IR35 Hell - Am I going to lose everything

[BrilloPad]

WHat I want to know is, if deemed inside IR35 and I have already taken a permie job (I have an offer on the table now) Am I going to be made bankrupt, lose my house etc if I cannot pay. Taking the permie role is already putting me under some pressure financially but it is a good move in the long term for my career,

I'm sure it's difficult psychologically, and I'm sure you're picturing the worst case scenario, but you need to put this into perspective and act calmly.

JB has great advice - but easier said than done. I agree though - you need to await professional advice. IPSE has a great record.

Try to keep things together.

If necessary please PM me (you will need to ask admin/mods for PM rights).

BP

[malvolio]

Thank you for your response, its much appreciated as is everyone elses.

A silly thought but if you were to ask this question on the IPSE forums you will get authoritative answers...

[northernladuk]

A silly thought but if you were to ask this question on the IPSE forums you will get authoritative answers...

Even that said I'm not so sure coming on to any forums is really going to help the Op when he's got professional representation. If anything it's going to make it worse for him. Nothing we can say based on no facts is going to help.

[jamesbrown]

A silly thought but if you were to ask this question on the IPSE forums you will get authoritative answers...

One forum versus another makes little difference in this context, as the only authoritative information will come from the person handling their case (although, by all means, the OP could solicit input from the IPSE forum too). I think the OP is just looking for some mental support while they await that professional input, which is understandable. Since the OP has conducted some due diligence and has professional representation, they're in a good place, given the circumstances, despite any misinformation from the client. I'm afraid it's a long game (at least, for all IR35 cases I've heard about). The most important thing now is that the OP doesn't sabotage anything by engaging directly with HMRC.

[LondonManc]

Even that said I'm not so sure coming on to any forums is really going to help the Op when he's got professional representation. If anything it's going to make it worse for him. Nothing we can say based on no facts is going to help.

Probably just needed the calm down, you're going about it the right way arm round the shoulder responses that he's had.

[mudskipper]

Hi thanks for the replies

Yes I had my contract reviewed it passed the IR35 check
Yes my case is being handled through my IPSE/PCG subscription
I am waiting for my advisor to get back to me but hes away at the moment and I really am having sleepless nights which is why I have come here to ask for some guidance.
The main issue the end client has come back completely contradicting what I said, there are some other points where the terminology has been mis read and HMRC has jumped on that but I think we can get that explained.
WHat I want to know is, if deemed inside IR35 and I have already taken a permie job (I have an offer on the table now) Am I going to be made bankrupt, lose my house etc if I cannot pay. Taking the permie role is already putting me under some pressure financially but it is a good move in the long term for my career,

regarding making a loss, maybe the company wouldnt have made a loss but it wouldnt have made a profit either. I travelled a weekly commute from the north west to london and rented a room from Monday to Friday. I paid for my own training etc

Thanks for replies

Have you closed yourCo? The tax liability is for yourCo, so if yourCo no longer exists, there's no money for them to come after. I went to a tax talk by Paul Mason from Abbey Tax - HMRC can only come after you personally for the debt if you have been wilfully negligent. If you had a review, which passed, it would be hard to suggest that. If you closed your company or cleared out the dosh after the investigation started, then that might be grounds. So, in short, they can only get their mitts on yourCo's money unless you've taken the mick. Have a to be going on with, and try not to lose sleep.

[malvolio]

One forum versus another makes little difference in this context, as the only authoritative information will come from the person handling their case (although, by all means, the OP could solicit input from the IPSE forum too). I think the OP is just looking for some mental support while they await that professional input, which is understandable. Since the OP has conducted some due diligence and has professional representation, they're in a good place, given the circumstances, despite any misinformation from the client. I'm afraid it's a long game (at least, for all IR35 cases I've heard about). The most important thing now is that the OP doesn't sabotage anything by engaging directly with HMRC.

Agreed, but the IPSE BoD read all the posts on their boards and can handle any questions - or reassurances - directly with the advisors, so cutting out the middlemen like us and the inevitable Chinese whispers...

However, leaving it to the pros is by far the best answer.

[jamesbrown]

Agreed, but the IPSE BoD read all the posts on their boards and can handle any questions - or reassurances - directly with the advisors, so cutting out the middlemen like us and the inevitable Chinese whispers...

However, leaving it to the pros is by far the best answer.

Yep, agreed.

[BolshieBastard]

This is the ticking timebomb we all face, a couple of years down the line after you left a contract, hmrc come along with loaded questions and a know nothing at best, unhelpful HR at worst, and, you're shafted.

But, if you've gotprofessional advisors on board, try and leave the worrying to them, you'll only make yourself ill.

[IR35Hell]

Thanks again for the responses, will await my advisor to come back off holiday and hopefully get it all sorted.