Assessed as Inside from April or a Blanket Ban - it's time to leave

[dsc]

Just been assessed inside. Not happy with the way the client has answered some of the assessment questions. Will be appealing and when that obviously fails I'll start looking elsewhere.

I'm curious how the appeal process works at this point as surely it's part of legislation which has not yet been passed. Doesn't that mean that you can't really appeal as there's currently no law / rule which says you can? (I think it's a waste of time anyway as the whole "determination" isn't fair, it's all about risk mitigation from the client point of view).

[Paralytic]

Just been assessed inside. Not happy with the way the client has answered some of the assessment questions. Will be appealing and when that obviously fails I'll start looking elsewhere.

At present, your client does not have the authority to assess you inside - they may have an opinion, and you'd not want HMRC to know that opinion, but its your decision how you conduct your PSC's tax affairs until April 2020.

And, in a similar vein, there is therefore nothing for you to (legally) appeal, since all the client has done is provide an opinion. Any appeal process they might have put in place is purely company policy at present.

You can legally continue to invoice as you do today under the existing contract, until such point your client gives notice/terminates that contract/stops signing timesheets.

[northernladuk]

I'm curious how the appeal process works at this point as surely it's part of legislation which has not yet been passed. Doesn't that mean that you can't really appeal as there's currently no law / rule which says you can? (I think it's a waste of time anyway as the whole "determination" isn't fair, it's all about risk mitigation from the client point of view).

Correct. I can't help thinking the appeals process is to use at some point in time after you've started the gig rather than using as a tool to change the terms for a current/upcoming gig. The process will take a lot of time so when clients are looking for someone to start Monday they aren't going to put the position on hold while they deal with the appeal. Right tool being used at wrong time.

[eatenrifles]

I'm curious how the appeal process works at this point as surely it's part of legislation which has not yet been passed. Doesn't that mean that you can't really appeal as there's currently no law / rule which says you can? (I think it's a waste of time anyway as the whole "determination" isn't fair, it's all about risk mitigation from the client point of view).

From personal experience, I lodged an appeal 50-odd days ago with no reply as yet. If the legislation was in play it should push the tax liability back to the client/fee-payer.

However, the legislation isn't in play yet, so I don't suppose the client is under any stress to provide a response.

[nico]

I like this bit


Now I'm a cynic but a scattergun untargeted approach is perfectly allowed within that statement and such an approach will be more than enough to get them more money than they've ever been asked to collect.

Brilliant !

[pscont]

Where it is agreed that a worker who has previously been regarded as self-employed [WORKING FOR END CLIENT] should now be treated as employed [FOR THE SAME END CLIENT], then you will need to consider whether to pursue the employer for NICs and tax for back years. The law and practice relating to NICs and tax is different, so you will need to consider each separately.

Something is surely missing. Added it.

Why is a blanket ban = time to leave?
If you are PSC banned and you start PAYE for an umbrella on a general contract, not mentioning END CLIENT at all, there is no connection to be made.
Otherwise anyone who's been LTD until 5 April and becomes PAYE employee for whoever (brolly or not) would be treated with the above. Insane?!

[eek]

Something is surely missing. Added it.

Why is a blanket ban = time to leave?
If you are PSC banned and you start PAYE for an umbrella on a general contract, not mentioning END CLIENT at all, there is no connection to be made.
Otherwise anyone who's been LTD until 5 April and becomes PAYE employee for whoever (brolly or not) would be treated with the above. Insane?!

Same agency - March payment goes to company x - your NI number shows little salary
April payment goes to umbrella company y - your NI number shows large salary payment

Nothing to do with the client - everything to do with the agency you work through..

[BR14]

Something is surely missing. Added it.

Why is a blanket ban = time to leave?
If you are PSC banned and you start PAYE for an umbrella on a general contract, not mentioning END CLIENT at all, there is no connection to be made.
Otherwise anyone who's been LTD until 5 April and becomes PAYE employee for whoever (brolly or not) would be treated with the above. Insane?!

you really are clueless aren't you?

[dsc]

Same agency - March payment goes to company x - your NI number shows little salary
April payment goes to umbrella company y - your NI number shows large salary payment

Nothing to do with the client - everything to do with the agency you work through..

No agency - no problem then 😃 [joke]

[pscont]

Same agency - March payment goes to company x - your NI number shows little salary
Same agency April payment goes to umbrella company y - your NI number shows large salary payment

Nothing to do with the client - everything to do with the agency you work through..

Hmmm ok. Added the above. Could make sense. But isnt umbrella completely different entity to the agency?

I.e. you sign contract with a brolly where no agency name is mentioned. So you work for the brolly only and where your salary comes from is irrelevant. What is between brolly and agency is not your business.

Or brolly-agency contract specifically mentions you?