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  1. Replies
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    504

    I do think there's a inaccurate perception though...

    I do think there's a inaccurate perception though - I've yet to speak to a client who will allow 'inside IR35' working. Clients are informally assessing roles, then those that are not outside are...
  2. Replies
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    580

    It's frustrating as it's quite easy for HMG to...

    It's frustrating as it's quite easy for HMG to say 'business have had plenty of time to prepare' but in reality it's hard to do that without the final text, then throwing an election plus promises...
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    580

    In my experience clients are holding off on...

    In my experience clients are holding off on communicating when they think the role is inside or are considering a policy decision of PAYE only. Originally I think this was until the finance bill but...
  4. For umbrella roles (so not technically inside...

    For umbrella roles (so not technically inside IR35) it is possible to get some expenses. It's only some umbrellas (and some are FCSA accredited). T&S changes came in in 2016 which mean the only way...
  5. I think this is a bit misleading. There's...

    I think this is a bit misleading. There's obviously an argument that £350 pay rate is the market rate, but to suggest that offering a contract on a lower rate to account for increased tax liabilities...
  6. That is a commercial negotiation though. Whereas...

    That is a commercial negotiation though. Whereas if you were still paid limited but inside the client could only terminate your contract and offer a new one on a lower rate, they couldn't simply...
  7. Transferring to umbrella means IR35 does not...

    Transferring to umbrella means IR35 does not apply so the provisions of adding ERNIC on top of the rate do not apply. It is legal (and normal) to take ERNIC from the overall umbrella 'assignment...
  8. Replies
    34
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    3,466

    Yes I've put a few scenarios through (which are...

    Yes I've put a few scenarios through (which are all tested via QDOS, LH and others) and they seem to hang on substitution where it is in any way grey, the weighting is way out IMO. The guidance is...
  9. Replies
    34
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    3,466

    New CEST

    So this is what has been causing millions in backdated liabilities for public sector bodies - the new CEST plus guidance is out.

    Check employment status for tax - GOV.UK

    Thoughts?
  10. There was a requirement to provide the Status but...

    There was a requirement to provide the Status but not any reasoning and there wasn't the mechanism to pass it through the chain. Plus there was no 'dispute process'.
  11. No the requirement was much looser in 2017,...

    No the requirement was much looser in 2017, didn't include why or the requirement to pass it to the worker.
  12. The thing being missed here though is most...

    The thing being missed here though is most 'inside' roles are advertised on an umbrella basis, which doesn't have the same stipulation. I've yet to come across a client who will accept a true inside...
  13. Umbrella regulation is supposed to be coming in...

    Umbrella regulation is supposed to be coming in from next year but as far as I'm aware it just means them falling under the Conduct Regs, not sure how much it will actually improve things and there...
  14. Public Sector are undertaking wholesale...

    Public Sector are undertaking wholesale 'reassessments'. Supposed to be based on revised guidance from HMRC in line with the new CEST but it seems like it's an attempt to level the playing field -...
  15. Replies
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    That indemnity isn't worth the paper it's written...

    That indemnity isn't worth the paper it's written on. The Agency has a legal liability and if they set up properly a legal responsibility to assess. HMRC will recover from them. They can then try to...
  16. Replies
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    There's a few new / repackaged products on the...

    There's a few new / repackaged products on the market but as far as I'm aware Kingsbridge are the only insurer who have no prospect clause when you use their choice of assessment providers. All of...
  17. I get that, I think the fact they're all 'on the...

    I get that, I think the fact they're all 'on the same side' plays a big part in this. My experience of being on that side was it held much more water what one org said to another, if the other org...
  18. I can't share the detail I'm afraid. I've seen...

    I can't share the detail I'm afraid. I've seen confirmation issued across two specific public sector bodies, within which it was specifically referenced that they have checked that the same process...
  19. I'm not certain (it's not referenced in the...

    I'm not certain (it's not referenced in the official stuff I've seen) but I get the feeling they are tying the changes in CEST to this 'new guidance' - it's been oft mentioned how can they change...
  20. There isn't a mechanism to do so as far as I'm...

    There isn't a mechanism to do so as far as I'm aware. You can challenge HMRC giving a retrospective decision by refusing to pay and going to court but if they deduct tax at source for a new contract...
  21. Kind of yes. The intent at this point is to just...

    Kind of yes. The intent at this point is to just switch contracts and HMRC have given an informal nod to the fact they won't pursue the public sector body (as the idea is HMRC didn't have enough...
  22. Not at this stage no. I'm told that because it's...

    Not at this stage no. I'm told that because it's being done in conjunction with 'new guidance' from HMRC they are able to simply issue a new contract on an inside basis and leave the old one outside.
  23. Public sector retrospectively reviewing

    I'm aware that the public sector have confirmed they have started to re-review the contracts assessed since 2017 with the understanding that those judged outside will be inside. This is following...
  24. Replies
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    LA's contracts are infamous for this. In my view...

    LA's contracts are infamous for this. In my view they are unenforceable - there's requirement to demonstrate loss and unreasonable restrictions etc. To my knowledge they don't pursue them legally but...
  25. Replies
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    3,294

    I mean getting any formal SDS and staying after...

    I mean getting any formal SDS and staying after that. If you have a chat with the client and they say 'it's looking this way' and you leave then it's more difficult for HMRC to make a case.

    But I...
  26. Replies
    39
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    3,294

    We are encouraging clients to consult - not...

    We are encouraging clients to consult - not determine. That gives them the chance to give contractors a heads up without exposing them to risk (if the contractor leaves).

    I'm 100% expecting a...
  27. Replies
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    3,294

    HMRC said they won't *automatically* investigate...

    HMRC said they won't *automatically* investigate - for that to be truthful they just have to pick and choose when to investigate.....
  28. Replies
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    This is one of the reasons I don't see this...

    This is one of the reasons I don't see this exemption lasting. As it stands the legislation says if you don't get a SDS you should assume it's your responsibility. Impractical to say the least.
  29. I would actually be reassured (to a degree) as...

    I would actually be reassured (to a degree) as any smart clients that want to blanket assess will just swerve it by making a policy decision - that bypasses the risk of ET, retro tax for the...
  30. I work with numerous end clients that have...

    I work with numerous end clients that have received the same letter, it was mentioned in a conference a few weeks ago by either Andy Chamberlain or Dave Chaplin. It's not a secret I don't think. As...
  31. Replies
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    They have to put forward a budget for 2020/21...

    They have to put forward a budget for 2020/21 (they being whoever is in power), if it remains the Tories they've aleady done their prep work. The other parties similarly will have spending plans...
  32. All large orgs have a HMRC 'advisor', a letter...

    All large orgs have a HMRC 'advisor', a letter came from them recently asking for details on IR35 prep, name of contact, numbers of contractors that type of information.
  33. They've already done that. Letters went to all...

    They've already done that. Letters went to all large companies asking for details of prep, person responsible, number of contractors and categories. Once they've collated the responses and the lack...
  34. Replies
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    If they only offer it for those that are easily...

    If they only offer it for those that are easily assessed as outside what value is there in it?
  35. If they think about it though they can do it in a...

    If they think about it though they can do it in a way that doesn't jeapordise or influence the historical risk. They don't have to make a determination for anyone engaged umbrella (PAYE), so if they...
  36. Replies
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    43,527

    The agency carries all the liability ONLY if it's...

    The agency carries all the liability ONLY if it's real. If it's a sham the Agency disappears and the client is still on the hook.

    For it to be real the Agency has to invest in proper project...
  37. Replies
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    The reason for the change in approach was due to...

    The reason for the change in approach was due to a sharp increase in 1 person director businesses being formed so I'm not sure HMG would see this trend reversing as bad news. As NLUK said IPSE do...
  38. I would say institutionally corrupt is possibly...

    I would say institutionally corrupt is possibly too strong / not accurate enough. My experience (Civil Service, Local Govt & HMRC but many years ago) is that policy makers have become more 'savvy'...
  39. Replies
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    As far as I can see that won't happen unless HMRC...

    As far as I can see that won't happen unless HMRC specifically ask. The client will pay individuals as inside or outside and report on those as normal. HMRC will ask for evidence of compliance from...
  40. Yup, back in my Civil Service compliance days we...

    Yup, back in my Civil Service compliance days we had a massive push in the week prior to Christmas but the internal messaging was it was because we couldn't postmark anything from 23rd December until...
  41. Replies
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    2,305

    I think it's unlikely you'll see Limited (Inside)...

    I think it's unlikely you'll see Limited (Inside) rates. More likely to be a mix of Umbrella/PAYE/Limited(Outside). The requirement for Agencies to issue KIDS from next April will have an impact....
  42. Replies
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    3,648

    Move to umbrella I expect or via Agencies and...

    Move to umbrella I expect or via Agencies and then either direct or via umbrella. There's no appetite for clients to start payrolling that I've seen.
  43. Replies
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    3,648

    For those inside there's no appetite for inside...

    For those inside there's no appetite for inside IR35 via PSC from what I've seen. It'll be PAYE direct or Umbrella (likely the latter).
  44. Replies
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    Agencies reort everyone paid off payroll. So...

    Agencies reort everyone paid off payroll. So should anyone paying people off payroll (though compliance is varied for those direct).

    They report individual (Name, address, NINO or Gender + DOB),...
  45. Replies
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    3,648

    It's certainly a concern but the primary concern...

    It's certainly a concern but the primary concern at this point is the potential loss of resource, second is what the cost will be to retain / recruit for the same projects on an inside basis. The...
  46. Replies
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    In short, no. The end client with wholly inside...

    In short, no. The end client with wholly inside IR35 contractors is a brand name with upwards of 500 contractors, the view seems to be how do we manage the implementation rather than can we change it.
  47. Replies
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    View from Clients so far

    I've been interested to follow a few discussions on here about Clients approach, potential impacts and 'solutions' to OPR, I wanted to share my experience from speaking to end clients over the past...
  48. As I understand it the insurance product will now...

    As I understand it the insurance product will now cover the fee-payer & engager. They are encouraging the cost to be borne by the contractor (as they benefit from working outside). We are asking...
  49. Yeah that's fair comment - same as Agencies in my...

    Yeah that's fair comment - same as Agencies in my view. We're biased in that we want contracting to continue and to do that we ideally need to persuade clients with borderline roles to engage on an...
  50. The changing of the upper / lower contract only...

    The changing of the upper / lower contract only happens with SOW, not MSP. As you say SOW is what the public sector tried which did solve some problems due to an oversight in the legislation (which...
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