HMRC issue briefing on IR35 off payroll reform HMRC issue briefing on IR35 off payroll reform
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  1. #1

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    Default HMRC issue briefing on IR35 off payroll reform

    HMRC issue briefing: reform of off-payroll working rules - GOV.UK

    HMRC will launch a new CEST tool this year. Which is pointless if there are blanket determinations.

    "Contractors who are following the existing rules correctly will feel little impact".

  2. #2

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    "HMRC have taken the decision that they will only use information resulting from these changes to open a new enquiry into earlier years if there is reason to suspect fraud or criminal behaviour."

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    Quote Originally Posted by saptastic View Post
    HMRC issue briefing: reform of off-payroll working rules - GOV.UK

    HMRC will launch a new CEST tool this year. Which is pointless if there are blanket determinations.

    "Contractors who are following the existing rules correctly will feel little impact".
    HMRC have taken the decision that they will only use information resulting from these changes to open a new enquiry into earlier years if there is reason to suspect fraud or criminal behaviour.
    "why ride a vespa when you can push a lambretta?"

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    Quote Originally Posted by Major Hassle View Post
    HMRC have taken the decision that they will only use information resulting from these changes to open a new enquiry into earlier years if there is reason to suspect fraud or criminal behaviour.
    That's how it should be otherwise a change to CEST applied retrospectively would make things worse in terms of client confidence in a determination, as it would allow HMRC to time travel back and apply whatever rules it came up with in the future.

    It's all a bit of a moot point anyway, as we see with the almost daily news that clients are shortcutting the process to avert risk by not even bothering with the effort of determinations and dictating that future contracts will not be accepted for those operating via a PSC, willing to engage those using a brolly or payroll PAYE service only.
    Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

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    Yes that is the issue here - if companies say ok - lets make individual determinations based on said criteria - than those "real" contractors will have no change. But essentially it is the blanket determinations or no PSC policy by companies that is creating an issue. HMRC can now say it is not their fault and count the extra pennies.

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    HMRC estimates that, outside of the public sector, only one in 10 people who should be paying tax under the current off-payroll working rules are doing so correctly. These reforms will ensure the right amount of tax is collected. This will level the playing field between those who were applying the rules and those who were not.

    Utter BS.

    Quote Originally Posted by polomf View Post
    "HMRC have taken the decision that they will only use information resulting from these changes to open a new enquiry into earlier years if there is reason to suspect fraud or criminal behaviour."
    Where does it say that?

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    Quote Originally Posted by boxingbantz View Post
    HMRC estimates that, outside of the public sector, only one in 10 people who should be paying tax under the current off-payroll working rules are doing so correctly. These reforms will ensure the right amount of tax is collected. This will level the playing field between those who were applying the rules and those who were not.

    Utter BS.



    Where does it say that?
    bottom of section '2. Reform to the rules'

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    Quote Originally Posted by boxingbantz View Post
    HMRC estimates that, outside of the public sector, only one in 10 people who should be paying tax under the current off-payroll working rules are doing so correctly. These reforms will ensure the right amount of tax is collected. This will level the playing field between those who were applying the rules and those who were not.

    Utter BS.



    Where does it say that?
    This will level the playing field between those who were applying the rules and those who were not
    changing their justification again then. First it was about "a contractor doing the same job as a permie", then we had "a contractor earning the same as a permie", now we have "making sure that non compliant contractors follow compliant contractors". Isn't anyone challenging this propaganda?

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    Quote Originally Posted by polomf View Post
    bottom of section '2. Reform to the rules'
    Thanks, must have missed that bit.

    So no more investigations (for those of us who haven't committed fraud or suspected criminal activity)?

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    Quote Originally Posted by boxingbantz View Post
    Thanks, must have missed that bit.

    So no more investigations (for those of us who haven't committed fraud or suspected criminal activity)?
    Well they only have to suspect you of tax avoidance by incorrectly determining yourself outside ir35... so client now determining someone inside is a good reason to suspect it I would have thought

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