Originally posted by TheRightStuff
Inland revenue penalties can only be charged when the guilty party has claimed to be outside IR35 with no evidence to support this stance.
Charges and penalties will not be charged where the guilty party has made enough effort to show they are without IR35.
A statement from QDOS or B&C stating your IR35 status is as good evidence as you can get as they are recognised experts in the field (thye have been involved in many a win against the revenue).
Should you still be found to be within IR35 you will only be liable for the unpaid tax. No penalties will apply.
In defence of Malvolio
Mal has been posting advice on this board for quite some time. He always posts his honest and well informed opinion. He does not try and lead people astray.
He is fiercely supportive of the PCG and makes no apology for that stance.
He gives his advice freely and generously.
I can well understand why he is short with some of the people who "crash into this board".
A quick read of the guides on this site and a simple search of the forums will answer most newby questions, yet we still see the same questions rolling in again and again.
One has to ask if contreacting is a suitable career option for anyone who can not do the simple tasks stated above.
Then we see people who question the validity of the advice. Mals advice is just that, advice. If people don't like it they are free to not take it.
If others have other advice then they are free to offer it, but arguing that Mal is a pillock for not offering that advice is unproductive.
I, like Denny, am no lover of the PCG, but I would advise any contractor to join, especialy a newby. The range of products is excellent and the access to the knowledge base is invaluable.
Remember that everybody who gives advice on this board does so honestly. We all have businesses to run and work to do so we can do without repeating what we have said before or searching the forums for a previous answer.
If you dont like the advice then dont take it. If you have an alternative answer then give it, you will receive valid opinions on it.
Regrads TLG.
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