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

[Mister Clark]

Key points from my perspective.

We had insurance for IR35 - this was appalling at first so we moved to another advisor and paid direct. This was worse, expensive and offered appalling advice. We were persuaded to return to original advisors (our Accountants threatened to cancel contract with them unless they appeased us). This proved to be the right decision and advice, guidance & support was absolutely brilliant - shame about the first advisor. The point, if you are not happy with the service, complain. Don't just take rubbish and excuses.

HMRC set a questionnaire for the business to complete - this was 60+ questions. A lot of the questions asked for information we were not legally required to provide, although this wasn't made clear by HMRC. The information would also have potentially compromised our claim.

HMRC made lots of mistakes and delayed the process repeatedly, always inferring it was our problem. Don't accept this, challenge everything and point out every mistake however small. We were advised that usually a junior officer will fact find before passing the case on for decision, so make it uncomfortable for them by showing their errors etc as they don't like to promote their own incompetence.

There is so much else I could add - be prepared, listen to advice, don't take poor service from anyone and fight.

Glad u have a favourable outcome - well done.
Would you be prepared to post the questions they asked you?

Cheers, Mr C.

[Old Greg]

Thanks for the update. Always nice when someone takes the time - especially when it's a positive outcome.

[youngguy]

Key points from my perspective.

We had insurance for IR35 - this was appalling at first so we moved to another advisor and paid direct. This was worse, expensive and offered appalling advice. We were persuaded to return to original advisors (our Accountants threatened to cancel contract with them unless they appeased us). This proved to be the right decision and advice, guidance & support was absolutely brilliant - shame about the first advisor. The point, if you are not happy with the service, complain. Don't just take rubbish and excuses.

HMRC set a questionnaire for the business to complete - this was 60+ questions. A lot of the questions asked for information we were not legally required to provide, although this wasn't made clear by HMRC. The information would also have potentially compromised our claim.

HMRC made lots of mistakes and delayed the process repeatedly, always inferring it was our problem. Don't accept this, challenge everything and point out every mistake however small. We were advised that usually a junior officer will fact find before passing the case on for decision, so make it uncomfortable for them by showing their errors etc as they don't like to promote their own incompetence.

There is so much else I could add - be prepared, listen to advice, don't take poor service from anyone and fight.

Just out of interest:
What sort of Qs were directed to you? Was it Qs to ascertain SDC and MOO? Were there any other avenues they explored that night be considered surprising or irrelevant?

Do you have an example or two of things requested which you were not legally required to provide?

Did they contact your end Client(s)? If so do you know how they approached that and what they asked them?

[Cirrus]

Excellent News!

Hopefully this will make all those self-proclaimed experts on this channel think twice before pontificating on 'IR35 Caught".

IR35 is a pure gamble.

All you can do is get the right help and fight your way through.

That's how it has always been.

[dx4100]

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.

[missinggreenfields]

HMRC set a questionnaire for the business to complete - this was 60+ questions. A lot of the questions asked for information we were not legally required to provide, although this wasn't made clear by HMRC. The information would also have potentially compromised our claim.

Fancy sharing the questions and which ones are optional?

Congratulations on the win - did they say "we think we're right, but we'll let you off" kind of thing, or was it a "we're wrong"? I think I know the answer to that question

[dx4100]

Just re-read the whole thread as I missed it first time around...

I think some of the people having ago at him throughout the thread owe him an apology. Came here no doubt at the lowest point of his life and poster where arseholes with him.

FFS if we can't support each other during a IR35 investigation and stop being dicks when can we.

Shameful stuff...

Thanks to the OP for coming back and letting us know the outcome.

The lesson learnt from it for me, or not as I already do it, is use a IR35 specialist for legal and insurance AND an accountant who understand contractors.

PCG+ and Abbey Tax all the way for me...

[pr1]

Key points from my perspective.

We had insurance for IR35 - this was appalling at first so we moved to another advisor and paid direct. This was worse, expensive and offered appalling advice. We were persuaded to return to original advisors (our Accountants threatened to cancel contract with them unless they appeased us). This proved to be the right decision and advice, guidance & support was absolutely brilliant - shame about the first advisor. The point, if you are not happy with the service, complain. Don't just take rubbish and excuses.

HMRC set a questionnaire for the business to complete - this was 60+ questions. A lot of the questions asked for information we were not legally required to provide, although this wasn't made clear by HMRC. The information would also have potentially compromised our claim.

HMRC made lots of mistakes and delayed the process repeatedly, always inferring it was our problem. Don't accept this, challenge everything and point out every mistake however small. We were advised that usually a junior officer will fact find before passing the case on for decision, so make it uncomfortable for them by showing their errors etc as they don't like to promote their own incompetence.

There is so much else I could add - be prepared, listen to advice, don't take poor service from anyone and fight.

Thanks for sharing - I wasn't around here when you originally started this thread but it's been good to read through it and see how clueless some posters on here were/are

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

[dx4100]

Thanks for sharing - I wasn't around here when you originally started this thread but it's been good to read through it and see how clueless some posters on here were/are

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

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

[dx4100]

Did you ever work out what the potential total tax liability was going to be ?

I dread to think what mine would be