Kingsbridge IR35 Insurance

[eek]

How can you say on what grounds?

Client has determined status in conjunction with contractor and issued an SDS. Contract is outside, contractor is paid gross. HMRC investigates and determines incorrect status given and issues penalties for Tax/NICs (or whatever happens), client pays penalties due to incorrect determination.

That should be it, end of story.

Yes, I know there are nuances in which the penalties move along the chain, but in the event that the client is still solvent, it should be their responsibility.

My point was that given a particular (pre arranged) question in a seminar the advice that HMRC gave (and that LM was talking about) is correct - so I'm at a loss as to what LM thought she could write to her MP about.

[eek]

It feels like an unintended consequence, or I've massively misunderstood (which, as we know, is my most common theme). In my very simple mind, there cannot be any passing down the chain the liabilty for an incorrect determination by the client. If they say outside and HMRC say inside then the client should pay up.

It's another technicality - SDS determinations can be appealed (even an outside determination).

And an appeal can be instigated in multiple ways - some of which could be abused down the line to say avoid HMRC taking you to court.

[ladymuck]

My point was that given a particular (pre arranged) question in a seminar the advice that HMRC gave (and that LM was talking about) is correct - so I'm at a loss as to what LM thought she could write to her MP about.

I don't like it so it must be illegal

[dx4100]

Currently sitting pretty in a perm role I want to leave looking at this thinking - I need another perm role. What a s-show!