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

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    #31
    I spent 13 years at one client (in 2 stints with a couple of years in between). I was investigated and found to be outside ir35.

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      #32
      I can understand NLUKs point - on face value, length of contract is neutral, but if you do not take appropriate care, long contracts will almost inevitably lead to part and parcel.

      And given it's obvious that the OP is not particularly clued up about the nuances and details of IR35, it isn't a stretch that his long contracts might have introduced some elements of part and parcel.

      It's all the detail though.

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        #33
        We will find the details when it's reported on CUK etc
        'CUK forum personality of 2011 - Winner - Yes really!!!!

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          #34
          Really not sure why I'm getting hammered on this? I've contracted for over a decade and recognised IR35 was a risk although had been assured that contracts were IR35 proof. Nevertheless I took insurance each year for specialised support if HMCE came calling. I have accountant, who offered this service.

          When HMCE came calling we where given a tax consultant to advise us and assist with our submissions. After three weeks we'd heard nothing other than general emails asking for information (which was provided). Three days before the deadline we hadn't seen a draft, hadn't discussed our position with him and he wasn't exactly making himself available. We phoned, emailed and talked to the accountant but nothing. When we finally got the draft the day before the deadline we were not happy with the quality- we are professional people and you know when you see a rushed job even if you don't know the technicalities. When the last sentence said 'is IR35' instead of 'is not IR35' you tend to worry about things, even if it an 'obvious'.
          At that point we contacted our accountants office to consider alternatives and was told that the tax consultant had agreed an extension on our behalf so we shouldn't worry. Considering we had specifically told him we didn't want an extension this made our decision easy. We instructed him to cease dealing with our case and through this site made contact with other advisors. Although some said it was too late to get involved they listened and offered free advice- all which said we were right to take drastic action. We eventually found a tax consultant who we contracted to help with our submission. They did this and the difference was obvious and again confirmed that the first advisor was not working in our best interests.

          So having done all this I'm really confused as to why people think we haven't taking this seriously.

          My original question was to establish at what point they can back date payments and I noticed early a linked has been provided- thank you for that. Also thank you to those who assisted and supported me today- I might not be an expert and maybe I could have done more but really confused why so many went in the attack.

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            #35
            I didn't attack. I'm a good boy. I think folks thought you might be a sockie. Consistently misspelling HMRC was a sockie pointer.


            Sent from my iMinion using Tapatalk
            Knock first as I might be balancing my chakras.

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              #36
              I've contracted for over a decade and recognised IR35 was a risk although had been assured that contracts were IR35 proof.
              This is why I think there is going to be trouble here. You contracted for a decade on the basis someone assured you? IR35 Proof? No such thing as IR35 proof. It's inside or outside. And after a decade you would know that working practices trump the contract and only you are in charge of that.

              None of this sounds right to me.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #37
                Originally posted by northernladuk View Post
                This is why I think there is going to be trouble here. You contracted for a decade on the basis someone assured you? IR35 Proof? No such thing as IR35 proof. It's inside or outside. And after a decade you would know that working practices trump the contract and only you are in charge of that.

                None of this sounds right to me.
                OP was saying they reckoned they were caught. Some folks (rightly) told him/her to check - they may find they're not caught after all. The original question (has it been answered?) was, that if they're caught, what timespan does the 6 years cover?

                I don't know the answer to this, but each contract is separate - even if you are caught on one, it doesn't follow that you're caught on the other.

                Comment


                  #38
                  Correct. They will be looking for the point at which he became part and parcel exactly as they did in the JLJ case. Just to note the considered him outside for three years and inside for the next 4 so would guess they go back as long as they want for proof but maybe only take 6 years tax for calculations.
                  Last edited by northernladuk; 8 July 2014, 06:41.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #39
                    Originally posted by northernladuk View Post
                    Yeah I get your meaning but 2 contracts in 6 years isn't the best footing to be starting on. That would indicate contract lengths of three years or more. I'd like to know what the notice period of that is. You are right that it's in the details but certainly not a position I would like to be in in the OP's situation.
                    No it wouldn't; not necessarily anyway. It could just as well be that the OP got a 12 month contracted (not unusual) extended twice. Or a six month contract extended five times.

                    Comment


                      #40
                      Originally posted by GillsMan View Post
                      No it wouldn't; not necessarily anyway. It could just as well be that the OP got a 12 month contracted (not unusual) extended twice. Or a six month contract extended five times.
                      And that shows good business: being able to win multiple renewals shows that you are good at the job and the client wants to retain your business. It doesn't make you a pseudo-employee.

                      At all times though you have to keep yourself distant from the employer/employee relationship, and that's what might become 'lost' over the years. So long as you differentiate yourself throughout, in some way or form, then you will be OK. For example, I have certain things that I do differently to employees - I work at home a lot, I choose my hours, I say No when I want, I am a point-expert, I don't take holidays (OK...maybe a few days a year), and I manage my own area of work.

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