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

[cojak]

The ability of someone perm being capable of taking over our project and doing the work isn't an indicator at all... We aren't some sort of specialist master race

His working practices are what counts...

We seem to be forgetting the fundamentals of IR35 or a basic defenses against it.

Yes, I agree with this. And so if he knows his working practices are different that's fine and dandy, and explained in the original post.

[sim2kuk]

Yes, I agree with this. And so if he knows his working practices are different that's fine and dandy, and explained in the original post.

That's good then - you had me worried for a minute there that everything I'd judged past contracts on was incorrect.

However, I am still hearing that unless I want a potential investigation (which I obviously don't), I shouldn't take a contract with the same client for a role that may be lazily judged within IR35 (and the company, as per most billion pound companies I've been at, are very lazy).

Or there's the opinion that it's not worth HMRC going back to investigate previous contracts, as it's going to take a lot of effort, and they'll just fix it going forward.

[dx4100]

I am still hearing that unless I want a potential investigation

The changes probably won't affect the already low chance of an investigation unless you work for one of the big companies nosily shouting they will blanket move everyone inside. It may (or may not) affect the outcome of an investigation.

[Paralytic]

After April 1st the client is liable for IR35 not the individual contractor. The law changes so you can no longer be investigated individually even for past contracts.

Where on earth (or elsewhere) did you get that idea?

[northernladuk]

Where on earth (or elsewhere) did you get that idea?

It's Unix. Just the normal rubbish he spouts. You'll get used to it.

[Paralytic]

The changes probably won't affect the already low chance of an investigation unless you work for one of the big companies nosily shouting they will blanket move everyone inside. It may (or may not) affect the outcome of an investigation.

Which companies are doing that?

[sim2kuk]

So, judging from the above, is the below position correct:

I'm probably best not to stay for a 3 month contract for a role that may or may not go past April, with a Client that hasn't decided yet (and probably won't until very late) whether the role will be inside or outside IR35. Either way, even if the role does not go past April and I have taken it, an inside IR35 determination on that role could signal that every contract I have had at that current client, for the past 17 months, could also be classed as inside (even though those specific contract roles have lapsed).

[dx4100]

Which companies are doing that?

Lots of banks.... Have you been in a deep dark hole last couple of weeks

[dx4100]

So, judging from the above, is the below position correct:

I'm probably best not to stay for a 3 month contract for a role that may or may not go past April, with a Client that hasn't decided yet (and probably won't until very late) whether the role will be inside or outside IR35. Either way, even if the role does not go past April and I have taken it, an inside IR35 determination on that role could signal that every contract I have had at that current client, for the past 17 months, could also be classed as inside (even though those specific contract roles have lapsed).

Not quiet... It’s not the contract going past April - its the payment date of any invoice... So much earlier than April...

I don’t think anyone can tell you what to do...

[cojak]

I don’t think anyone can tell you what to do...

Yep, that’s the long and short of it.