Agency reporting

[cjping]

Hi All,

I know agencies are required to report some information to HMRC about contractors/companies working for them.

In my case the chain is:

Me -> My Company -> Agency -> A.N.Other agency -> Large IT Co -> End Client

Where its was decided that Large IT Co would decide my IR35 status. My contract has already finished and I decided to take some time off to work on some projects at home I've had on the backburner and probably close down my company. I told them I was taking time off so they never gave me an IR35 determination or an extension offer.

They have since been in contact an offered me a better package than before, but my concern is that if I take a permanent role with them could/would HMRC try to argue that I should've always been inside if I was ever investigated?

I don't know what data the agencies are required to provide, but if I took the permanent role, probably after a month or two break, would HMRC even know I'm at the same place and working as an employee for "Large IT Co"?

[WTFH]

So the end client has offered you a job.

The first thing you need to check is your contract(s) with the agency(s).
Do any of them have a handcuff clause? If the handcuff is 6 months and you've only been away for 2 weeks, then you'll need to sort that bit out before worrying about HMRC.

[cjping]

Do any of them have a handcuff clause? If the handcuff is 6 months and you've only been away for 2 weeks, then you'll need to sort that bit out before worrying about HMRC.

There is no handcuff clause as I had that removed. Nothing prevents me from going back either contract or permanent.

I asked the client about this in case they did kick up a fuss and they said they would pay them a “finders fee” equivalent you their “lost” revenue to keep them at bay if it came to it. But they don’t have a leg to stand on with me in truth so it shouldn’t come to that.