Is the death knell ringing for IR35

[Fred Bloggs]

Hasn't IR35 cost them loads more than it reels in?

In the real world, probably so. But IR35 is in a world inhabited by "glorified typists" where "IR35 is only fair".

[helen7]

Hasn't IR35 cost them loads more than it reels in?

You are only looking at court case figures. won vs lost.

How many people do you think own up and are actually paying in?

[Jubber]

Yes I heard that too.

Serves all those tax avoiding scumbags right for avoiding IR35 and all the tax that was due for the last 10 years.

I hope everyone still has the money + interest, or they could be in a spot of bother.

your company

[helen7]

your company

Wouldn't it be deemed that the personal Self Assement was incorrect (money claimed as div's rather that paye) and therefore the personal tax will still be due.

i.e. your not off the hook if you close down the company!

[gingerjedi]

Hasn't IR35 cost them loads more than it reels in?

I've been saying for a long time I would be willing to pay somewhere in between just to be free from the worry, at the moment the difference between being in or out is night and day so I'll take the risk along with the majority.

If they want us to pay they need to give us more carrot and less stick IMO.

[Jubber]

Wouldn't it be deemed that the personal Self Assement was incorrect (money claimed as div's rather that paye) and therefore the personal tax will still be due.

i.e. your not off the hook if you close down the company!

Well ...... this has been much discussed already and this is part of the problem with IR35 - who knows? I had a PAYE (IR35) review a few years back and it was fine. The fear of this stuff is crazy.

I run my business they way I feel is correct. Have I been negligent doing so? No - my contracts are outside of IR35 to the best of my knowledge and to the knowledge of other external professional (lol) advisors.

(IMHO) - If the tax man decides otherwise I suppose a judge would have to decide and Hector would have to prove that I acted negligently as a director. Much harder to prove than just force his opinion on me about a contract or two.

(IMHO) - Hector is trying to collect this revenue by fear and slight of hand, like a lot of the tactics with dubious taxation.

By the way - what has happened in the high profile cases recently Dragonfly and Kingfisher etc?

[stingman123]

Well ...... this has been much discussed already and this is part of the problem with IR35 - who knows? I had a PAYE (IR35) review a few years back and it was fine. The fear of this stuff is crazy.

I run my business they way I feel is correct. Have I been negligent doing so? No - my contracts are outside of IR35 to the best of my knowledge and to the knowledge of other external professional (lol) advisors.

(IMHO) - If the tax man decides otherwise I suppose a judge would have to decide and Hector would have to prove that I acted negligently as a director. Much harder to prove than just force his opinion on me about a contract or two.

(IMHO) - Hector is trying to collect this revenue by fear and slight of hand, like a lot of the tactics with dubious taxation.

By the way - what has happened in the high profile cases recently Dragonfly and Kingfisher etc?

Consider yourself lucky! Whilst working for Capgemini on the HMRC account, I showed my contract to 2 inspectors in 2 different offices, one said I was OK,the other said I wasn't.
If they cannot decide, how the hell can I?/accountant/ agency?

[DonkeyRhubarb]

Exempt from Employers NI?

I am no longer contracting anymore, and haven't run a company for a long time. My last contract was through an IoM scheme (no comments please).

Anyway, out of interest would people accept being under PAYE if you didn't have to pay employers NI? If I'm right, that would give an extra 12% net.

I'm not saying it would even be possible to frame legislation to exclude certain groups from Employers NI, but if it were then it could be a reasonable compromise.

[Ruprect]

I heard that IR35 is going to be retrospectively clarified back to 1999.

I would require retrospective voting if this is the case.

[gingerjedi]

I am no longer contracting anymore, and haven't run a company for a long time. My last contract was through an IoM scheme (no comments please).

Anyway, out of interest would people accept being under PAYE if you didn't have to pay employers NI? If I'm right, that would give an extra 12% net.

I'm not saying it would even be possible to frame legislation to exclude certain groups from Employers NI, but if it were then it could be a reasonable compromise.

I would, I just don't see why I should pay significantly more than an employee who has a pension, holidays, sickness etc. There has to some sort of payoff for the flexibility contractors provide.

If HMRC want to tax me as an employee and an employer then HMRC should provide me with these perks.