Too late to walk out ?

[gayab]

If hypothetically I was to have a conversation with the client to discuss my working practices and they tweak the questionnaire to bring it "Off-payroll working rules (IR35) do not apply", will that work ?

[Lance]

If hypothetically I was to have a conversation with the client to discuss my working practices and they tweak the questionnaire to bring it "Off-payroll working rules (IR35) do not apply", will that work ?

If they 'tweak' the questionnaire to reflect an untruth that is a criminal offense of fraud. You would be entering a conspiracy to evade tax by fraud.

[gayab]

If they 'tweak' the questionnaire to reflect an untruth that is a criminal offense of fraud. You would be entering a conspiracy to evade tax by fraud.

Hi , I think I misused the word tweak. Let me give you an example. One of the question is if there is a mistake and then there are few options fo what happens. The client replied that they would expect me to fix it during normal time and charge it. So I spoke to them this afternoon, told them that its generous they put it that way, but from my past examples shown them that if there was ever a mistake I fix them in my own time and do not charge for it. I also showed them example of work carried out to fix something I did and did not charge for a weekend. so then the answer to the question changes.

So I would say I discussed the working practices to understand their perception and what do I do. I also explained them that I work in my own time,they do not set my working hours and he agreed in sense that I log off early and then work in evenings and I have never sought permission to do this.

Regards

[northernladuk]

If hypothetically I was to have a conversation with the client to discuss my working practices and they tweak the questionnaire to bring it "Off-payroll working rules (IR35) do not apply", will that work ?

There is no getting away from this. You are inside. You're fault and you've got to swallow it. Don't look for fudges or get arounds. You are inside. If you stay all your past history at the client should be inside and the risk of getting caught increases over time. If you leave ASAP you reduce your chances of getting caught.

Don't forget also anything you earn going forward now is 30-35% less than it was before. Claiming otherwise is evasion and/or fraud.

That's it. No amount of glitter helps this steaming pile of tulip I am afraid.

[northernladuk]

Hi , I think I misused the word tweak. Let me give you an example. One of the question is if there is a mistake and then there are few options fo what happens. The client replied that they would expect me to fix it during normal time and charge it. So I spoke to them this afternoon, told them that its generous they put it that way, but from my past examples shown them that if there was ever a mistake I fix them in my own time and do not charge for it. I also showed them example of work carried out to fix something I did and did not charge for a weekend. so then the answer to the question changes.

So I would say I discussed the working practices to understand their perception and what do I do. I also explained them that I work in my own time,they do not set my working hours and he agreed in sense that I log off early and then work in evenings and I have never sought permission to do this.

Regards

That won't fly. 99.99% of contractors have to fix it in their own time. A court will know this and if they uncover lies they'll be at it like a bull in a china shop. If the client expects you to fix it in work time you fix it in work time. Working in your time isn't enough of a pointer. Many permies do this now with the new world of flexible working. All you are doing here is digging a bigger hole for yourself.

Nothing changes, you are caught. The only options have been explained to you already.

[gayab]

I am walking out, I told them. I wont be billing past 31st March.

thank you all for your support.

[luxCon]

If they 'tweak' the questionnaire to reflect an untruth that is a criminal offense of fraud.

Show us where it says its a 'criminal' offense, Until such time I'd say your imagination has run away with it

[Lance]

Show us where it says its a 'criminal' offense, Until such time I'd say your imagination has run away with it

here Fraud Act 2006, The | The Crown Prosecution Service (cps.gov.uk)

HTH

[luxCon]

here Fraud Act 2006, The | The Crown Prosecution Service (cps.gov.uk)

HTH

Whats that got to do with it !!

[Lance]

Whats that got to do with it !!

if you falsely change or create a document, where that falsehood gains you an advantage, at the expense of another party, you have defrauded that other party. That is a criminal offense.
When the fraud is done to avoid paying tax, it becomes tax evasion. That is also a criminal offense.

This isn't that hard. Section 2 (Fraud by false representation) and section 7 (Making or supplying articles for use in frauds) of that link are the pertinent parts.
IANAL