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Will being caught by IR35 changes be back-dated in an ongoing contract?

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    Will being caught by IR35 changes be back-dated in an ongoing contract?

    So I've been working in public sector for 12 month outside of IR35. If the public sector body were to now decide that I am inside IR35, would that trigger an IR35 investigation that could lead to me being back-dated for the last 12 months?

    I guess no-one knows for sure, but do you think it is likely?

    #2

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      #3
      Originally posted by willendure View Post
      So I've been working in public sector for 12 month outside of IR35. If the public sector body were to now decide that I am inside IR35, would that trigger an IR35 investigation that could lead to me being back-dated for the last 12 months?

      I guess no-one knows for sure, but do you think it is likely?
      I look at it differently, by signing a new contract for the same role you are pretty much admitting it was inside all the time...
      The Chunt of Chunts.

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        #4
        Originally posted by MrMarkyMark View Post
        I look at it differently, by signing a new contract for the same role you are pretty much admitting it was inside all the time...
        +1 - the rev will simply ask "what's changed?"

        If nothing, brace yourself.
        The greatest trick the devil ever pulled was convincing the world that he didn't exist

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          #5
          Legally - not automatically. There was a judgement which showed that someone "because inside IR35" at a certain point. So the concept of being outside IR35 then inside has been proven in court.

          Will that apply to simply signing a new contract and/or will it stop HMRC from trying it on anyway...

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            #6
            Originally posted by centurian View Post
            Legally - not automatically. There was a judgement which showed that someone "because inside IR35" at a certain point. So the concept of being outside IR35 then inside has been proven in court.

            Will that apply to simply signing a new contract and/or will it stop HMRC from trying it on anyway...
            Not proven but if the client admit they expect D&C and no RoS etc going forward your using those as historic defense is going to be very difficult. I don't think relying on anything in the past is a safe place here. This is new ground.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

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