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Outside/inside/outside 35 advice

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    Outside/inside/outside 35 advice

    I am hoping someone can advise me on some thoughts of a recent development in my role.
    I have been with current client for 2.5years, outside 35 to start and then blanket inside 35 in April.
    I have recently been offered a new role by a new client outside 35. long story short when I attempted to resign last week my current client makes a counter offer to move me back outside 35 to get me to stay with them.

    my thoughts are surely this is a complete risk for me should hmrc investigate or, am I being completely clueless here? I have been weighing up both opportunities but this seems like a potential high risk.

    any thoughts would be appreciated thank you

    #2
    You would already have problems with HMRC if they investigated the inside > outside move.

    It will be a slam-dunk for HRMC if you now go back to outside - it will be a lie because you've already accepted that you are inside. There's no going back from that decision if you don't substantially change roles with that client. (PS - giving yourself a new job title won't cut it.)
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
    - Voltaire/Benjamin Franklin/Anne Frank...

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      #3
      Thank you, that’s exactly what I thought also!

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        #4
        You could argue, that you were always outside but the client did a blanket inside determination and now they've realised that it was the wrong decision in your case.

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          #5
          The client clearly isn't taking the risk of incorrect determination seriously which is surprising now there are cases in the news, granted public section... for now.

          I'd be out of there like a shot. Nothing will change in HMRC's eyes re the outside to inside position regardless of what the client fudges so I wouldn't be staying.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

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            #6
            Too late, damage is done, you were (effectively) inside all along.

            Still, the liability is on the supply chain above YourCo going forwards, absent fraud. Of course, were you to decide to stay, that "absent fraud" part might come back and bite you too.

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              #7
              Originally posted by Gen22 View Post
              I am hoping someone can advise me on some thoughts of a recent development in my role.
              I have been with current client for 2.5years, outside 35 to start and then blanket inside 35 in April.
              Can you clarify what happened in April - did you actually get a new SDS saying that you were inside, or did the client put a blanket ban on PSCs (meaning that you'd have to use an umbrella regardless of inside/outside)?

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                #8
                After 2.5 years the possibility of you being in any way meaningfully outside is vanishing by the day
                ⭐️ Gold Star Contractor

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                  #9
                  Is the client Public or private sector? If public sector IR35 liability has laid with the public sector since April 2017.
                  Make Mercia Great Again!

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                    #10
                    What size is the client (in the context of IR35)?

                    (We've seen others saying a client has made a blanket inside determination, whereas what they actually meant is they've decided to no longer engage with PSC, so there's no guarantee this is not a "small" client).

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