Capita CL1 government contract - should I take it

[SueEllen]

Yes, that's what is boils down to.

I did not negotiate the rate, not sure I should do this now. I am told that the 'work order' is being raised at the moment, not sure what that means. I was not much interested in this one as it was not closer to home (In fact, quite further away). I am in Buckinghamshire and this is in Wales - around 2:30 hrs by car.

Anyone knows if I will need to pay toll if I use M4/M5 to go to wales from Buckinghamshire?

You will need to pay tolls and 5 hours driving a day will kill you. You will fall asleep on the motorway.

Stay in a hotel or B&B.

[BolshieBastard]

But for me the rate was high enough that even if I do end up caught then it's still more than my last outside role. And it is 8 miles from my house rather than the 80 I was doing before.

Spectacularly misses the point.

You've had a review and deemed outside IR35. However, if hmrc investigate and disagree with the review decision (because the reviewer can only go on what you tell them about the role and conditions), and it goes to a tribunal who agree with hmrc that you're caught, the rate wont be 'sufficiently high enough' because not only will you have to pay taxes under IR35, you'll also be in line for penalties and possibly interest on top for declaring yourself outside, albeit after review.

The penalties can be 100% of the tax due.

Personally I wouldnt touch a government contract even if it was at double my normal rate.

[new2c]

You will need to pay tolls and 5 hours driving a day will kill you. You will fall asleep on the motorway.

Stay in a hotel or B&B.

Point taken, I will look for a B&B now.

[new2c]

Just be aware they may ask you to fill in the BETs which have now been withdrawn. Someone started a post about it this week.
I'd think twice about a CL1 gig. In fact a lot more than twice but I am sure if I was getting a bit desperate I'd cave.
I like to think I have a good understanding of IR35 but I'd still be nervous about them. If you are considering it please get yourself past asking questions about flexibility etc. You should know better than that in a normal gig let alone one like this.

Yes, they did ask for BET to be filled in and the declaration signed, even after I mentioned that BET has been withdrawn now. I am dealing with the agency who seem equally incompetent.

I am in two minds now, whether to go there or not.

Also, I don't understand IR35 at all, my last gig was in London through a reputed agency and I got the contract reviewed by Qdos. I made sure that do not do anything at the client side which is meant for permanent employees like claiming expenses or booking hoildays. I don't know what is meant by 'flexibility' in IR35 context.

[northernladuk]

But do you understand why you shouldn't do those things or did you do them because you read it somewhere?

Just to answer then point on flexibility.. Is that available to just you as an independent supplier or is it offered to everyone on site including employees? If it's everyone then it cant be an IR35 flag as it doesn't differentiate you from the employees so is irrelevant. Think like a business, not an employee.

[new2c]

But do you understand why you shouldn't do those things or did you do them because you read it somewhere?

Just to answer then point on flexibility.. Is that available to just you as an independent supplier or is it offered to everyone on site including employees? If it's everyone then it cant be an IR35 flag as it doesn't differentiate you from the employees so is irrelevant. Think like a business, not an employee.

I have just read it on here and some other articles that contractors should not be disguised employees and should not take/use any benefits available to permanent employees.

[SueEllen]

I have just read it on here and some other articles that contractors should not be disguised employees and should not take/use any benefits available to permanent employees.

So you won't drink the free tea/coffee provided at client co because the permies drink it and it's a benefit?

[new2c]

So you won't drink the free tea/coffee provided at client co because the permies drink it and it's a benefit?

No, won't go to that level, have been attending office parties etc.

Certainly will not apply to HR for gym membership.

[northernladuk]

I have just read it on here and some other articles that contractors should not be disguised employees and should not take/use any benefits available to permanent employees.

Which is a start. Over time you'll get to understand what are minor flags so you can accept so as not to rock the boat with your client and what are other elements that should be avoided.

[jamesbrown]

Spectacularly misses the point.

You've had a review and deemed outside IR35. However, if hmrc investigate and disagree with the review decision (because the reviewer can only go on what you tell them about the role and conditions), and it goes to a tribunal who agree with hmrc that you're caught, the rate wont be 'sufficiently high enough' because not only will you have to pay taxes under IR35, you'll also be in line for penalties and possibly interest on top for declaring yourself outside, albeit after review.

The penalties can be 100% of the tax due.

Personally I wouldnt touch a government contract even if it was at double my normal rate.

Nonsense. They are only 100% in the most egregious cases where the contractor knew they were inside, ignored this, and furthermore concealed it. No penalties are due if reasonable care is taken, and a professional review demonstrates reasonable care. Interest would be due, but look at the success rate of investigations FFS. None of this undermines the need for due diligence and record keeping, but your assertions about penalties are simply wrong.