishing and we were told that the contractors wouldn't be needed for probably 3-6 months. I finished there and found another 3 month contract with a different client, away from home.
I was then asked if I was available to return to work on the newly released project with the initial client, so am back where I began. However, there are different job titles between the two, although the role is pretty much the same.
What I'd like some advice on, and as far as I'm aware it's all just speculation at the moment, is if I leave the contract at Xmas, close down my ltd etc, and come April HMRC do rock up, would it just be my current contract they investigate, or would they be likely to want to see ones from previous clients that had no self determination and would be classed as outside, certainly by me but don't have a QDoS safety net on these.
If I was to stay and HMRC were just goint to investigate the current client contract, going back 6 months then that's something I could live with. Going back 8 years presents a much greater risk.
I think that the client will probably be offering a few permy positions to make up the contractor shortfall, and as it's close to home I'd like to apply for one of them if I could. I'm pretty well thought of there as a contractor so that should stand in my favour. Would the 3 month gap help in not being flagged up to HMRC as a change of outside/not employed/inside permy. Or would they not have my name on the clients books anyway so wouldn't know where to look.
Any guidance appreciated
My end client is "working on" its determination status and should be issuing something out in the next "weeks or months". I currently have a contract since August that's been checked as outside by QDoS and have TLC35 but am looking at not renewing in December anyway. To be honest if (more a case of when I think) the client decides that everyone is inside then I really don't want the hassle involved in fighting them over it.
So the plan is to leave at Xmas at which point I'm (hopefully) sufficiently outside the firing line (initial at least) come April 2020. I do get paid on a weekly turnaround so thought about staying longer but a bit of risk aversion kicks in.
I was with the current client for almost 3 years until a project was finishing and we were told that the contractors wouldn't be needed for probably 3-6 months. I finished there and found another 3 month contract with a different client, away from home.
I was then asked if I was available to return to work on the newly released project with the initial client, so am back where I began. However, there are different job titles between the two, although the role is pretty much the same.
What I'd like some advice on, and as far as I'm aware it's all just speculation at the moment, is if I leave the contract at Xmas, close down my ltd etc, and come April HMRC do rock up, would it just be my current contract they investigate, or would they be likely to want to see ones from previous clients that had no self determination and would be classed as outside, certainly by me but don't have a QDoS safety net on these.
If I was to stay and HMRC were just goint to investigate the current client contract, going back 6 months then that's something I could live with. Going back 8 years presents a much greater risk.
I think that the client will probably be offering a few permy positions to make up the contractor shortfall, and as it's close to home I'd like to apply for one of them if I could. I'm pretty well thought of there as a contractor so that should stand in my favour. Would the 3 month gap help in not being flagged up to HMRC as a change of outside/not employed/inside permy. Or would they not have my name on the clients books anyway so wouldn't know where to look.
Any guidance appreciated
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