Anti phoenixing rules - new contract outiside IR35

[passerby]

Hi,

I closed my ltd which I have used for like 10y and received the last distribution in June 2022. I closed it because i thought i would never need it again. I never thought I would get a role outside IR35.

Well, I managed to secure a role outside IR35, it will be a 100% remote job for a foreign bank.

I spoke to 2 accountants. The first one said I will be caught by the TARR rules. The second one said i will be fine, since the reason i closed my company was because it was not needed as no contract outside IR35 was expected. He said there is a small risk that HMRC will ask questions but he would help me draft a letter explaining the situation.

anyone went through this?

[Fred Bloggs]

There's important information missing. But by the sounds of it, it's likely the first accountant is correct and for now, PAYE umbrella is your way forward.

[jamesbrown]

You will be caught. If you look at the examples provided by HMRC, they focus on situations like retiring and then returning within two years of the final distribution to do a trivial amount of work in the same or a similar trade. Not expecting an outside contract is an exceptionally weak argument and, unfortunately, shows a lack of foresight, although there are many like you. As Fred says, an umbrella is the way to go until after June 2024.

[Lance]

As Fred says, an umbrella is the way to go until after June 2024.

Or declare the money as dividends. You've got till Jan 2024 to do that.

[ensignia]

Hi,

I closed my ltd which I have used for like 10y and received the last distribution in June 2022. I closed it because i thought i would never need it again. I never thought I would get a role outside IR35.

Well, I managed to secure a role outside IR35, it will be a 100% remote job for a foreign bank.

Reading stuff like this makes me glad of the IR35 rule changes.

[passerby]

There's important information missing. But by the sounds of it, it's likely the first accountant is correct and for now, PAYE umbrella is your way forward.

What information is missing? Do you mean the role for ex?

[passerby]

Reading stuff like this makes me glad of the IR35 rule changes.

I have read your post like 10 times and still not sure what point you are trying to make.

[jamesbrown]

I have read your post like 10 times and still not sure what point you are trying to make.

They are saying that you deserve to be in your current predicament and that you should've thought more carefully before liquidating your company on the basis of changes to IR35.

[WTFH]

What information is missing? Do you mean the role for ex?

You didn’t say how you closed your company, how you took the money out, what way you paid tax on that money, etc, etc.

[Fred Bloggs]

You didn’t say how you closed your company, how you took the money out, what way you paid tax on that money, etc, etc.

Exactly. But the assumption of being TAAR caught is probably correct in this case even if it's not the answer that the OP wanted.