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

[Major Hassle]

There was no clarity otherwise I wouldn't still be quoting your comment from your last few posts.

Instead of this Chuckle Brothers from me to you act which is wearing thin now, why don’t you just speak to your tax Liabilty insurers and get their perspective. That’s what I’ve done and will take their counsel over randoms on an Internet forum.

[northernladuk]

Instead of this Chuckle Brothers from me to you act which is wearing thin now, why don’t you just speak to your tax Liabilty insurers and get their perspective. That’s what I’ve done and will take their counsel over randoms on an Internet forum.

This. Get some expert advice before you make your decision.

[Paralytic]

This. Get some expert advice before you make your decision.

Can you advise who someone should get advice from?

[northernladuk]

Can you advise who someone should get advice from?

Shh you. I'm waiting for him to start another epic thread.

[ChimpMaster]

I might be missing something, but - in reference to historical investigation risk - the April 2020 determination only really matters if you believe you are within IR35 anyway. If you have taken steps to be out of IR35 then you should be able to prove this in any HMRC investigation.

If you are clearly outside IR35 but then determined in April by the client as inside, then realistically there isn't anything you can do. The historical risk might mean you get investigated, but like I said, if you know you are IR35-clear then you can prove it.

The problem for me is not HMRC (though yes they are always a problem for everyone). The real problem are the clients. Clients have no interest in the reality of your working situation - they care only to avoid the hassle of dealing with HMRC and so will take the path of least resistance.

[BlueSharp]

I might be missing something, but - in reference to historical investigation risk - the April 2020 determination only really matters if you believe you are within IR35 anyway. If you have taken steps to be out of IR35 then you should be able to prove this in any HMRC investigation.

If you are clearly outside IR35 but then determined in April by the client as inside, then realistically there isn't anything you can do. The historical risk might mean you get investigated, but like I said, if you know you are IR35-clear then you can prove it.

The problem for me is not HMRC (though yes they are always a problem for everyone). The real problem are the clients. Clients have no interest in the reality of your working situation - they care only to avoid the hassle of dealing with HMRC and so will take the path of least resistance.

How would the PSC not disputing the determination and not using the client process for disputing the determination look at a tax tribunal even with all the outside IR35 evidence. How much weight would the tribunal put on this information and the reluctance to appeal using the client process compared to the outside information. Could HMRC win a case where a PSC which has switched and not disputed set a precedent in all other cases?

[CompoundOverload]

Instead of this Chuckle Brothers from me to you act which is wearing thin now, why don’t you just speak to your tax Liabilty insurers and get their perspective. That’s what I’ve done and will take their counsel over randoms on an Internet forum.

I had a response pending and actually received it this morning, pretty generic response to be honest and on the similar lines of what most people have been posting on here.

In short, unable to advise if better to leave vs staying. Quoting that the Gov have stated they won't do retro reviews.

Pretty much it.

[BlueSharp]

I had a response pending and actually received it this morning, pretty generic response to be honest and on the similar lines of what most people have been posting on here.

In short, unable to advise if better to leave vs staying. Quoting that the Gov have stated they won't do retro reviews.

Pretty much it.

Yup. So you're back to looking at the first post and deciding what is your appetite for risk?

[CompoundOverload]

Yup. So you're back to looking at the first post and deciding what is your appetite for risk?

Still averse to it....

[sojan]

I might be missing something, but - in reference to historical investigation risk - the April 2020 determination only really matters if you believe you are within IR35 anyway. If you have taken steps to be out of IR35 then you should be able to prove this in any HMRC investigation.

If you are clearly outside IR35 but then determined in April by the client as inside, then realistically there isn't anything you can do. The historical risk might mean you get investigated, but like I said, if you know you are IR35-clear then you can prove it.

The problem for me is not HMRC (though yes they are always a problem for everyone). The real problem are the clients. Clients have no interest in the reality of your working situation - they care only to avoid the hassle of dealing with HMRC and so will take the path of least resistance.

agree to your logic. But the data available to HMRC (ie. those who were outside but turned inside) is a simple flip switch for them to investigate. Easy hanging fruit. that's my worry