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IR35 outside to inside, is there really a risk?

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    #21
    Originally posted by cannon999 View Post
    I don't have my own special circumstances. I do however have an opinion, you got that right.
    And that's the problem - you have an opinion but haven't seen how HMRC operate, some of us (having seen how HMRC operate) have a rather different opinion.
    merely at clientco for the entertainment

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      #22
      Originally posted by eek View Post
      And that's the problem - you have an opinion but haven't seen how HMRC operate, some of us (having seen how HMRC operate) have a rather different opinion.
      And on that historic knowledge of HMRC, you're basically saying that just rolling over from out to in at the same client, with no substantive change in either contract terms and/or working practices, then you just painted a great big target on your back and even if you MVL, you're still highly likely to see debt transfer from Ltd Co to Director?

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        #23
        Originally posted by mondeoman View Post
        And on that historic knowledge of HMRC, you're basically saying that just rolling over from out to in at the same client, with no substantive change in either contract terms and/or working practices, then you just painted a great big target on your back and even if you MVL, you're still highly likely to see debt transfer from Ltd Co to Director?
        Yes, on the target. On the transfer of debt, I don't know about "highly likely", because it's untested, but more likely, certainly.

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          #24
          Originally posted by mondeoman View Post
          And on that historic knowledge of HMRC, you're basically saying that just rolling over from out to in at the same client, with no substantive change in either contract terms and/or working practices, then you just painted a great big target on your back and even if you MVL, you're still highly likely to see debt transfer from Ltd Co to Director?
          Ignoring bits of what you said - I suspect just staying with the same agency post April is enough for you to have a big target on your back.

          Whether you MVL or not won't make much difference the contractor was the director of the company and could be argued to have done things for the benefit of the director not of the company.
          merely at clientco for the entertainment

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            #25
            In the land of the blind, the one eyed man is King.

            Let these contractors who do not 'really think there's a risk,' crack on and see where their 'good intentions' get them with the ever so decent HMRC inspectors.

            I couldn't give two fornicators! Yes, really!

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              #26
              Risk, is not the only factor. The other factor is the cost associated.

              (A)So you’ve been in a contract for 6 months..outside IR35, now its been determined by the client as inside. You get investigated..risk low, cost relatively low.

              (B)So you’ve been in a permiecontract for 6 years. Risk low, cost very high.

              If I’m A then I take a different decision on my “risk” than B..although its the same.
              Last edited by BABABlackSheep; 24 February 2020, 07:46.

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                #27
                Originally posted by cannon999 View Post
                .........still beats searching for a new contract when you are happy where you are.........
                and THIS ^^^^ is why the rest of the population think contractors are just tax dodgers......

                Any amount of correct compliance to remain outside, is just that, compliance...... The reality is that you're just an employee who demands to be treated differently so that you can pay tax differently....

                I'm not making any judgements about this. We've all done it. And the best business is repeat business.




                But with April coming up fast, now is the time to ditch the warm cosy comfort of a cushy contract (alliteration not intended but I like it). Stop looking for reasons why it must be wrong just because you don't like it. Take the facts as facts.
                See You Next Tuesday

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                  #28
                  Originally posted by DevUK View Post
                  Your replies in this forum are sh1te.

                  If he's contending the points made it's so that the conversation's a bit more thorough. You're sarcastic and flippant, most of the time.
                  To be fair, we get endless posters like this thst won't listen and keep throwing hypothetical or nonsensical arguments and the thread just goes round in circles so at some point the only useful answer to the poster is to fill their boots and get on with it.

                  It gets frustrating so just tell the OP to put their money with their mouth is and carry on.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #29
                    Originally posted by northernladuk View Post
                    To be fair, we get endless posters like this thst won't listen and keep throwing hypothetical or nonsensical arguments and the thread just goes round in circles so at some point the only useful answer to the poster is to fill their boots and get on with it.

                    It gets frustrating so just tell the OP to put their money with their mouth is and carry on.
                    and you get infractions for doing it, too

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                      #30
                      I think, even in the case of outside to inside at the same client, that the likelihood of an investigation at all is very low if the company is closed. They'd have to open that investigation, knowing the company is closed, with the hopes of being able to pursue debt transfer.

                      For the amount of money in a typical IR35 case, I'd consider that unlikely. They'd have to have some relative confidence, before the investigation even begins, that debt transfer would succeed.

                      If debt transfer comes into play, it would more likely come into play when the company is still open but doesn't have the funds. I think we are moving into a target-rich environment for HMRC and I don't see them chasing closed companies.

                      Of course, I may be mistaken but to chase closed companies would seem to be foolish.

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