What are the odds?

[simes]

Purely a personal opinion but I'd say possibly 1-2% chance of being investigated. Once Joe's gone definitively inside HMRC are getting their full NI cut going forward, and that's what IR35 is all about really. I'd expect HMRC to now focus on whatever clients (whether public or private sector) are continuing to take people on outside IR35, and look to challenge this determination where they think they can win. Scaring a few big clients in that way will be a much bigger win for HMRC than going after Joe and his mates piecemeal.

While it is unclear how a contractor may be able to open up their own investigation to claw back taxes from a 'client predetermined' Inside position to the contractor's determination of an Outside position, would being investigated actually help in the long term, the process to educate clients as to what IR35 is all about?

I realise in saying this, the usual crowd will be jumping up and down and hurrying to their keyboards to slam the thinking but to date, all investigations into IR35 have solely been between contractor and HMRC. And I believe I am right in saying that the significantly larger percentage of wins have fallen in favour of the contractor.

Any investigations, whatever form these may take, post April, will Have to involve the client.

To this end, and to educate the Private Sector, the clients will need to see the process and understand the reality of investigations so that they too can get that confidence to win against the HMRC. Otherwise, clients may in perpetuity, remain scared and of blanketing mind.

What (currently) better way may there be in affording such? All this to say;

1. I am confident in my outside position and
2. I wouldn't be too concerned about an investigation and
3. I would happily involve the client.

[BABABlackSheep]

Would I want to stay at a client where I had been outside IR35 and now they said my role was inside?

In today’s market.

Depends..

If I’ve been there 3-6 months..might take the risk.
If I’ve been there 3-6 years...no freaking way.

[GhostofTarbera]

Would I want to stay at a client where I had been outside IR35 and now they said my role was inside?

In today’s market.

Depends..

If I’ve been there 3-6 months..might take the risk.
If I’ve been there 3-6 years...no freaking way.

All day every day

More chance getting hit by lightning than investigated


Sent from my iPhone using Contractor UK Forum