Public sector outside IR35 if caught , number years I am liable get less Public sector outside IR35 if caught , number years I am liable get less
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  1. #1

    Nervous Newbie


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    Default Public sector outside IR35 if caught , number years I am liable get less

    Is this correct?

    I am a public sector , Dept of Education contractor with a outside IR35 contract since April 2017, and have been with them total 6 year now.

    Let says I am investigated tomorrow,and they claim I need to pay 6 year back dated Tax, NI etc

    Would I be right in assuming that the last 2 years 7 months up to April 2017, I would not be liable to for any tax claims as per the new off payroll rules, where the Client ( Dept of Education) is responsible and they would have to pay?

    The years before 2.7 years - i.e 3 years 4 months - I would be liable as I would have been personally liable to determine my IR35 status.

    What I am getting at, is my liability less due to the new rules that commenced in April 2017, where the Client is responsible for the determination and the tax.

    Thus each year that passes, my own personal liability within the 6 year time frame will get less and the client get more?

    Or am I barking up a wrong tree with this scenario?

  2. #2

    Should post faster


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    Yes, any incorrect determination post April 2017 is your client’s problem, not yours. And if they’ve deemed you inside I’d be amazed if HMRC went after you for earlier years.

  3. #3

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    northernladuk's Avatar
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    Quote Originally Posted by Amanensia View Post
    Yes, any incorrect determination post April 2017 is your client’s problem, not yours. And if they’ve deemed you inside I’d be amazed if HMRC went after you for earlier years.
    You mean outside?
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  4. #4

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    northernladuk's Avatar
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    How have you managed to dodge their two year rule?

    DfE were full of permatractors that should have been deemed inside back in the day so no idea how they haven't. So many people part and parcel there it's not true.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  5. #5

    Should post faster


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    Quote Originally Posted by northernladuk View Post
    You mean outside?
    Yeah typo whoops...

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