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

[northernladuk]

It's highly unlikely there will be an extension.

That still indicates risk which needs dealing with.

[adubya]

I'm sure it's been mentioned but I'd speak to the client first. Remember, the determination has absolutely squat to do with the agent.

Find out if its an enduring role past April. If not you are golden. If there is a chance of extensions then you need to find out from your client what there thought process is Before they make an actual determination.

Wonders if Cojak could add something in to her sticky about contracts ending 30th with no extension as its a slightly different situation.

It's highly unlikely there will be an extension.

[northernladuk]

Great thread.

My current (outside) contract ends on 31st March 2020 and I invoice weekly but the agency settle 30 days later. So that last month's worth of invoices will be paid in tax year 20/21 i.e. in the "new world".
I will contact the agency for comment but sounds like I might need to invoke the 30 day notice period come end of Feb.

I'm sure it's been mentioned but I'd speak to the client first. Remember, the determination has absolutely squat to do with the agent.

Find out if its an enduring role past April. If not you are golden. If there is a chance of extensions then you need to find out from your client what there thought process is Before they make an actual determination.

Wonders if Cojak could add something in to her sticky about contracts ending 30th with no extension as its a slightly different situation.

[adubya]

Great thread.

My current (outside) contract ends on 31st March 2020 and I invoice weekly but the agency settle 30 days later. So that last month's worth of invoices will be paid in tax year 20/21 i.e. in the "new world".
I will contact the agency for comment but sounds like I might need to invoke the 30 day notice period come end of Feb.

[northernladuk]

Possibly. What's the point of making a determination of a role that won't exist after April?

Crux of the argument is will it?. The OP will know the work and if there is a question then they need to ask the client to be sure.

[CompoundOverload]

Depends if the contract has truly ended. If there is no chance of an extension then there is no determination to make and therefore it doesn't matter when he gets paid.

If an extension pops up at the last minute he's got problems but he should know the likelyhood of that.

But irrespective of whether this contract is ending / to be extended, won't all firms be required to make a determination on all of their contractors? I doubt the poster's client is going to leave it until the last minute to make such a decision, so it's likely that the client will make some assessment before the contract lapses / gets extended?

[northernladuk]

Have you had a determination confirmed in writing from your client you are outside post April ?

Depends if the contract has truly ended. If there is no chance of an extension then there is no determination to make and therefore it doesn't matter when he gets paid.

If an extension pops up at the last minute he's got problems but he should know the likelyhood of that.

[CompoundOverload]

Outside

Have you had a determination confirmed in writing from your client you are outside post April ?

[cojak]

Outside

Then in your situation I would look at the notice clause in your contract. It may be a 1 month notice period, in which case you know when to hand in your notice should you choose to do so.

(It's payment to you, btw - I didn't think that MSC's were allowed...)

[seminal75]

The first question I have is very simple - are you inside IR35 or outside IR35 today? (Do you get paid via PAYE?)

If you are inside you do not need to worry, you are already covered by this.

Outside