IR35 Status - Cannot disclose for legal reasons

[simes]

Perhaps by way of response, you say, until he tells you whether or not it is inside IR35, you legally can't tell him your rate...

[LondonManc]

Perhaps by way of response, you say, until he tells you whether or not it is inside IR35, you legally can't tell him your rate...

At which point he'll think "what a chunt" and cross the OP off his shortlist.

[northernladuk]

At which point he'll think "what a chunt" and cross the OP off his shortlist.

[simes]

At which point he'll think "what a chunt" and cross the OP off his shortlist.

Perhaps sarcasm doesn't come across... It Was a bloody joke FFS.

[mudskipper]

I think there's some confusion here.

If the role does not fall within the PS remit - i.e. the PS body does not have to make a determination, then it's carry on as before, i.e. the contractorCo makes the determination. If it is out of scope, no agent or client are going to willingly assure you (in writing!) that you're IR35 'safe'.

The question is whether the role falls within the scope of the changes - do the PS body have to make an IR35 decision, or is it out of scope?

[northernladuk]

I think there's some confusion here.

If the role does not fall within the PS remit - i.e. the PS body does not have to make a determination, then it's carry on as before, i.e. the contractorCo makes the determination. If it is out of scope, no agent or client are going to willingly assure you (in writing!) that you're IR35 'safe'.

The question is whether the role falls within the scope of the changes - do the PS body have to make an IR35 decision, or is it out of scope?

But he can't legally tell us......

[mudskipper]

But he can't legally tell us......

He can't tell us if the role is inside IR35 because it is out of scope? Maybe?

[Lance]

Ask if you’ll be paid your day rate + VAT direct to your LTD. In public sector with the new rules they can’t do that so that should be most of the answer. After that it’s down to the normal checks and practises.

[BlasterBates]

They do work for the PS so it isn't his call, and the agent also has a legal obligation, especially since they generally also have clients in the PS.

You'll probably see more of this as time goes on and clients/agents become culpable for IR35.

Even if the agent says it is or isn't you won't really know until you have the contract.

Just ask him whether it is in the public or private sector, if in the public sector assume it is within IR35.

One thing I would say is that the agency takes their legal obligations seriously which isn't a bad sign, even if you could argue they've gone too far.

[LondonManc]

Perhaps sarcasm doesn't come across... It Was a bloody joke FFS.

No it doesn't. HTH