No status determination and final payment after 06/04/2020 No status determination and final payment after 06/04/2020 - Page 2
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  1. #11

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    GhostofTarbera's Avatar
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    Quote Originally Posted by Speedbird676 View Post
    Thanks for all your replies.

    It sounds like it is safer to accept an extension only to the end of February with the final payment due end of March.
    And lose a months money

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  2. #12

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    Could you bill up-front for March work in the Feb invoice? Is it not an option if you're friendly with key staff? That'll be paid in 30 days so won't be a problem.

  3. #13

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    Quote Originally Posted by GhostofTarbera View Post
    And lose a months money

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    It's not all about the money

    After all, I was expecting to be out of contract at the end of this month and not immediately looking.

  4. #14

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    Quote Originally Posted by quantum77 View Post
    Could you bill up-front for March work in the Feb invoice? Is it not an option if you're friendly with key staff? That'll be paid in 30 days so won't be a problem.
    I doubt it would be acceptable to them but I'll ask the question.

  5. #15

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    Can anyone provide links to back up the statements that any payments made after April 5th from invoices submitted before that will come under the new rules?

    I’ve looked but all I can find are discussions on forums like this.

    Thanks


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  6. #16

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    Quote Originally Posted by bownyboy View Post
    Can anyone provide links to back up the statements that any payments made after April 5th from invoices submitted before that will come under the new rules?

    I’ve looked but all I can find are discussions on forums like this.

    Thanks


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    Prepare for changes to the off-payroll working rules (IR35) - GOV.UK

    April 2020 changes to off-payroll working for intermediaries - GOV.UK
    Last edited by Anubis; 21st January 2020 at 14:46.

  7. #17

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    You need to sort this out with the agency. Have you asked them about this? Most agencies are paying before the 5th to get around it. It happened in the public sector and at least one agent on here said they will do the same.

    I'd they refuse ask them how they will treat the payment at the end of April. Will they just pay you it as normal? If they are I'd personally just treat it like normal. It's utterly ridiculous they can tax you.insjde for a gig that the new legislation never touched. If it finished before the 5th and they will give you the money as they normally do I'd just carry one as normal.
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  8. #18

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    Quote Originally Posted by northernladuk View Post
    You need to sort this out with the agency. Have you asked them about this? Most agencies are paying before the 5th to get around it. It happened in the public sector and at least one agent on here said they will do the same.

    I'd they refuse ask them how they will treat the payment at the end of April. Will they just pay you it as normal? If they are I'd personally just treat it like normal. It's utterly ridiculous they can tax you.insjde for a gig that the new legislation never touched. If it finished before the 5th and they will give you the money as they normally do I'd just carry one as normal.
    I will speak to the agency, but wanted a consensus of opinion first.

    Gov.uk guidance states "If you do not receive a status determination from the client you, as the intermediary, should determine whether the off-payroll working rules apply."

    My client has already said they don't intend to issue a status determination for my role as it won't exist beyond 31/03/2020.

    This suggests they and my agency would make payment as normal and I, as representative of the "the intermediary", would determine whether to apply IR35 or not for that final payment. As I had already determined the engagement to be outside IR35 I would treat the final payment in the same way.

    Of course, if they do unilaterally issue a status determination, that would cause a complication.

  9. #19

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    Quote Originally Posted by Speedbird676 View Post
    I will speak to the agency, but wanted a consensus of opinion first.

    Gov.uk guidance states "If you do not receive a status determination from the client you, as the intermediary, should determine whether the off-payroll working rules apply."

    My client has already said they don't intend to issue a status determination for my role as it won't exist beyond 31/03/2020.

    This suggests they and my agency would make payment as normal and I, as representative of the "the intermediary", would determine whether to apply IR35 or not for that final payment. As I had already determined the engagement to be outside IR35 I would treat the final payment in the same way.

    Of course, if they do unilaterally issue a status determination, that would cause a complication.
    Just make sure you document everything, especially your evidence for your outside determination

  10. #20

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    How long have you been there? Is an extra month's income worth the risk? It depends on what you are risking. If you've been there two years you don't want all that dragged into IR35 just to get another month or two of income. If you've been there three months, the risk is a lot less.

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