IR35 Advice

[ASB]

Look, whilst it *is* possible to work as a contractor for a former employer and be outside IR35, the fact that your first contract is for your former employer puts a rather large target on your back saying "investigate me".

I am not convinced it does put a target there. (If investigated it is quite likely it is an easy win for them).

But, how and why would it increase the probability of investigation ?

Surely all HMRC will have is the returns, and the SATR. None of this says "I'm contracting at my previous employer".

Perhaps part of HMRC intelligence is to try and glean this information from other sources. Then yes, entirely possible.

[TheFaQQer]

I am not convinced it does put a target there. (If investigated it is quite likely it is an easy win for them).

But, how and why would it increase the probability of investigation ?

Surely all HMRC will have is the returns, and the SATR. None of this says "I'm contracting at my previous employer".

Perhaps part of HMRC intelligence is to try and glean this information from other sources. Then yes, entirely possible.

I agree. In which case, maybe the best course of action is to be outside, but put aside all the money just in case there is an investigation in the following six years. Or just stick a load of it in a pension plan to reduce any amount that would be taxable if found inside.

[CloudWalker]

1st contract with same employer ? would have been safer to use a brolly than ltd. but keep your head down and you should be ok.

[Scruff]

Did you get a redundancy payout, since there is an element of tax-free money which is usually paid out and the length of time between you leaving as a permie and rejoining as a "disguised employee" is pertinent to maintaining the tax-free portion...?

I would definitely have the contract reviewed by QDOS or Bauer & Cottrell, as well as taking advice from a specialised contractor accountant.

[atsushi]

Many thanks for all of your comments. It adds some confidence to my plan of action.
Ill get some professional advice on the contract and see what is possible.
Thank you again!