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  1. Replies
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    Nah, you're taxed according to when you receive...

    Nah, you're taxed according to when you receive the distribution, so you could indeed split it across two tax years and get relief in each (assuming whomever does your MVL is willing to factor it...
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    Oh, and you mention cross-border. Keep an eye out...

    Oh, and you mention cross-border. Keep an eye out for the final legislation because the draft legislation is pretty woolly w/r to fully overseas supply chains (all overseas except YourCo).
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    I wouldn’t worry about it, providing you get an...

    I wouldn’t worry about it, providing you get an SDS and confirmation that the client isn’t small. There’s no risk of an HMRC investigation for your current contract if you’ve been making deemed...
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    :laugh Unlikely. However, they might look...

    :laugh

    Unlikely.

    However, they might look at the outside determination post-April. But why would you care? It's neither your responsibility nor liability, assuming the client is a medium or...
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    I would say “could” revert to the end client. The...

    I would say “could” revert to the end client. The main thing for your hiring manager to understand is that they must take “reasonable care” with the SDS and they must provide one in time.
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    It's complicated, right? :D Ultimately, the...

    It's complicated, right? :D

    Ultimately, the fee payer is responsible for the correct application of PAYE (deemed employment payments).

    If the client who wrote the SDS failed to take...
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    In that case, I'd focus on publicly available...

    In that case, I'd focus on publicly available information about what the SDS is for, who writes it, what information it needs to contain, when it needs to be provided, what the consequences are if...
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    I’d quibble with you on the history w/r to...

    I’d quibble with you on the history w/r to Friday/Monday as that would’ve been easy to outlaw very precisely, had they wanted (it was just a sales pitch in a press release).

    Substantively, though,...
  9. Oh, sure, I wouldn't even try to make sense of...

    Oh, sure, I wouldn't even try to make sense of tax law. But you'd hope that companies would make a better effort to do more sensible stuff when it saved them money. Still, we all know that a lot of...
  10. Agree, I am doing likewise. FWIW, it would...

    Agree, I am doing likewise.

    FWIW, it would make no sense for an overseas fee payer to apply PAYE/NICs as though inside, as there are no employer NICs for an overseas company, ordinarily. Would...
  11. Replies
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    Yeah, but I think we both know that free money in...

    Yeah, but I think we both know that free money in that sense doesn't exist, hence all the earlier responses.
  12. Replies
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    I mean, it's not free money. It's still taxable....

    I mean, it's not free money. It's still taxable. But you could claim ER. But then, you might be able to MVL anyway.
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    I don't think I'd even bother TBH; once you...

    I don't think I'd even bother TBH; once you engage with a scammer, you're not going to get rid of them easily. But if I did, the first thing I'd want is an explanation that didn't smell. I can't...
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    It's all guesswork, I suppose, but the review was...

    It's all guesswork, I suppose, but the review was a manifesto commitment, so I would expect a full announcement and period of review, followed by conclusions. I don't think they'll delay between...
  15. Well, yes. :D So, they might not. FWIW, my money...

    Well, yes. :D So, they might not. FWIW, my money is on them not clarifying, but if they were to make small changes, this would be one to look for.
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    If there is no significant IP or other commercial...

    If there is no significant IP or other commercial value that might be attractive to another company (other than cash), it's probably a scam of some kind.
  17. Replies
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    Probably BAU for you then. No SDS for small...

    Probably BAU for you then. No SDS for small companies (some complexity with subsidiaries though). Little chance of being inside w/ fixed price work, unless they take a policy decision.
  18. Right, if there is any UK entity in the supply...

    Right, if there is any UK entity in the supply chain, other than the PSC, then the responsibility and liability rests there. The draft legislation is clear about that much.
  19. Whether your working practices are inside or...

    Whether your working practices are inside or outside is a matter of fact, rather than your opinion, but I understand what you mean. The problem with the draft legislation is that, in making an...
  20. Examples of my preferred interpretation: IR35...

    Examples of my preferred interpretation:

    IR35 - What happens when there are overseas aspects? | RSM UK

    Other interpretations are available, but I disagree with them.
  21. Draft legislation suggests that a wholly overseas...

    Draft legislation suggests that a wholly overseas supply chain will be responsible and liable, otherwise the closest company to your PSC that is UK resident. The public sector legislation introduced...
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    Currently, it almost certainly does. Post April...

    Currently, it almost certainly does. Post April 2020, it depends whether the client agrees, assuming they aren’t a small client. But they should agree - it’s very hard for fixed price work to be...
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    But, yeah, we're going to get two "main" budgets...

    But, yeah, we're going to get two "main" budgets this year. :eyes
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    Budget is March 11. That is a spring budget. You...

    Budget is March 11. That is a spring budget. You could also view it as a delayed-autumn-budget, since Autumn Budget 2019 didn't happen. But they aren't going to have two budgets this spring. :laugh...
  25. Bear in mind that, post April, large clients are...

    Bear in mind that, post April, large clients are more likely to be targeted for all of their juicy targets, rather than individual contractors. You already see this direction of travel from GSK etc....
  26. Like the Castlemaine, I'm not bitter... ...

    Like the Castlemaine, I'm not bitter...

    ...until I get a full rectal examination from HMRC.

    (for anyone wondering, it's total crap and IR35 is probably the least of your worries, although it...
  27. :laugh (that)

    :laugh

    (that)
  28. Your options (5) and (6) are unicorn fairies....

    Your options (5) and (6) are unicorn fairies. IR35 only applies to arrangements that involve intermediaries, not direct employment via an umbrella employer or a traditional employer.
  29. Replies
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    Mike Hunt, back in school. Big lad though. :D

    Mike Hunt, back in school. Big lad though. :D
  30. It depends what you mean by insurance. IPSE don't...

    It depends what you mean by insurance. IPSE don't offer insurance. They cover you for the professional fees associated with tax investigations (not just IR35) and they insure themselves. Other...
  31. On a point of detail, your PSC is an intermediary...

    On a point of detail, your PSC is an intermediary between you, personally, and the end client. I mean, those going "direct" (via their PSC) to a client are not exempt.
  32. Replies
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    Have they benchmarked this against some of our...

    Have they benchmarked this against some of our more, er, distinguished members?
  33. Replies
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    It depends whether it's a tree.

    It depends whether it's a tree.
  34. No, the draft legislation is quite clear about...

    No, the draft legislation is quite clear about that:



    Part 2 includes responsibilities surrounding the SDS.
  35. This "addressing key concerns" should be read as...

    This "addressing key concerns" should be read as "to everyone not paying attention, such as MPs, we're adding this sentence so that you can feel better and keep not paying attention".

    "Focusing"...
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    Nice - good to keep the old nogin active :D

    Nice - good to keep the old nogin active :D
  37. I don't think your client understands the MSC...

    I don't think your client understands the MSC legislation. IIRC, it applies when the day-to-day management of the company is conducted by another company in an over-arching way; this is why...
  38. I mean, yes, in the sense that there is MSC...

    I mean, yes, in the sense that there is MSC legislation and it's possible to be caught by it. If some other entity is managing and controlling the day-to-day running of the business, then it is...
  39. Yes, I would be working backwards from the...

    Yes, I would be working backwards from the literal deadline with a very wide berth if potentially impacted.
  40. Right, legislatively, it's April 5, but...

    Right, legislatively, it's April 5, but effectively it's April 3. FAOD, what matters is when the payment is made by the fee payer (because the fee payer is responsible for a different treatment from...
  41. The event is the payment and the event date is...

    The event is the payment and the event date is the date the payment is made by the fee payer. The payment needs to be made on or before 5 April.
  42. If it's a contracted out supply of services and...

    If it's a contracted out supply of services and the client, now the consultancy, is a small client, then the responsibility and liability rests with the PSC, yes.

    However, there are indeed...
  43. Replies
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    84G, p3. ...

    84G, p3.

    http://www.legislation.gov.uk/uksi/2015/171/made/data.pdf
  44. Thread: phoenixism

    by jamesbrown
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    688

    Yeah, assuming they don’t effectively close down...

    Yeah, assuming they don’t effectively close down ER in April (which feels unlikely), there will be a lot of people in that grey area in the coming years. That’s the sort of situation that can lead to...
  45. Thread: phoenixism

    by jamesbrown
    Replies
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    688

    The consensus opinion is that an umbrella...

    The consensus opinion is that an umbrella scenario wouldn't be caught, even by "activity". But "activity" definitely gives pause for thought w/r to future interpretations and guidance. A new company...
  46. :laugh

    :laugh
  47. Right, it was a blindingly obvious loophole, so...

    Right, it was a blindingly obvious loophole, so it was closed. Now, you have to be moving overseas and mean it, and even if you mean it, you could get caught out.
  48. Replies
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    In terms of historical years, they'll go for...

    In terms of historical years, they'll go for nudge letters w/ those working for large corporates, almost guaranteed. Not because they plan to follow-up with investigations, necessarily, but because...
  49. Here's a link (covers income tax too): HS278...

    Here's a link (covers income tax too):

    HS278 Temporary non-residents and Capital Gains Tax (2019) - GOV.UK

    Worth noting that any dividends paid from profits earned overseas during the period of...
  50. Sadly not, and there will be edge cases, for...

    Sadly not, and there will be edge cases, for sure. Just one of the many things about this legislation that makes it ill-conceived.

    But, thinking about non-edge-cases, you should imagine the...
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