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outside IR35 before..inside after?

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    Hi. Ive been reading this forum with great interest so far and would like to say its been extremely helpful while grappling with IR35 so thanks to all involved.

    My role has been deemed inside so they want me to switch through the agency PAYE (blanket decision some people have been found outside on the working practices review and they are still telling them they are inside). Not been told about any rate cut or full details yet. I am in a position to jack it in for a while however as its only speculation at this point regarding retrospective IR35 investigations I am considering switching to the Agency. Ive been working for this client for a few years now. Have had multiple contracts essentially exactly the same with a few months break between one of them. Do you think there is a high risk of a potential investigation being followed up if the following criteria has been met and documented?

    1) Contract and working practices review deemed outside IR35
    2) Client signed off on a working practices review which confirms my working practice answers
    3) CEST tool advises outside

    My main concerns are that after I quit I cant find work..... or get investigated six months later anyway when I have no money left.

    Comment


      Hi. Ive been reading this forum with great interest so far and would like to say its been extremely helpful while grappling with IR35 so thanks to all involved.

      My role has been deemed inside so they want me to switch through the agency PAYE (blanket decision some people have been found outside on the working practices review and they are still telling them they are inside). Not been told about any rate cut or full details yet. I am in a position to jack it in for a while however as its only speculation at this point regarding retrospective IR35 investigations I am considering switching to the Agency. Ive been working for this client for a few years now. Have had multiple contracts essentially exactly the same with a few months break between one of them. Do you think there is a high risk of a potential investigation being followed up if the following criteria has been met and documented?

      1) Contract and working practices review deemed outside IR35
      2) Client signed off on a working practices review which confirms my working practice answers
      3) CEST tool advises outside
      4) MVL LTD

      My main concerns are that after I quit I cant find work..... or get investigated six months later anyway when I have no money left.

      Comment


        No one knows what the risk is, but the reality is HMRC seems to ignore CEST results when it suits them and not give a toss about what the contracts say - again, when it suits them. Client can easily throw you under the bus at any point by saying for example that they would never accept a substitute even though they said they would. In my opinion it depends how much risk you can live with and how paranoid you are. The bottom line is that they can always investigate you, but moving to PAYE after being somewhere for a long time seems to be seen as saying that you've been an employee all this time (I'm sure some would argue that is bollocks).

        How big is the client and how come all the contracts where the same? Is it simply the same task being done whilst being moved from project to project?

        Comment


          Do you want the stress of potentially going to court to explain yourself along with the cost of that and the cost of the penalty you could have to pay if tribunal rules against you? Also with no support from your client as they will say they were compliant by assessing you essentially throwing you under the bus...

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