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

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  • Munchers
    replied
    Yes have accountant - not really helpful.

    Got a tax consultant through insurance - sacked him after a month as he just wasted our time. He applied for extensions without talking to us as he wasn't ready! He sent a first draft 24 hours before deadline - then we found out he applied for a second extension.

    Approached other consultants (from this site) who were excellent to talk to but wouldn't take on case as insuffieicent time to prepare proper response. Finally got another tax consultant who prepared our final letter but truth is very unlikley to win - two contracts over 6 years and tick most of HMRE's boxes for disguised employee!

    Facing up to worse case scenario but know that the later the 6 year rule kicks in the better for us as last two years have been quite light.

    Can you move this thread please as suggested.

    Leave a comment:


  • cojak
    replied
    HMRE??

    Anyway, Your IR35 is reviewed on a contract-by contract basis, so unless you were working for a client for all of the previous 6 years I can't see how you are being challenged.

    All of the previous questions from CP and Clare apply and also - how many contracts have you had, AND did you get any of those contracts reviewed AND did you not work as a business on your own account?

    Or were you first made aware of IR35 when you opened the brown envelope?

    Leave a comment:


  • Clare@InTouch
    replied
    Do you have an accountant? Any legal representation? PCG membership? Insurance?

    Leave a comment:


  • TheCyclingProgrammer
    replied
    Why do you think you're about to lose? Who is representing you? (not sure this is the right forum either, should probably be in Accounting/Legal main forum).

    Leave a comment:


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

    I think I'm about to lose a IR35 challenge. I understand that HMRE can go back 6 years but what I'm not clear on is when would the 6 years start from. At the moment they're looking at my 2012/13 accounts so my options seem to be:

    1. 2012/13 and previouys 5 years;
    2. As we are in 2014/15 and they will make the decision in 2014/15 then 2014/15 and previous 5 years;
    3. 6 years back from the date they inform me that I am a IR35 fugitive;
    4. Something theie make up as it suits them!

    Also, does HMRE negoitate on settlement or does it just calculate what it believes you owe and hits you with the bill with no scope for discussion?

    Any advice would be welocme.

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