• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

A blind eye?

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    A blind eye?

    My partner was a contractor with her own Ltd company prior to IR35 rearing its ugly head. She is now working under an umbrella company. An accountant friend told her recently that one of his clients had told him that Contractors working at an intelligence agency in south west England were leaving at unprecedented rates/numbers and that to stem the flow HMRC were not enforcing IR35! He went on to say nothing was formalised, (nothing in writing. etc.) I wonder if could this be true, has anyone else heard of this? Or is it nonsense? How could one find out.. FOI act? Assuming it was true could the information be used for the benefit of other contractors suffering under IR35.

    #2
    I have long wondered how the HMRC could investigate a DV role (which working for an intelligence agency probably is). Unless they have a special unit for dealing with such roles I can't imagine the client or contractor can really say too much about what they do day to day!

    Comment


      #3
      Originally posted by SussexSeagull View Post
      I have long wondered how the HMRC could investigate a DV role (which working for an intelligence agency probably is). Unless they have a special unit for dealing with such roles I can't imagine the client or contractor can really say too much about what they do day to day!
      They can discuss the working conditions and contractual situation which what the status is based on.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Originally posted by SussexSeagull View Post
        I have long wondered how the HMRC could investigate a DV role (which working for an intelligence agency probably is). Unless they have a special unit for dealing with such roles I can't imagine the client or contractor can really say too much about what they do day to day!
        Which makes it a touch easier for HMRC to make sweeping assumptions that are hard to disprove.

        Some years back, I was working with someone who claimed to have lost his IR35 case because GCHQ wouldn't help his defence at all. Whether his claim is true or not, I don't know, but that was his story.
        Best Forum Advisor 2014
        Work in the public sector? You can read my FAQ here
        Click here to get 15% off your first year's IPSE membership

        Comment


          #5
          Originally posted by Jenki View Post
          My partner was a contractor with her own Ltd company prior to IR35 rearing its ugly head. She is now working under an umbrella company. An accountant friend told her recently that one of his clients had told him that Contractors working at an intelligence agency in south west England were leaving at unprecedented rates/numbers and that to stem the flow HMRC were not enforcing IR35! He went on to say nothing was formalised, (nothing in writing. etc.) I wonder if could this be true, has anyone else heard of this? Or is it nonsense? How could one find out.. FOI act? Assuming it was true could the information be used for the benefit of other contractors suffering under IR35.
          I can't believe this. IR35 is always there, it's a tax law. Whether they were ignoring the inside/outside argument maybe but not enforcing IR35 doesn't make sense. Personally I'd completely ignore it as unfounded tittle tattle.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Originally posted by northernladuk View Post
            I can't believe this. IR35 is always there, it's a tax law. Whether they were ignoring the inside/outside argument maybe but not enforcing IR35 doesn't make sense. Personally I'd completely ignore it as unfounded tittle tattle.
            AFAIK HMRC have increased the number of staff available to pursue IR35 investigations, with a specific aim to increase the number of active investigations significantly from previous levels. I would be astounded if they were now making a decision to not enforce IR35.

            As you say, it's tax law - and if HMRC think they can get money from it, they will chase for it.
            Best Forum Advisor 2014
            Work in the public sector? You can read my FAQ here
            Click here to get 15% off your first year's IPSE membership

            Comment


              #7
              Bear in mind that the off payroll rules only apply to organisations covered by the FOI act. Some agencies naturally fall outside of that.
              Qdos Contractor - IR35 experts

              Comment


                #8
                Originally posted by Qdos Contractor View Post
                Bear in mind that the off payroll rules only apply to organisations covered by the FOI act. Some agencies naturally fall outside of that.
                Slightly OT, but I heard that some ex-HMRC contractors are facing IR35 investigations - is this something you're aware of?

                Comment


                  #9
                  Originally posted by fannyadams View Post
                  Slightly OT, but I heard that some ex-HMRC contractors are facing IR35 investigations - is this something you're aware of?
                  We've had plenty in the past but not aware of any recent instances (i.e. post 6th April).
                  Qdos Contractor - IR35 experts

                  Comment


                    #10
                    Originally posted by Qdos Contractor View Post
                    We've had plenty in the past but not aware of any recent instances (i.e. post 6th April).
                    Thanks - maybe it was old news then.

                    Comment

                    Working...
                    X