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  1. #1

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    Default 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?

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    Quote 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...

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    Quote 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.
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    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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    Quote 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.
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