IR35 - Guilty as charged! - Updated May 2016 - NOT GUILTY!

[pr1]

Surely not ? IR35 applies to each contract individually ? Unless he still at the same client...

But now s/he's got "has professional legal representation, will not pay up without at least a 3 year fight, only pursue if 99% confident of win" marked on their file!

[missinggreenfields]

Surely not ? IR35 applies to each contract individually ? Unless he still at the same client...

[TestMangler]

An old thread but at last an update.

After 3 years HMRC finally decided not to pursue this anymore. Exhausted.

Happy to answer any questions.

Thanks for the advice and support all those years ago.

That is pretty much the experience I had and the handful of people I know who've been investigatedhave also had. Two or three years back and forward and then they give up. Only difference being that I don't know anyone who had problems with the appointed tax consultant via insurance. It's never been a 'quick end' where your advisor sends a couple of letters and it all comes to a conclusion. Two to three years is 'normal'.

Anyone reading this should understand that you are not the only priority for either the tax consultant or the HMRC bod, so, just because the worry consumes your every waking hour, it's not the same for everyone else involved. be prepared for long periods of inactivity followed by HMRC asking the same things over and over again with gaps of months in between. Also, as stated on here, don't talk to them. With me they even tried (over numerous phone calls over months) "why won't you just answer the question we're asking ? We can probably put this to bed if you do". Answer every question with "Please put your questions in writing and they will be dealt with in due course by my advisors."

[dx4100]

But now s/he's got "has professional legal representation, will not pay up without at least a 3 year fight, only pursue if 99% confident of win" marked on their file!

Yeah in reality it would be bad form to investigate him again.... but they could... ?

And there is nothing to say if his future engagements are inside or outside IR35. It applies to each contract / engagement!

Its not you that's being reviewed, its the engagement....

[dx4100]

What is confusing ?

Passing a IR35 review for 2012/2013 has zero bearing on what you did in 2013/2014... or what you are going to do in 2017/2018

[pr1]

Yeah in reality it would be bad form to investigate him again.... but they could... ?

And there is nothing to say if his future engagements are inside or outside IR35. It applies to each contract / engagement!

Its not you that's being reviewed, its the engagement....

do you know what tongue in cheek means?

[dx4100]

do you know what tongue in cheek means?

Its not always apparently on a forum but fair play

[pr1]

Does this mean you're now IR35 immune for the next two years?!! (tongue in cheek...)

Its not always apparently on a forum but fair play

it's not gonna get more apparent than that

[VillageContractor]

Well done on winning your case and thanks for keeping us updated.

Out of curiosity how much did you end up paying your tax advisor?

[teapot418]

That is pretty much the experience I had and the handful of people I know who've been investigatedhave also had. Two or three years back and forward and then they give up. Only difference being that I don't know anyone who had problems with the appointed tax consultant via insurance. It's never been a 'quick end' where your advisor sends a couple of letters and it all comes to a conclusion. Two to three years is 'normal'.

Anyone reading this should understand that you are not the only priority for either the tax consultant or the HMRC bod, so, just because the worry consumes your every waking hour, it's not the same for everyone else involved. be prepared for long periods of inactivity followed by HMRC asking the same things over and over again with gaps of months in between. Also, as stated on here, don't talk to them. With me they even tried (over numerous phone calls over months) "why won't you just answer the question we're asking ? We can probably put this to bed if you do". Answer every question with "Please put your questions in writing and they will be dealt with in due course by my advisors."

Possibly we don't hear about the cases that close quickly or don't get off the starting blocks.

The MO now appears to be a "Check of Employer Records" which asks, along with copies of contracts etc, if you've considered IR35 and why you think it does not apply. Getting professional advice at this stage seems to be critical - anecdotally about a third of enquiries go no further. Some insurances cover this, some don't - technically it's not an investigation at this point, so check your small print.