SDS Appeal

[Lance]

If you're operating outside with the clientco (contract reviewed and passed by Qdos) now and they wish to keep you on post April outside, what clarification do you need from the agency?

I've been advised by the agency that the end client will be making an outside SDS determination.

However, I am not fully confident I can just rely on that alone? Do I simply just ask the agency for proof in writing from client before agreeing to stay on?

What do I need to do in addition to this to make it bullet proof? does the agency re-issue a new contract or do I keep the existing and if an outside SDS is made do Qdos need to revisit their decision re insurance?

do I need a written SDS from the client and what should it say exactly?

If an investigation ever arose and it was proved I was inside, would I only be responsible for the repayment of taxes for pre-April part of the engagement and post April it would be the client?

After April 6th the liability rests with the end client. They make the determination and it's their problem if they get it wrong.
Which they won't as they'll just say that they'd accept a sub if you provided a suitably qualified one.

[CompoundOverload]

After April 6th the liability rests with the end client. They make the determination and it's their problem if they get it wrong.
Which they won't as they'll just say that they'd accept a sub if you provided a suitably qualified one.

The agency contract wording I have actually mentions substitute a lot!

But my problem for the pre-April aspect if it's proved incorrect (although fully confident it's outside based on how I am operating). I've only been here three months thus far but contract post April could go on for another year so keen to hang on and ensure everything is in place.

I'd want at the very least some SDS in writing from the client before accepting to go past April in an outside capacity as I suspect HM will be looking at the outside/outside arrangements more closely.

[northernladuk]

I'd want at the very least some SDS in writing from the client before accepting to go past April in an outside capacity as I suspect HM will be looking at the outside/outside arrangements more closely.

They have to provide this as part of the legislation so you should be OK there.

I don't think they will be looking at them closely TBH. They will see inside, previously outside and just jump in both feet first. Common sense and proper diligence aren't words normally associated with HMRC

[CompoundOverload]

They have to provide this as part of the legislation so you should be OK there.

I don't think they will be looking at them closely TBH. They will see inside, previously outside and just jump in both feet first. Common sense and proper diligence aren't words normally associated with HMRC

Agreed - simplicity is certainly not their forte.

It gives me comfort that the client has agreed outside, so before the new reforms nothing has changed. So in theory it's bullet proof.

[mudskipper]

They have to provide this as part of the legislation so you should be OK there.

The legislation doesn't come into effect till the 6th April though. Presumably they don't have to provide anything at all before then.

[Lance]

<snip>I've only been here three months thus far <snip>

so in a very worst case scenario you get hit for 3 months of tax.
HMRC aren't going to take you to a tax tribunal over that when they've not got a very strong case. Their case is much weakened by an SDS after April 6th.

Stop worrying.