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HMRC view on blanket ban? Have we all seen this- taken off LinkedIn

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    #31
    Originally posted by Jolie View Post
    Completely agree, but to be clear, I was stating how I believe Hector would view the evidence.

    You have an outside contract before, then there's a ban on PSC's and you move to a brolly under PAYE.

    You have other choices, one being to leave.

    Also as has been pointed out, there are clients and pimps who are clearly happy for you to continue operating under your PSC and I am now wondering for those who are pretty much watertight outside, whether that is a beneficial approach.
    So take those outside IR35 jobs if you can get them - I could as my industry doesn't have the people so outside contracts are still common, a lot of people can't.
    merely at clientco for the entertainment

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      #32
      Originally posted by Jolie View Post
      For the contract going forward past April 6th yes, but I would say Hector would view anyone going umbrella or direct PAYE as an automatic inside determination, whether the client issued an SDS or not, and quite happily go back and check the previous contract(s), when it becomes your turn.
      Yes, that's definitely how HMRC would see it. But, since HMRC see basically anyone who runs a 1 or 2 person PSC as being inside, i'm not sure that adds anything.

      Simple fact is that a client determining someone inside means HMRC have evidence. A client making no determination means nothing with regards to IR35, unless you want to infer something from it based on presumptions.
      Last edited by Paralytic; 10 February 2020, 12:04.

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        #33
        Originally posted by Paralytic View Post
        Yes, that's definitely how HMRC would see it. But, since HMRC see basically anyone who runs a 1 or 2 person PSC as being inside, i'm not sure that adds anything.

        Simple fact is that a client determining someone inside means HMRC have evidence. A client making no determination means nothing with regards to IR35, unless you want to infer something from it based on presumptions.
        Agreed. If anything it just determines what order your investigation comes under.

        Those who:
        were determined inside following a SDS
        suddenly popped up in a brolly
        suddenly started paying PAYE
        outside after a SDS
        those who quit and do nothing else

        Order is to be agreed.
        Last edited by Jolie; 10 February 2020, 12:16.

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