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Inside IR35 Determination Response

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    Inside IR35 Determination Response

    Hi - I'm hoping someone on here can help.

    I've had my contract determined as inside IR35 and the company are looking for me to either accept or reject the determination.

    The background is - all contracts within the company were cut short to 28th February 2020 and a determination on each one was being carried out. If you didn't accept the determination of inside IR35, the contract ended on 28th Feb - simple result and the job hunting starts.

    However, if you did accept the inside IR35 determination, a new contract is issued on this basis commencing 1st March 2020.

    My question is, if I accept this inside IR35 determination, how am I best to word the acceptance in order to avoid any potential retrospective HMRC review of my contract e.g. "I accept this determination for any new contract that is issued as part of this process and not as part of my contract to this point"?

    Hope this makes sense and thanks in advance.

    #2
    You can't.

    You are already at risk as it's there on paper you've been working inside all along. The only option to mitigate is to leave, quickly. If you don't you are in the lap of the gods. Nothing you can do.

    There is a very detail sticky on what to do about this. You should have read it ages ago and be prepared.
    Last edited by northernladuk; 16 January 2020, 12:30.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      ^^^ What he said. Look to leave...

      Read this

      Comment


        #4
        Quit now (subject to whatever notice) and start looking for an outside gig.

        Comment


          #5
          Originally posted by Geefrew View Post
          Hi - I'm hoping someone on here can help.

          I've had my contract determined as inside IR35 and the company are looking for me to either accept or reject the determination.

          The background is - all contracts within the company were cut short to 28th February 2020 and a determination on each one was being carried out. If you didn't accept the determination of inside IR35, the contract ended on 28th Feb - simple result and the job hunting starts.

          However, if you did accept the inside IR35 determination, a new contract is issued on this basis commencing 1st March 2020.

          My question is, if I accept this inside IR35 determination, how am I best to word the acceptance in order to avoid any potential retrospective HMRC review of my contract e.g. "I accept this determination for any new contract that is issued as part of this process and not as part of my contract to this point"?

          Hope this makes sense and thanks in advance.
          I've written a response to your question in a separate thread. You can view wit here:

          https://www.contractoruk.com/forums/...scapegoat.html

          Comment

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