Originally posted by Spikeh
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Asking Agency for visibility of end-client contract?
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Originally posted by billybiro View PostAre you sure they take years? That may well be the case for large companies who have complex accounting/taxation affairs but it's certainly not the case for the individual or the one-man-band companies.
Also, did you read your own links?
The tax investigations firm cautioned that while three months has become the average duration of a HMRC enquiry, many take much longer and can even stretch into years.Comment
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Originally posted by billybiro View PostAre you sure they take years? That may well be the case for large companies who have complex accounting/taxation affairs but it's certainly not the case for the individual or the one-man-band companies.
The average is possibly correct - some HMRC investigations can be shut down very, very quickly (possibly even from the first response), whereas very few IR35 investigations will end after a couple of months.Comment
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Originally posted by billybiro View PostDoes your personal name appear anywhere on the contract between YourCo and [other party] (other than as signatory for YourCo)?
If so, you're a disguised employee.
Originally posted by billybiro View PostDo you have a genuine right of substitution (i.e. not one where the client can simply refuse a substitute for any reason they please)?
If not, you're a disguised employee.
TaComment
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Originally posted by Spikeh View PostWell no, of course I'm not. I've never experienced one and don't tend to read up on every case that's publicised. I'm sure that the length is fairly short for contractors who have only had a few clients (the majority?) but for someone like me - who's worked with over 100 clients over 20 years - an investigation would take much longer.
Also, did you read your own links?
Yes, I did read my own links. Obviously, there are outliers and each investigation is done on it's own merits but it's clearly fair to say that, on average, an investigation into a person/one-man-band Ltd. takes considerably less time than an investigation into a large corporate entity.Comment
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Originally posted by billybiro View PostAre you sure they take years? That may well be the case for large companies who have complex accounting/taxation affairs but it's certainly not the case for the individual or the one-man-band companies.
The ones they do pursue do take an awful long time as it’s complex.See You Next TuesdayComment
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Don't forget, an IR35 investigation could start with an innocent "we just want to check your VAT returns" and then it escalates into something very different.Comment
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Originally posted by billybiro View PostThe fact you've had 100's of clients over the last 20 years isn't directly relevant as HMRC can and do investigate on a case-by-case, contract-by-contract basis. So you're as likely to be investigated and as potentially liable if you're a brand new contractor with your first client & contract or if you've been the in game for many years.
Yes, I did read my own links. Obviously, there are outliers and each investigation is done on it's own merits but it's clearly fair to say that, on average, an investigation into a person/one-man-band Ltd. takes considerably less time than an investigation into a large corporate entity.
You're going well off topic now, and preaching to a choir singing off the same hymn sheet - albeit a slightly more positive one.Comment
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Originally posted by ladymuck View PostDon't forget, an IR35 investigation could start with an innocent "we just want to check your VAT returns" and then it escalates into something very different.
And they know they are in for a fight should they want one.
This is what I pay my IPSE+ for.
qhHe had a negative bluety on a quackhandle and was quadraspazzed on a lifeglug.
I look forward to your all knowing and likely sarcastic and unhelpful reply.
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Originally posted by quackhandle View PostAnd that's usually the time you send them a nice letter on headed notepaper saying please contact IPSE as they deal with all matters IR35.
And they know they are in for a fight should they want one.
This is what I pay my IPSE+ for.
qhComment
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