Determined outside, then client stopped paying and start IR35 determination

[eek]

You (cwah) said that you've been there for a month, and they haven't paid you for the past 2 weeks. Just to clarify, have they paid you at all? Based on eek's comment, if they paid you at outside rates for the first week then it should be too late for them to change their mind.

If the determination change the agency just needs to collect the appropriate tax from future payments or to vise the clause in your contract that allows them to request the money back from your company to ensure the tax is paid.

[cwah]

I just checked... I don't have a status determination document. I think they didn't do that and just said I was outside IR35.............

It sounds all f.. up...


I don't want to work there anymore....... especially if they're going to claw back some money they paid on top of having reduced my pay...

[northernladuk]

I just checked... I don't have a status determination document. I think they didn't do that and just said I was outside IR35.............

It sounds all f.. up...


I don't want to work there anymore....... especially if they're going to claw back some money they paid on top of having reduced my pay...

You realise it sounds f.. up from both sides. Why did you start without seeing or confirming the status determination? We always talk about diligence when dealing with agents and that hasn't changed, new legislation or not. An SDS has to be done by law so you get a copy of it or confirm it. You don't take the agents word on anything.. ever.

I think you need to go back to the agent and discuss it with them. Like nearly all of your posts it makes little sense so hard to help. Speak to the agents and ask them why you haven't been paid, ask them what the situation was when they took you on re status and SDS and then ask them what on earth is going on. Don't come off the phone until you are satisfied.

[cwah]

Yes I was planning to call the agent tomorrow. I called today but it was too late.

I didn't know the SDS was a mandatory document to be produced. I just thought they must have done it when they gave me the contract..... what a mistake...

[NotAllThere]

I wonder if this change of status will affect who pays the ERNIC?

[eek]

I wonder if this change of status will affect who pays the ERNIC?

Not really - it's the same pot of money.

The change in status means that the agency needs to deduct all the tax before passing the rest to your company.

[Lance]

You (cwah) said that you've been there for a month, and they haven't paid you for the past 2 weeks. Just to clarify, have they paid you at all? Based on eek's comment, if they paid you at outside rates for the first week then it should be too late for them to change their mind.

the critical point about payment is when the client pays the agent, not when the agent pays the contractor.
The agency is very likely paying up front.

[Lance]

I don't want to work there anymore.......

that's easy to sort. Just refuse to work under the new terms. Starting immediately.

[cwah]

that's easy to sort. Just refuse to work under the new terms. Starting immediately.

They haven't determined my status yet. So I have to wait a little bit.

I also had quite a bit of trouble last year to find contracts, although it was getting easier recently. I'd want to get a new contract ASAP if I'm inside but I don't want to take the risk to be again without any money in for months...

[Lance]

They haven't determined my status yet. So I have to wait a little bit.

I also had quite a bit of trouble last year to find contracts, although it was getting easier recently. I'd want to get a new contract ASAP if I'm inside but I don't want to take the risk to be again without any money in for months...

don't wait. Start looking for something else. They've stopped payment.