What to do if classified 'inside'?

[Liberator]

My client has come back with my status determination as being inside. This has happened now and there's nothing I can do about it.

What's the best move I can take now?

1) Go permie with the same client
2) PAYE umbrella for same client
3) Go contract inside with different client

Now that the horse has bolted and I have that inside determination after having worked as if I was outside (and with contract reviews to back this up) for a while, is it really minimising my risk of an investigation if I go and contract with another client? Surely they can still investigate me for the discrepancy between my current client's and my determinations for the last 2 years?

And if I stay with the current client, is it less risk to go permie given that there will then be a major change of contract.?

I'm really not sure what to do to lessen the risk of a retrospective investigation...

[ladymuck]

There's a long sticky on this and many discussions on the topic. What is different to your situation that these don't apply?

[Liberator]

There's a long sticky on this and many discussions on the topic. What is different to your situation that these don't apply?

You mean the cojak one? It seemed to be talking about what to do before a status decision was made but thanks for your help.

[northernladuk]

You mean the cojak one? It seemed to be talking about what to do before a status decision was made but thanks for your help.

It does but should make you aware of all the risks around being there before and after determination or at least give you enough information to work this out for yourself to somwle extent.

As you can imagine you aren't the first one in this position so have a flick through the threads and see if yiu can find one on these topic.

This is basic IR35 management. It shouldn't be this difficult.

[BR14]

This is basic IR35 management. It's not rocket science.

looks like it may be.

[Liberator]

It does but should make you aware of all the risks around being there before and after determination or at least give you enough information to work this out for yourself to somwle extent.

As you can imagine you aren't the first one in this position so have a flick through the threads and see if yiu can find one on these topic.

This is basic IR35 management. It shouldn't be this difficult.

I've spent hours over the past few months trawling through this forum but nowhere has it set up my specific situation which is naturally concerning to me. I'm not some lazy arsed contractor who can't be bothered to go through the posts. I just wanted to start up a discussion over 3 very specific scenarios. If you don't want to express a view or opinion that's fine, but why come up with some sarcy remark?

[Peoplesoft bloke]

Your circumstances are covered elsewhere, however the answer is.....

No-one knows.

HMRC have made some vague assertions. HMRC have proven repeatedly that they cannot be trusted.

None of us can possibly know what will occur in future.

Many posters on here are 100% that action x or action y is bound to be "safe" or bound to trigger an investigation using their "logic". They are wrong (or right) nobody can possibly know.

I quit my contract before they announced their verdicts. I will not be taking an inside IR35 gig unless I have no choice - I'd rather take a permie job or a FTC. For now, I have an outside gig with a different client.

A few people on here think that if you are prepared to accept an inside role, you were never a proper contractor anyway, but that's just another opinion.

Good luck whatever you do.

[jamesbrown]

Well, your client is saying you’re inside, so you either need some very good evidence to the contrary about your existing contract and WP or you need to accept that you were inside all along and pay the extra tax. Once you get an inside determination, you’re firmly in the space of least worst options. Staying at the same client makes it easier to join the dots, so there’s that. It depends whether you believe the guidance from HMRC about their not “focusing” on historical cases. I don’t. No one can give you a correct answer at this point. If you do stay, try to make the clearest distinction possible in terms of your WP. If you are doing roughly the same thing in roughly the same way with only a change in contract, it’s not going to look very good, is it?

( BTW, your specific scenario is not novel at all - plenty of other threads cover this )

[northernladuk]

In a nutshell the least risky thing to do in your situation is leave. It may lessen the risk that you never did the role that was determined inside so harder to challenge it if HMRC come looking.

You can't get away from the fact you've been outside and now client says inside though. That's a matter of record now. Best course of action is to try distance yourself from it.

That my honest opinion.

Although.. If you've been on the forums for the last few months how have you gotten in the situation where you are still there and now been deemed inside?

[Liberator]

In a nutshell the least risky thing to do in your situation is leave. It may lessen the risk that you never did the role that was determined inside so harder to challenge it if HMRC come looking.

You can't get away from the fact you've been outside and now client says inside though. That's a matter of record now. Best course of action is to try distance yourself from it.

That my honest opinion.

Although.. If you've been on the forums for the last few months how have you gotten in the situation where you are still there and now been deemed inside?

I did consider leaving before the determination but I heard that they were going to do an individual assessment and not just do a blanket ban so I honestly thought there was a chance i’d be deemed outside. And as I like working for the client I waited. Not to be though so I have a decision to make.

Thanks all for your views.