Client has accidentally issued me with a determination statement Client has accidentally issued me with a determination statement
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  1. #1

    Nervous Newbie


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    Default Client has accidentally issued me with a determination statement

    Hi all - long time lurker here forced into signing up to ask you (very helpful) guys a question.

    Basically I'm at a client that has been off the ball on IR35 planning. Hardly any updates throughout the past 6 months so towards the end of last year I decided to leave contracting for now and go back to permie land for a couple of years at least. All good there - new job sorted, due to start in early April. Very happy.

    My role was deemed unnecessary for next year anyway and so they are not renewing any of the contractors in my team. Offboarding as a contractor sorted here for mid-March, final payment coming in this side of the FY switch.

    Then, today, I've just received a determination statement (alongside the other contractors who are renewing) that declares me inside (and they're using this years contracts to do this in preparation for next year). I disagree with this - my working practices are outside, contract QDOS assessed as outside etc.. I've immediately replied asking what the basis for them doing so is, I disagree with the determination and if it can't be "retracted" as made in error then I want to appeal it (fully aware that this would potentially not be actioned until after my last day here in 5 weeks or so).

    What can/should I do to mitigate any impact of this? Thanks in advance.

    TL;DR - I finish at my client in 5 weeks and going permie elsewhere. They've sent me an unsolicited inside-IR35 determination that I disagree with. What impact is this going to have and what can I do?

  2. #2

    Prof Cunning @ Oxford Uni

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    As with several others that have asked similar questions: businesses are covering themselves by getting checks done on all their contractors. It’s not a mistake or an accident, they are checking where they will stand on any contractor - it’s easier for them to consider everyone they currently have on board, and if they are really on the ball, they’ve probably organised this before you advised them you were leaving.

    If you’re leaving in March, then it has no impact on you. There’s nothing you need to do, you don’t need to complain or waste your (and their) time appealing it.
    I'm perfect, in a very specific and limited way.
    Hands... out infractions
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  3. #3

    Still gathering requirements...


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    Quote Originally Posted by Kalb View Post
    Hi all - long time lurker here forced into signing up to ask you (very helpful) guys a question.

    Basically I'm at a client that has been off the ball on IR35 planning. Hardly any updates throughout the past 6 months so towards the end of last year I decided to leave contracting for now and go back to permie land for a couple of years at least. All good there - new job sorted, due to start in early April. Very happy.

    My role was deemed unnecessary for next year anyway and so they are not renewing any of the contractors in my team. Offboarding as a contractor sorted here for mid-March, final payment coming in this side of the FY switch.

    Then, today, I've just received a determination statement (alongside the other contractors who are renewing) that declares me inside (and they're using this years contracts to do this in preparation for next year). I disagree with this - my working practices are outside, contract QDOS assessed as outside etc.. I've immediately replied asking what the basis for them doing so is, I disagree with the determination and if it can't be "retracted" as made in error then I want to appeal it (fully aware that this would potentially not be actioned until after my last day here in 5 weeks or so).

    What can/should I do to mitigate any impact of this? Thanks in advance.

    TL;DR - I finish at my client in 5 weeks and going permie elsewhere. They've sent me an unsolicited inside-IR35 determination that I disagree with. What impact is this going to have and what can I do?
    My understanding is that this shouldn't matter, at all. The liability shift comes on April 6th, you'll be finished by then. Let them determine it however they wish - it's simply not their decision to make. As long as you're covered (you made sure at the time you were operating outside), don't worry.

    FYI (you mentioned final payment), there was a recent change (last week I think) that means it's no longer a question of when you get paid for the services, it's when you actually delivered the services. So if the last time you done work for them was in March, they could pay you for that in May if they wish - it won't be subject to the changes involved in the reform.

  4. #4

    Still gathering requirements...


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    Quote Originally Posted by WTFH View Post
    As with several others that have asked similar questions: businesses are covering themselves by getting checks done on all their contractors. It’s not a mistake or an accident, they are checking where they will stand on any contractor - it’s easier for them to consider everyone they currently have on board, and if they are really on the ball, they’ve probably organised this before you advised them you were leaving.

    If you’re getting paid before 6th April, then it has no impact on you. There’s nothing you need to do, you don’t need to complain or waste your (and their) time appealing it.
    I think when you get paid is irrelevant now isn't it? HMRC changes IR35 off-payroll rules, just eight weeks shy of their feared start

  5. #5

    Prof Cunning @ Oxford Uni

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    Quote Originally Posted by DevUK View Post
    I think when you get paid is irrelevant now isn't it? HMRC changes IR35 off-payroll rules, just eight weeks shy of their feared start
    Yes, it is. I’ve edited my post, my mistake.
    I'm perfect, in a very specific and limited way.
    Hands... out infractions
    Face... the music
    Space... between the ears

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