IR35: Planning for April 2021 – should I stay or should I go?

[MrBrown]

24th Mar or 24th Feb? Taking a break from a client..

Great thread Guys. I'm a bit late to the party on this, and sorry if these have already been answered.

End client hasn't approached the subject of determining status, and we have agreed an end date to be before the 24th March (due to other non ir35 related reasons on both sides, downsizing, travel plans).

Contract states that I need to report hours on a weekly basis, which I do. But I invoice them in monthly batches (I sometimes send 3 invoices at once to cover a quarter).

From reading the initial post, I understand that I'm ok from the point of view that the services have been provided before the 6th April, regardless of when the invoices are paid.

But..

(1) I am bit confused on whether I am on weekly or monthly billing, and if should have left before the 24th Feb?

(2) Also, I expect to be back from travels in September, and the client has indicated that there may be more work coming up then and to check in with them. Can I, at that point ask them to determine status for roles that may be available then? Or should this now be no go client, and to look to provide services elsewhere?

[northernladuk]

are you channelling NLyUK?

Is that what you call it down there?

[ladymuck]

Unless all the roles you were in have been assed as inside by those clients and shaft you.

are you channelling NLyUK?

[northernladuk]

Yep, something like this, plus I was thinking about the situation where one goes from outside to inside with the same client, then the HMRC investigate all your previous contracts, and over extrapolating...

Of course the above doesn’t apply as I always have had my contracts checked by Qdos, so now I can relax under my new umbrella

Unless all the roles you were in have been assed as inside by those clients and shaft you.

[ginge]

It was a good question

What’s to stop HMRC (rightly or rather ambitiously) trying to say “Oh this inside35 project/job at CompanyA is identical and requires the same expertise as that project/service that you treated as outside35 at CompanyB, so they must have had the same kind of relationship with you and both been inside” ??

I think it’s the risk of an investigation being started that’s the question (so having to go through a load of hassle), not what’s the risk of losing it.

Yep, something like this, plus I was thinking about the situation where one goes from outside to inside with the same client, then the HMRC investigate all your previous contracts, and over extrapolating...

Of course the above doesn’t apply as I always have had my contracts checked by Qdos, so now I can relax under my new umbrella

[northernladuk]

It was a good question

It really isn't.

[eek]

It was a good question

What’s to stop HMRC (rightly or rather ambitiously) trying to say “Oh this inside35 project/job at CompanyA is identical and requires the same expertise as that project/service that you treated as outside35 at CompanyB, so they must have had the same kind of relationship with you and both been inside” ??

I think it’s the risk of an investigation being started that’s the question (so having to go through a load of hassle), not what’s the risk of losing it.

Every contract is a separate case - provided you have appropriate documentation to demonstrate how Company B was outside you have nothing to worry about.

And HMRC aren't going to bother going that far, there are far far easier people to hit upon first.

[PTP]

It was a good question

What’s to stop HMRC (rightly or rather ambitiously) trying to say “Oh this inside35 project/job at CompanyA is identical and requires the same expertise as that project/service that you treated as outside35 at CompanyB, so they must have had the same kind of relationship with you and both been inside” ??

I think it’s the risk of an investigation being started that’s the question (so having to go through a load of hassle), not what’s the risk of losing it.

[northernladuk]

How can it be a risk? How can one gig at a completely different bank have any bearing on the one you are about to start?

[ginge]

My last contract at a bank, outside and checked with Qdos finished in Jan, and I’m about to start at another bank, blanket PSC ban, so inside via a brolly, would this be a risk?

It’s a similar role to my previous contract, but obviously I need to earn money, so this time round I was considering outside, inside and perm.