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I resigned, but been given an offer (IR35)

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    #21
    Originally posted by Cirrus View Post
    Having done this a lot longer than Northernlad, I struggle to understand why you would choose to make a fuss over a short term arrangement. The majority of contractors swerve IR35 rather like large numbers of people exceed 70 mph. It's a simple calculation about whether you might get caught. Except with IR35 even if they catch you they almost never prove the offence. Feel free to way up all the arguments of the barrack room lawyers on this channel but also give a thought to the practical view that many other contractors take. Put yourself in the position of the massively overworked Revenue officers with their poor systems and dreadful IT support (and remember they don't know you are a contractor without some clues) and think 'will I really pop up on their radar? And if I do will they pick me against all the other candidates?"
    So, to be clear, what you are saying is just ignore IR35 even though he knows he should be inside it. The reasoning is he probably won't be caught and if he is caught he's got a chance of beating the rap.

    So for a short term gig that will cost him almost nothing to operate within the law, you are suggesting he break the law, which will then result in interest but also probably penalties since he has no way to argue that he took reasonable care. And if he cheats on this one, then they'll see him as a cheater and drag him through investigations of any other contract he gets, too, and he'll be presumed guilty on those.

    And he has to live with fear of investigation for six years.

    Leaving aside the ethics of the matter entirely, this is an extremely stupid way to run a business. Risk all kinds of legal/tax problems for minimal benefit.

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      #22
      Originally posted by Cirrus View Post
      Having done this a lot longer than Northernlad, I struggle to understand why you would choose to make a fuss over a short term arrangement. The majority of contractors swerve IR35 rather like large numbers of people exceed 70 mph. It's a simple calculation about whether you might get caught. Except with IR35 even if they catch you they almost never prove the offence. Feel free to way up all the arguments of the barrack room lawyers on this channel but also give a thought to the practical view that many other contractors take. Put yourself in the position of the massively overworked Revenue officers with their poor systems and dreadful IT support (and remember they don't know you are a contractor without some clues) and think 'will I really pop up on their radar? And if I do will they pick me against all the other candidates?"
      And you wonder why HMRC think contractors are all tax dodging scum
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