• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

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

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    #51
    Originally posted by Munchers View Post
    Not sure. Seems to come down to two views:

    1. Tip off to HMRC
    2. HMRC looked at business where I'd contracted and I hear they found a contractor being paid direct into personal bank account.

    My guess is 2. and they've drilled down to other contractors now.
    Just to make sure I understand this right - you were/are being paid directly into your personal bank account? There's no other entity between you and the end client?

    Comment


      #52
      Oh dear oh dear. If there are basic mistakes being made on fundamental issues how many others are going to come out of the woodwork I wonder. Are these two contracts with the same client and have you only ever had one client?
      You are aware of the 24 month rule? 😜
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #53
        .

        Originally posted by GazCol View Post
        Just to make sure I understand this right - you were/are being paid directly into your personal bank account? There's no other entity between you and the end client?
        The OP did day 'they found a contractor'

        That is not quite the same as 'Me'

        But for the avoidance of doubt OP, was it you???

        Comment


          #54
          Originally posted by GazCol View Post
          Just to make sure I understand this right - you were/are being paid directly into your personal bank account? There's no other entity between you and the end client?
          No, another contractor was which HM caught and are fining the business- I suspect they weren't declaring this.

          Comment


            #55
            Originally posted by Munchers View Post
            No, another contractor was which HM caught and are fining the business- I suspect they weren't declaring this.
            I hope to god you don't have to submit any written evidence for your case.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #56
              Originally posted by Munchers View Post
              To clarify, investigation only started about 6 weeks where they asked for info evidence to as to why I was outside IR35. They're looking at one year only but I was trying to establish my risk ie how many years.
              Yes, they are only allowed to initially look back at the past year. However, if they find anything in that return (they have), they are allowed to look back over the past 6 years (sometimes longer, but I doubt that would apply).

              Originally posted by Munchers View Post
              I have had two contracts over the last 6 years. The last contract was rolled on every 6 months as I was asked to do more work. I realise now and accept this is a basic mistake, I should have got a new contract signed each time.
              Ouch, that's not good

              Okay, you may have to forget about Mutuality of Obligation - you may have torpedoed that one. Focus on the other two - Right of Substitution and Discretion & Control.

              Comment


                #57
                ...

                Originally posted by centurian View Post
                Yes, they are only allowed to initially look back at the past year. However, if they find anything in that return (they have), they are allowed to look back over the past 6 years (sometimes longer, but I doubt that would apply).



                Ouch, that's not good

                Okay, you may have to forget about Mutuality of Obligation - you may have torpedoed that one. Focus on the other two - Right of Substitution and Discretion & Control.
                Direction and Control

                MOO may not be a lost cause if there were any periods during that time where work was not offered or was not accepted. Depends on how the OP handled leave and sickness and WFH in practice.

                Comment


                  #58
                  Discretion and Control

                  Few posting here seem to have much control.
                  Originally posted by MaryPoppins
                  I'd still not breastfeed a nazi
                  Originally posted by vetran
                  Urine is quite nourishing

                  Comment


                    #59
                    So on a 'rolling' contract, don't you have to still sign a new contract? Or was it just like a 'statement of works' that you signed every 6 months?

                    Some good advice on CUK a while back led to me changing the contract terms and objectives every on renewal. I also do my best to ensure that the underlying day-to-day tasks change, as much as is realistic anyway.


                    As for MOO, for those contractors that take holidays mid-contract: when planning a holiday, rather than informing the client that you will be taking 2 weeks off in August etc, wouldn't it be a good idea to get the client to write an email to you advising that they have no work for you during August and won't need your services for those 2 weeks?

                    Edit: on the MOO question, this is like all the banks forcing contractors to have 10 consecutive days out of the office and off the network. I had to do this at the bank I was contracted at.
                    Last edited by ChimpMaster; 8 July 2014, 10:36.

                    Comment


                      #60
                      Originally posted by northernladuk View Post
                      I hope to god you don't have to submit any written evidence for your case.
                      As I've said we paid for a seperate tax consultant to write our submission. From which he argued our case based on MOO, right of substitute and Control. I might not know much about this but I know enough, to never talk to HMRC without professional advice!

                      Comment

                      Working...
                      X