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Blanket IR35 Determination / "HR Policy Against PSC's"

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    #51
    Originally posted by BlasterBates View Post
    MrCretinContractingLtd's contract will clearly be inside IR35, case closed, risk = 0.
    Lots of companies banning PSCs say hi.

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      #52
      Originally posted by jamesbrown View Post
      Lots of companies banning PSCs say hi.
      as I say the SDS is superfluous if there are no contractors outside IR35.

      Basically you're just agreeing with my first point that the low risk approach is for HR to tell all agencies contractors are inside IR35. We simply got into a pointless discussion on SDS's which clearly aren't required if you have no contractors outside IR35, simply because it is standard practice to use umbrella contracts, which was my original assumption.
      Last edited by BlasterBates; 30 December 2020, 09:30.
      I'm alright Jack

      Comment


        #53
        Originally posted by BlasterBates View Post
        as I say the SDS is superfluous if there are no contractors inside.

        Basically you're just agreeing with my first point that the low risk approach is for HR to tell all agencies contractors are inside IR35. We simply got into a pointless discussion on SDS's which clearly aren't required if you have no contractors outside IR35, simply because it is standard practice to use umbrella contracts, which was my original assumption.
        Nope the low risk approach is to say we can't work with Personal service companies where the worker is a person with significant control over the company.

        Talking about IR35 adds whole layers of complexity and risk (which my new business would love to help you mitigate) but it's just not necessary - just issue a blanket ban from on high regarding no PSC and and leave everyone else to work out how to sort it.
        merely at clientco for the entertainment

        Comment


          #54
          Originally posted by eek View Post
          Nope the low risk approach is to say we can't work with Personal service companies where the worker is a person with significant control over the company.

          Talking about IR35 adds whole layers of complexity and risk (which my new business would love to help you mitigate) but it's just not necessary - just issue a blanket ban from on high regarding no PSC and and leave everyone else to work out how to sort it.
          It doesn't matter.

          Major brands shut shop on limited company contractors, not just for Christmas

          A spokesman for GlaxoSmithKline (GSK): to ensure we are compliant with the new IR35 legislation, we have decided to engage agency workers on a PAYE-only basis from 2020 onwards.
          I'm alright Jack

          Comment


            #55
            Wow, this is painful.

            Comment


              #56
              Originally posted by jamesbrown View Post
              Wow, this is painful.
              I think we've finally clarified that isn't illegal to declare all agency workers inside IR35.

              I'm alright Jack

              Comment


                #57
                Originally posted by BlasterBates View Post
                I think we've finally clarified that isn't illegal to declare all agency workers inside IR35.

                Good boy, BB, you’re absolutely “right”.

                Comment


                  #58
                  Originally posted by jamesbrown View Post
                  Good boy, BB, you’re absolutely “right”.
                  Sometimes arguments are nothing more than being able to get in the last word.

                  THE END

                  I'm alright Jack

                  Comment


                    #59
                    Reminds me of a thread I was very active in this time last year. Similar thing, PSC ban, PAYE or Umbrella only etc etc.

                    Ultimately.. same agency, same NI number is submitted to HMRC (yours) but this time via an Umbrella/PAYE as opposed to PSC. As a result, higher NI (or generally you will start to pay NI) for the same role you were doing previously via your PSC. Its a risk and fairly easy to be seen. This wasn't a risk I could sleep with, so I walked from a good contract I was happy with in Feb 2020, then in March the legislation got canned, blanket ban still in-place, caused a lot of upset. I then took a new contract elsewhere in April 2020 (outside via my PSC), not a great contract tbh, but its outside and its gotten me through Covid. Expecting the same conversations to be happening with this contract in the coming weeks and I'll likely have to walk again.

                    Then I consider... do I just suck it up and take a new gig via Umbrella. Entertain the possibility of being a drone (employee) to an organisation, re-emigrate or seriously look at starting something new, i.e. a takeaway or mobile-based business. I think anyone operating "outside" from April 2021 onwards will be on HMRCs radar like never before.
                    Leave: "To remove oneself from association with or participation in"

                    Comment


                      #60
                      Originally posted by drob1984 View Post
                      Reminds me of a thread I was very active in this time last year. Similar thing, PSC ban, PAYE or Umbrella only etc etc.

                      Ultimately.. same agency, same NI number is submitted to HMRC (yours) but this time via an Umbrella/PAYE as opposed to PSC. As a result, higher NI (or generally you will start to pay NI) for the same role you were doing previously via your PSC. Its a risk and fairly easy to be seen. This wasn't a risk I could sleep with, so I walked from a good contract I was happy with in Feb 2020, then in March the legislation got canned, blanket ban still in-place, caused a lot of upset. I then took a new contract elsewhere in April 2020 (outside via my PSC), not a great contract tbh, but its outside and its gotten me through Covid. Expecting the same conversations to be happening with this contract in the coming weeks and I'll likely have to walk again.

                      Then I consider... do I just suck it up and take a new gig via Umbrella. Entertain the possibility of being a drone (employee) to an organisation, re-emigrate or seriously look at starting something new, i.e. a takeaway or mobile-based business. I think anyone operating "outside" from April 2021 onwards will be on HMRCs radar like never before.
                      Nope anyone outside Ir35 (as a contractor) won't have much to worry about as the responsibility is at the end client level
                      merely at clientco for the entertainment

                      Comment

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