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

[Martin at NixonWilliams]

Personally, I'd recommend getting in touch with Assured Tax Consulting, run by Dave Smith formerly of Accountax. He's the one I would want on my side in a dispute.

I'd second that, his track record is second to none.

[Munchers]

What is the point of taking out insurance for this, and then terminating it as soon as you need it?

Something doesn't sound right here.

He wasn't working for us, or returning our calls / emails and didn't speak to me at all before drafting our response. I prepared an 8 page document giving points as to why I thought we were outside and he ignored the whole document. He just wasn't working in our best interests. We paid for another tax consultant who re-wrote our response after discussions with us and took on board the points I raised (some positive and some negative as he pointed out and explained). He was excellent and I just wish we hadn't taken the insurance that gave us the first 'tax consultant'.

[Munchers]

Look on the bright side - at least you didn't take the offshore route you were talking about three years ago

I knew IR35 was a risk but offshore was just not the way.

[Clare@InTouch]

He wasn't working for us, or returning our calls / emails and didn't speak to me at all before drafting our response. I prepared an 8 page document giving points as to why I thought we were outside and he ignored the whole document. He just wasn't working in our best interests. We paid for another tax consultant who re-wrote our response after discussions with us and took on board the points I raised (some positive and some negative as he pointed out and explained). He was excellent and I just wish we hadn't taken the insurance that gave us the first 'tax consultant'.

Give Assured Tax a call and explain. They may well be able to ask HMRC for an extension on the grounds of poor advice to date.

[CourtesyFlush]

Can I ask how you came to be investigated?

[Munchers]

I'm probably a bit pessimistic about chances as didn't realise we only need to prove one factor outside. I know the final letter challenges all areas so fingers crossed.

Either way I knew there was a risk, I can afford to deal with the issue if absolutely have to although it will hurt.

What I'm unclear on is what period will it cover. Am I right in saying they can go back 6 year (maximum) and if so when would this period start?

[MickeyP]

He wasn't working for us, or returning our calls / emails and didn't speak to me at all before drafting our response. I prepared an 8 page document giving points as to why I thought we were outside and he ignored the whole document. He just wasn't working in our best interests. We paid for another tax consultant who re-wrote our response after discussions with us and took on board the points I raised (some positive and some negative as he pointed out and explained). He was excellent and I just wish we hadn't taken the insurance that gave us the first 'tax consultant'.

Name please

[Clare@InTouch]

I'm probably a bit pessimistic about chances as didn't realise we only need to prove one factor outside. I know the final letter challenges all areas so fingers crossed.

Either way I knew there was a risk, I can afford to deal with the issue if absolutely have to although it will hurt.

What I'm unclear on is what period will it cover. Am I right in saying they can go back 6 year (maximum) and if so when would this period start?

Have a read through here: CH51300 - Assessing Time Limits: The Time Limits: What are the new time limits?

6 years from the end of the relevant period when there is an extended time limit.

[northernladuk]

Two contracts covering 6 years? That's not a great start.

[jamesbrown]

Two contracts covering 6 years? That's not a great start.

It's neutral.

However, spelling HMRC incorrectly, posting in the wrong forum, and providing almost no useful information upfront wasn't a great start...

Following some of the above advice would be a good start, notably about having a specialist onside before the OP bungles this beyond the point of no return.