A blind eye?
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    Default 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.

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    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!

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    Quote 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.
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    Quote 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.
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    Quote 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.
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    Quote 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.
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    Bear in mind that the off payroll rules only apply to organisations covered by the FOI act. Some agencies naturally fall outside of that.
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    Quote 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?

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    Quote 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).
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    Quote 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.

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