Getting the CoA letter signed from a gig way back when

[quackhandle]

Recent gigs I've managed to get a Confirmation of Arrangements letter signed and current gig is direct but will still ask.

There are two gigs of 22 and 16 months that I did back in the day but (not suprisingly) all the people I reported to/worked with have moved on. Letter direct to HR? IT Director?

Anyone had any luck/good outcome with this situation?

Yes this was this mornings 'Thought-Of-The-Morning-Commute-To-ClientCo.'

qh

[Batcher]

It depends how far back you are talking about. 10 years?

I wouldn't bother unless you get an IR35 investigation into YourCo.

During my IR35 investigation I went back and found the people I needed to complete a CoA which they did to my satisfaction. HMRC ignored them anyway and went direct to HR with their leading questions to people that had no idea of the actuall working arrangement I had.

[quackhandle]

It depends how far back you are talking about. 10 years?

5-8 yrs.

qh

[Batcher]

5-8 yrs.

qh

Personally I wouldn't bother with the effort. HR or IT director may just say they don't know you or what your CoA was at that time. There's a good chance those people are new to the position as well since you worked there.

If they do complete your CoA and they don't know you, HMRC might be able to turn round and say it isn't worth the paper it's written on and therefore fraudulent.

[quackhandle]

Personally I wouldn't bother with the effort. HR or IT director may just say they don't know you or what your CoA was at that time. There's a good chance those people are new to the position as well since you worked there.

If they do complete your CoA and they don't know you, HMRC might be able to turn round and say it isn't worth the paper it's written on and therefore fraudulent.

I'd say that's nailed on.

qh

[TheFaQQer]

Personally I wouldn't bother with the effort. HR or IT director may just say they don't know you or what your CoA was at that time. There's a good chance those people are new to the position as well since you worked there.

If they do complete your CoA and they don't know you, HMRC might be able to turn round and say it isn't worth the paper it's written on and therefore fraudulent.

I concur.

I'd guess that if HMRC were looking into a role you had that far back, pretty much the only thing that could be reliably used in evidence would be the contract. I have enough trouble remembering where I was working that far back, never mind the exact working conditions and their impact on my IR35 status!

[quackhandle]

Hector now looking further than six years.

Maybe a rethink on those past gigs...

qh

[eek]

Hector now looking further than six years.

Maybe a rethink on those past gigs...

qh

Read the article again. Hector started an investigation in 2003. Things went quiet until they discovered the previous investigation wasn't closed.

While I would agree it seems to be going back further than 6 years they are just going back to the original open investigation...

[TheFaQQer]

Hector now looking further than six years.

Maybe a rethink on those past gigs...

qh

It's an interesting case, that one - they were already under investigation and then assumed that it had finished because they didn't hear anything else for ages. HMRC then started looking at it again (they hadn't finished it at all), and asked for the paperwork again because they had lost it. The golf club then refused to hand it over because they had already given it once and that should be enough.

One key thing that isn't in the article is this:

paragraph 18 of Schedule 36 FA08, which provides that “[a]n information notice only requires a person to produce a document if it is in the person’s possession or power”. The Appellants are therefore protected against any
penalties for non-production of the documents if they can establish that they are not in their possession or power (though there was no suggestion raised at the hearing that this was an issue).

(linky)

So you can't be punished if you can show that you haven't got the paperwork any more.

[quackhandle]

Read the article again. Hector started an investigation in 2003. Things went quiet until they discovered the previous investigation wasn't closed.

While I would agree it seems to be going back further than 6 years they are just going back to the original open investigation...

Agreed, however I think the article was stating that this *may* set a precedent with HMRC for future investigations.

qh