Let's say an agency deems you outside of IR35 as per these new rules...

[boxingbantz]

but HMRC rules that you are, in fact, in, does that mean that they have shoulder the financial implications or would you still be liable to pay any outstanding NICS/taxes etc despite being incorrectly deemed by the third party?

[Lance]

but HMRC rules that you are, in fact, in, does that mean that they have shoulder the financial implications or would you still be liable to pay any outstanding NICS/taxes etc despite being incorrectly deemed by the third party?

until the draft bill on 5th December we just don't know.
Although I suspect it will be on the agency as that's how they want to ensure the agencies find in favour of the treasury.

[Dan@OrangeGenie]

but HMRC rules that you are, in fact, in, does that mean that they have shoulder the financial implications or would you still be liable to pay any outstanding NICS/taxes etc despite being incorrectly deemed by the third party?

The devil will be in the detail!

[Qdos Contractor]

The current proposal suggests that the engager will be liable for incorrectly applying the legislation. However, as suggested above, it is best to wait until the draft legislation on Monday for the details.

[BlasterBates]

Currently most contractors are no different to a supply teacher or locum, who are also inside. However I can imagine that it is possible that public service bodies if short of contractors may review how they work with them and change those working practices so that they are outside.

[matzie]

Currently some contractors are no different to a supply teacher or locum, who are also inside.

FTFY