IR35- NHS / employer / employee status
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    Unhappy IR35- NHS / employer / employee status

    New user and apologies if my question appears to lack up to date info.
    I am a contractor working in the NHS - on-going contract 4 years on.
    I have my own company which became dormant due to IR35 in April.
    Significant pay cut as now have ' employer' NIC's deducted by 24/7 Direct Engagement - very little info ion this company who have a contract with several NHS Trusts to ' save them VAT ' . They then pass the remainder of my pay to my NHS Trust who then deduct ' employee' NIC's and TAX.
    Why am I paying twice ? My stoppages amount to 34% of my total pay .
    I cannot get any sensible response from anyone at the Trust in terms of my employment status. I receive a payslip from the Trust with an employee number on it . I have no contract of employment. I use an agency to get my contracts.
    I have called HMRC but have to wait for a call back on Friday to speak to a technical specialist.
    Any up to date info would be welcome.

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    Welcome to the seamless implementation of "Off payroll working in the public sector".

    To begin with, this sticky has some useful tips:

    http://forums.contractoruk.com/publi...bout-ir35.html

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    Whats that coming over the hill its a monster, its a monster. Or a retrospective HMRC IR35 investigation asking why you deemed yourself outside (I assume) for previous 4 years. Not good.
    Rhyddid i lofnod psychocandy!!!!

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    How come you are only asking this now?
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    Quote Originally Posted by psychocandy View Post
    Whats that coming over the hill its a monster, its a monster. Or a retrospective HMRC IR35 investigation asking why you deemed yourself outside (I assume) for previous 4 years. Not good.
    Possibly. The OP could close the company which IIRC substantially diminishes (without technically 100% removing) the risk of investigation for the past 4 years. Does anyone with up to date knowledge want to comment on this?
    Where there's muck there's brass.

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    Quote Originally Posted by Stevie66j View Post
    Significant pay cut as now have ' employer' NIC's deducted by 24/7 Direct Engagement - very little info ion this company who have a contract with several NHS Trusts to ' save them VAT ' . They then pass the remainder of my pay to my NHS Trust who then deduct ' employee' NIC's and TAX.
    So you are eventually being paid directly by the Trust you work for - in that case 24/7 should have nothing to do with your contract

    Speak to your union rep and ask them to check with region and head office to see how the union is handling this.... Oh and if you haven't got a union rep go and find one...
    merely at clientco for the entertainment

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    Iím on a short contract until Christmas within the NHS, on PAYE through an agency, had to get a lot of clarification this week, my 7.5 hr days suddenly turned into 10.5 with a 10 minute lunch, a £6.10p per day parking charge. The use of the ďvanĒ evaporated ( itís booked out) so 120 miles to another site per day incurred in my car. Got those authorised as expenses and overtime. Migrating 30 users from legacy domain onto a new domain with new kit, evaporated from 4 people on site the first day to lonesome me on Tuesday onwards, didnít even get a flyer on the Friday due to snags.....yep nothing changes in the NHS except the rate goes down, and the contractor ( do I call mysel one of those now on paye) gets dumped on 😕

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    No wonder your inside after 4 years. Run, leave. Before HMRC come looking for the back tax.

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    Default IR35 umbrella or not unbrella

    Hi guys,
    Thank you for the feedback . Unfortunately I am not as savvy on this site as many of you seem to be.
    I was only subject to IR35 on 6/4/17 - had 6 weeks warning and told to contact unbrella companies - i spent many hours researching companies claiming to pay you by a loan method - which would not be repaid etc - most of these appears to be registered with companies house this year.
    Trying to get any info back form my agency / the NHS Trust i work for was extremely difficult - my accountant had little helpful knowledge on the situation and time was running out. The Trust then decided i fell within IR35 and that they were using this company Direct Engagement 24/7 to pay me - deduct employer NIC - the Trust then deduct employee NIC + Tax.
    Can you clarify why you say I was outside IR35 for 4 years ?
    I am trying to contact the IR35 specialists through HMRC but its constantly engaged.

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    Quote Originally Posted by Stevie66j View Post
    Hi guys,
    Thank you for the feedback . Unfortunately I am not as savvy on this site as many of you seem to be.
    I was only subject to IR35 on 6/4/17 - had 6 weeks warning and told to contact unbrella companies - i spent many hours researching companies claiming to pay you by a loan method - which would not be repaid etc - most of these appears to be registered with companies house this year.
    Trying to get any info back form my agency / the NHS Trust i work for was extremely difficult - my accountant had little helpful knowledge on the situation and time was running out. The Trust then decided i fell within IR35 and that they were using this company Direct Engagement 24/7 to pay me - deduct employer NIC - the Trust then deduct employee NIC + Tax.
    Can you clarify why you say I was outside IR35 for 4 years ?
    I am trying to contact the IR35 specialists through HMRC but its constantly engaged.
    First, do NOT speak to HMRC directly about the IR35 status of your current or previous contracts. They are emphatically not on your side. If you want to establish the facts about you previous contract - and it’s unbelievable to me that you didn’t do this before now - speak to one of the independent status experts and have your earlier contract and working practices reviewed. There must now be a serious risk that your status was not as declared over the prior 4 years. Get proper legal advice ASAP.

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