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  1. Replies
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    My understanding is umbrella employees are...

    My understanding is umbrella employees are covered but not if your contract is ended - only if the umbrella company furloughs you. I've spoken to a few industry bodies about this and this is a shared...
  2. Replies
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    441

    I wrote something on this with a visual explainer...

    I wrote something on this with a visual explainer IR35: Engagement types
  3. Replies
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    1,761

    Broadly if : the person delivering services...

    Broadly if :

    the person delivering services is a shareholder in a limited co and
    the money paid to the limited co for the services is primarily for that persons service



    then IR35 it...
  4. Sticky: My personal view is that it's worth getting. I...

    My personal view is that it's worth getting. I would say that clients should only issue an SDS for outside. If they think a role is inside post April then they should terminate giving reason as...
  5. Replies
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    1,761

    Hi. As others of said using another body in the...

    Hi. As others of said using another body in the supply chain makes no difference. You need to assess for IR35. Whilst fixed price work makes is a clear B2B contract IR35 would still need to be...
  6. Sticky: The risk here I think is more what the client...

    The risk here I think is more what the client would say. HMRC can say it's an inside determination on the pre April contract but if the client puts in writing that it's actually to avoid the IR35...
  7. Replies
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    Yes but the headline being sold is 'softer...

    Yes but the headline being sold is 'softer approach in year 1' - the detail is not that. It's cynical and dangerous. I don't have many good things to say about HMRC but this really is poor.
  8. Replies
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    3,020

    "Where errors are identified HMRC will help...

    "Where errors are identified HMRC will help customers to correct them, to pay the tax and National Insurance Contributions that are due and to ensure status determinations are correct going...
  9. There's a few issues here: 1. Contractor...

    There's a few issues here:

    1. Contractor paying for assessment - we've taken the approach that we pay for assessment, contractor pays for insurance if outside. That way if it's inside the...
  10. Sticky: As long as the client demonstrates that...

    As long as the client demonstrates that reasonable care was used even when the determination is wrong it's not their liability so I suppose they might be more likely to shrug if HMRC challenge it....
  11. Nope - nothing that I've seen. I do think we...

    Nope - nothing that I've seen. I do think we might see a GDPR style enforcement edict from the HOL review i.e. if you're trying to comply and can be seen to be doing so we won't come down on you so...
  12. I think this change is actually more impactful...

    I think this change is actually more impactful than it is being perceived as. We (Agency) were working through every contract - bearing in mind each contract has a different notice and pay period to...
  13. That's not generally how they operate though -...

    That's not generally how they operate though - 'we offer opted out PSC contracts or opted in or out umbrella contracts, you are free to choose either.'
  14. Replies
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    3,727

    It can be passed on contractually but not...

    It can be passed on contractually but not statutorily.

    So an unqualified indemnity i.e. no stipulations over proof of loss, causation etc. The stuation would be:

    HMRC investigate status ->...
  15. Replies
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    16,453

    If you work via an agency they use your DOB +...

    If you work via an agency they use your DOB + gender as an alternative identifier to NINO.
  16. There's also an additional reporting requirement...

    There's also an additional reporting requirement under the new regs to strengthen this.
  17. The fee payer has to determine how to treat...

    The fee payer has to determine how to treat anything paid on or after 6th April. If they don't have an SDS the liability technically sits with the end client. If you don't get a new contract/rate the...
  18. Replies
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    1,905

    The current hot topic at industry events is...

    The current hot topic at industry events is indeed the timing. There is NO WAY an agency will run the risk of having to pay ERNIC on top.

    I heard an interesting example yesterday - if the end...
  19. Replies
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    9,258

    I'd say it's more likely that Samsung want...

    I'd say it's more likely that Samsung want insurance, no policies will insure a CEST outcome and Qdod specifically will only insure their own. It's VERY easy to get a false outside on CEST if you...
  20. Replies
    61
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    9,258

    Every 'Large' business in the UK has an allocated...

    Every 'Large' business in the UK has an allocated HMRC 'customer advisor', they make contact with those business' far in advance and give them 'guidance on compliance'.
  21. Replies
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    I've had a look at this and shared it with some...

    I've had a look at this and shared it with some colleagues last week. I like the concept and it builds on what I tell clients - engaging on an outside basis will make is easier for you to attract top...
  22. Replies
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    1,467

    Yep, we're running payrolls up to 5/4 with...

    Yep, we're running payrolls up to 5/4 with reporting on outstanding timesheets every day from 20/3. We have a timetable to get provisional status, contracts flipped & payments processed. We will be...
  23. We use this insurance. It helps clients who would...

    We use this insurance. It helps clients who would otherwise be wary of risk accept outside IR35 working. It doesn't help for those clients that either a) have inside roles and can't change b)...
  24. No the rate change is for inside IR35/umb/paye....

    No the rate change is for inside IR35/umb/paye. So the idea is:

    Flex on working arrangements = keep contractors outside & no change to rate or resource
    Flex on rate = have inside IR35 working...
  25. At the moment I'd say most - maybe 60% are going...

    At the moment I'd say most - maybe 60% are going with flex on resource - risking losing contractors or gambling on not losing them, 30% are flexing on working arrangements, this tends to be quite...
  26. Sticky: On the holiday rate varying this will be based on...

    On the holiday rate varying this will be based on AWR - if a perm equiv employee gets more than the statutory minimum (28 days incl Bank Hols on a 5 days week or 12.069%) the a contractor from the...
  27. Technically under the legislation the end client...

    Technically under the legislation the end client is solely responsible if the agency continues to pay you gross and HMRC later dispute this.

    That's not something I'd ever want to rely on though.
  28. Sticky: Bit of both. Good recruiters should understand...

    Bit of both. Good recruiters should understand the various engagement types and how that translates to net pay - I'm doing a LOT of training around this at the moment. But inside IR35 wasn't really a...
  29. Sticky: Swedish derogation has nothing to do with rolled...

    Swedish derogation has nothing to do with rolled up holiday pay. SD is being abolished but that's an AWR pay between assignments model.
  30. With regard to the 'Okay fine it's outside IR35'...

    With regard to the 'Okay fine it's outside IR35' scenario. My experience is many roles are inside IR35 because the client is unwilling to flex on certain things. Where the skill set is niche the...
  31. The financial risk moves to the agency if the...

    The financial risk moves to the agency if the client discharges their responsibilities i.e. makes & communicates a determination with reasonable care.
  32. The reason people are spooked about payments...

    The reason people are spooked about payments after 6th April is that if the client determines a role inside from 6th April they / Agency can process PAYE on all payments after that date. I actually...
  33. Replies
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    There are a few insurance products out there....

    There are a few insurance products out there. Hiscox & Zurich both underwrite products. They are linked to a review and only the zurich product as far as I know doesn't include a prospect of sucess...
  34. Sticky: There's a requirement from April for all Agencies...

    There's a requirement from April for all Agencies to issue KIDS - essentially a breakdown of pay for each engagement type, this will make it much clearer as there's a different rate to quote for...
  35. Replies
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    9,955

    It's unlikely to be of use but if the client...

    It's unlikely to be of use but if the client issues inside SDS they have to have a process. Easier to just not issue inside SDS and offer PAYE contracts.
  36. Replies
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    9,955

    I don't think a lot of clients actually get it -...

    I don't think a lot of clients actually get it - they say 'inside' but they mean PAYE.
  37. Replies
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    9,955

    I can only tell you my experience - I've spoken...

    I can only tell you my experience - I've spoken to 300 ish clients over the last year and I attend an event generally a couple of times a month with others from the industry - FCSA, IPSE, APSCO plus...
  38. Replies
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    9,955

    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...
  39. Replies
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    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...
  40. Replies
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    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...
  41. 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...
  42. 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...
  43. 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...
  44. 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...
  45. Replies
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    5,153

    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...
  46. Replies
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    5,153

    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?
  47. 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'.
  48. 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.
  49. 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...
  50. 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...
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