Should we be worried about retrospective claims?

[Lockhouse]

Out of interest have have you worded the appeal and on what points? . Is it an appeal or just attempting to open a negotiation on the future role? Have you quoted the legislation to try get a response?

My appeal has also been submitted. The assessment was in the form of a questionnaire. I wrote a separate rebuttal of every point I disagreed with and returned it with my outside CEST assessment. Out of all the contractors here apparently I was the only one that bothered as it's a de facto blanket ban. I thought it a very necessary thing to do.

[JamesBrown11]

When it comes to a retro tax investigation, are you innocent until proven guilty? What evidence HMRC could possibly provide to support their claims?

[northernladuk]

When it comes to a retro tax investigation, are you innocent until proven guilty? What evidence HMRC could possibly provide to support their claims?

What???

[Lance]

When it comes to a retro tax investigation, are you innocent until proven guilty? What evidence HMRC could possibly provide to support their claims?

A tax investigation is not a criminal prosecution. The concept of innocent till proven guilty does not exist in these cases.
As for evidence. How about the information you provide then as part of the initial investigation. That’s usually enough for them to go to a tribunal with.

[LondonManc]

My appeal has also been submitted. The assessment was in the form of a questionnaire. I wrote a separate rebuttal of every point I disagreed with and returned it with my outside CEST assessment. Out of all the contractors here apparently I was the only one that bothered as it's a de facto blanket ban. I thought it a very necessary thing to do.

Very wise. Anyone who has QDOS outside determination should be doing the same or why bother getting it reviewed in the first place? If the contract hasn't changed that you're going inside with then having a QDOS review and a CEST tool determination to back your case up with would be excellent. While they may still say "tough" or bin you off, you've at least argued your case. I can see a point where the client ask the contractor to pay for a QDOS review to get it to an outside determination, so long as they're flexible enough on their working practices to enable it.

When it comes to a retro tax investigation, are you innocent until proven guilty? What evidence HMRC could possibly provide to support their claims?

You're investigated because they believe you to be operating inside but declaring outside. So, yes.

What???

Not a tough question for you, really?

[northernladuk]

Not a tough question for you, really?

It is when it makes little sense.

[SimonMac]

Just had a call with my agent, other than the advice already mentioned, appeal any and all SDS decisions as if you don't you have zero come back.

He also said if HMRC do start to go after people, he thinks that they will go for those who are declared outside rather than going after people who are switching to inside.

Based on if they go after someone outside and get it wrong it's little or no come back based on the cases they've lost already, if they go after someone inside and get it wrong it looks very very bad for them.

[northernladuk]

Just had a call with my agent , other than the advice already mentioned, appeal any and all SDS decisions as if you don't you have zero come back.

He also said if HMRC do start to go after people, he thinks that they will go for those who are still classing themselves outside rather than going after people who are switching to inside.

Based on if they go after someone outside and get it wrong it's little or no come back based on the cases they've lost already, if they go after someone inside and get it wrong it looks very very bad for them.

Erm.....

The very fact he things the contractor's are classing themselves as outside rings alarm bells.

[jamesbrown]

He also said if HMRC do start to go after people, he thinks that they will go for those who are still classing themselves outside rather than going after people who are switching to inside.

You actually entertained a serious conversation with an agent about IR35?

[SimonMac]

You actually entertained a serious conversation with an agent about IR35?

In fairness yes, in fact I'd go as far as saying I've found an honest agent. I know I am as surprised as you!