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

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

    Hopefully this stops the blanket ban considerations or reverts those already made.
    ESM10014 - Employment Status Manual - HMRC internal manual - GOV.UK


    Sent from my iPhone using Contractor UK Forum

    #2
    No No No It won’t in 99% of cases

    Unless I missed the bit about the end client just declaring they will no longer engage PSC via agents as most are doing


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      #3
      Originally posted by GhostofTarbera View Post
      No No No It won’t in 99% of cases

      Unless I missed the bit about the end client just declaring they will no longer engage PSC via agents as most are doing


      Sent from my iPhone using Contractor UK Forum
      +1 - Microsoft have adopted the viewpoint it's not worth the risk - no contractors via a PSC for direct work - we don't know what the secondary angle is yet but that would only impact work within UK.

      The impact on their European consulting model will be substantial - UK contractors provided all the back fill across Europe and made up half the team.
      merely at clientco for the entertainment

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        #4
        Originally posted by eek View Post
        +1 - Microsoft have adopted the viewpoint it's not worth the risk - no contractors via a PSC for direct work - we don't know what the secondary angle is yet but that would only impact work within UK.

        The impact on their European consulting model will be substantial - UK contractors provided all the back fill across Europe and made up half the team.
        Surely backfill, by it’s very nature, should be inside IR35 anyway.
        See You Next Tuesday

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          #5
          Sadly I agree with the above. Few companies are making blanket determinations, they are making policy statements to not use workers via a certain engagement route.

          Comment


            #6
            Originally posted by Lance View Post
            Surely backfill, by it’s very nature, should be inside IR35 anyway.
            Yep but that's not the current reality

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              #7
              Originally posted by Lance View Post
              Surely backfill, by it’s very nature, should be inside IR35 anyway.
              To a point but your typical contractor is usually a specialist in an area while the internal staff are more generalist - for instance I came in for security based work as I know the internal security options better than anyone outside the core product team.
              Last edited by eek; 9 February 2020, 10:32.
              merely at clientco for the entertainment

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                #8
                Originally posted by eek View Post
                To a point but your typical contractor is usually a specialist in an area while the internal staff are more generalist - for instance I came in for security based work as I know the internal security options better than anyone outside the core product team.
                that doesn't surprise me.
                Intune/O365/Azure/AIP per chance?
                See You Next Tuesday

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                  #9
                  Originally posted by Lance View Post
                  that doesn't surprise me.
                  Intune/O365/Azure/AIP per chance?
                  Dynamics / PowerApps - it's a different security model internal to the product with multiple options leading to a single point of failure.

                  Most people know bits about it but there are a lot of nuances that throw most people and then some nasty cliffs as people start using it.
                  Last edited by eek; 9 February 2020, 10:45.
                  merely at clientco for the entertainment

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                    #10
                    Originally posted by GhostofTarbera View Post
                    No No No It won’t in 99% of cases

                    Unless I missed the bit about the end client just declaring they will no longer engage PSC via agents as most are doing


                    Sent from my iPhone using Contractor UK Forum
                    Well we’ll have to see how this all plays out then. I was reading a lot into this section :

                    “Examples of behaviours which do not constitute reasonable care include, but are not limited to:

                    Determining that every worker who provides their services through an intermediary is caught by the off-payroll working rules without giving any consideration to the specific facts of each individual case.
                    Determining that the off-payroll working rules apply to a large group of workers who have some variations between the work that is being carried out, without giving proper consideration to the different working arrangements for each worker.”

                    Surely even clients must be confused by now. What is reasonable care really....


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