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IR35 Status - Cannot disclose for legal reasons

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    IR35 Status - Cannot disclose for legal reasons

    So bit of an odd one for me.
    Got a call about a piece of work. Its for a company that provides services to the Public Sector.
    At the mention of PS I asked him is the contract inside/outside of IR35. He said:

    " Unfortunately I cannot legally tell you if the contract falls under IR35. All I can say is that while we do work with the Public Sector, we are not a PS body ourselves."

    Now the contract is working for the company itself, not for one of their clients (I.e. a PS body) so off payroll working shouldn't apply.
    What I am unsure about it the whole...I cannot legally tell you if it is or not?

    Anyone come across this?

    #2
    Nope. And it sounds like a load of bollocks. Far more likely the office junior pretending to be an agent doesn't know the answer and doesn't have the faintest clue of his own business.


    Personally I would go elsewhere.
    Blog? What blog...?

    Comment


      #3
      Bearing in mind IR35 is determined by a host of factors, none of which are secret or business sensitive and you cannot account properly without knowing it I'd say that's the biggest crock of tulip I've ever heard.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #4
        Maybe ask what law he believes is being broken?

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          #5
          Go for it - you can always use the Catholic method of withdrawing at the last minute if you have to.
          The greatest trick the devil ever pulled was convincing the world that he didn't exist

          Comment


            #6
            Thanks
            I did think he was full of it but just wanted to make sure.

            As mentioned I might just pull him up on it and ask what the legal issue is.

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              #7
              Ask whether the client / role is classed as public sector which requires assessment under the off-payroll rules that were introduced in April 2017.

              The agent doesn't need to tell you at this stage whether it's in or out, but at least you have an idea of whether it might.

              There is no law which prevents the agent from telling you the status of the role though.

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                #8
                The big danger now is that you've been flagged as "Not gullible".
                The greatest trick the devil ever pulled was convincing the world that he didn't exist

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                  #9
                  Sounds like one of these "government department but can't say " (intelligence) roles that go around every so often. You then find out that the vetting process takes 9 months - NEXT!
                  ⭐️ Gold Star Contractor

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                    #10
                    Originally posted by wparkar View Post
                    Now the contract is working for the company itself, not for one of their clients (I.e. a PS body) so off payroll working shouldn't apply.
                    What I am unsure about it the whole...I cannot legally tell you if it is or not?
                    The simple answer may be the right one, that the PS rules don't apply, and that's all a distraction.

                    In which case, it isn't their job to make the determination, it is yours. And if he says it is outside (or inside), that could be construed as legal advice, which could get them in trouble. So he's been told not to answer that question.

                    He should be able to answer definitively if the PS rules apply. If they do, obviously, the PS client should make a determination and he has to tell you what it is. If they don't, his opinion on the question is worth less than yours and less than whoever you get to review your contract, and you can forget you asked him about it.

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