New PCG IR35 Questionnaire

[scooby]

My understanding was that the 12 tests are finalised but the scoring may be revised if the results gathered over the next year aren't clearly distinguishing the differences between high, medium and low risk categories. Clearly nobody gains if the scoring is such that everyone comes out the same.

Taking the tests is voluntary but I won't be surprised if HMRC decide as part of an investigation process that not having taken them is an good reason to look a little deeper.

And the fuss is because nobody trusts HMRC's motives in anything any more.

But Mal, where the question content come from? 80% dont match anything re IR35 so far...

[Kate Cottrell]

The truth about the tests

As you already know it is all finalised at this stage pending the test and learn process over the next 12 months. It is only when all the new investigations begin that it can be tested. So all this fuss at this stage is in my opinion premature and not particularly helpful for the other estimated 1.7 million freelancers who can't take the PCG test, especially when additional tests have been included that form no part of the process!

Whatever you think of HMRC's motives, the fact remains that the IR35 legislation has not changed. They did not have to even consider these tests.

Kate Cottrell

[scooby]

As you already know it is all finalised at this stage pending the test and learn process over the next 12 months. It is only when all the new investigations begin that it can be tested. So all this fuss at this stage is in my opinion premature and not particularly helpful for the other estimated 1.7 million freelancers who can't take the PCG test, especially when additional tests have been included that form no part of the process!

Whatever you think of HMRC's motives, the fact remains that the IR35 legislation has not changed. They did not have to even consider these tests.

Kate Cottrell

But no doubt responses to these tests can also be used as evidence... Do you trust HMRC to say "fill this test out, dont worry, we wont use it against you in anyway...". Glad i have PCG and QDOS, you guys can sort this should it ever arise, but it will just get harder and harder to defend.

[malvolio]

But Mal, where the question content come from? 80% dont match anything re IR35 so far...

They're not about IR35, they are meant to be to determine if you are operating a real business. If you are, then HMRC will probably decide you are not likely to fall inside the IR35 provisions so won't waste their time and effort pursuing that line.

IR35 remains exactly as was.

PCG's extra tests will be evaluated separately from the 12 HMRC ones. It's only an internal membership survey, after all, it's not meant to be in any way a definitive assessment.

[northernladuk]

But no doubt responses to these tests can also be used as evidence... Do you trust HMRC to say "fill this test out, dont worry, we wont use it against you in anyway...". Glad i have PCG and QDOS, you guys can sort this should it ever arise, but it will just get harder and harder to defend.

That is hardly helpful is it, scaremongering.

[TheFaQQer]

Just done this... Came out with Medium Risk

I got "The PCG survey is currently unavailable due to maintenance. Please check back shortly. "

[Pondlife]

Sorted

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[Kate Cottrell]

But no doubt responses to these tests can also be used as evidence... Do you trust HMRC to say "fill this test out, dont worry, we wont use it against you in anyway...". Glad i have PCG and QDOS, you guys can sort this should it ever arise, but it will just get harder and harder to defend.

This is not just about taking a test. You will need to provide hard evidence to support your answers to the test.

As I said this whole issue is a very minor one and is being blown out of all proprtion. It is really a case of as you were and wait and see. The tests will help some but not all. They may even be proved to be worthless and withdrawn.

Kate Cottrell

[scooby]

Sorted

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+1

[scooby]

They're not about IR35, they are meant to be to determine if you are operating a real business. If you are, then HMRC will probably decide you are not likely to fall inside the IR35 provisions so won't waste their time and effort pursuing that line.

IR35 remains exactly as was.

PCG's extra tests will be evaluated separately from the 12 HMRC ones. It's only an internal membership survey, after all, it's not meant to be in any way a definitive assessment.

So, Only PCG will use them? I'm confused, what is the point of them then if they are only internal assessment? This is being being done completely separate to HMRC?

So this is being blown out of proportion by whom? PCG for putting it together? It isn't clear of the purpose or the impact... if it's nothing to do with IR35 and wont be used as a measure, why associate it to IR35?

On another note, my new plan B is now running. Advertising worth £1201 + VAT anyone?