IR35 contract deemed inside

[Paralytic]

I am taking it with a pinch of salt...I am not assured at all that it won't be retrospective if you stay at same client doing same role...

Respond to the agency saying you'll therefore presume that they'll be ok with you adding an indemnity clause to your contract, that they will take liability for any future taxes relating to the contract for the next 7 years, and see what they say.

[LetterBox]

Hi,

I am sure this has been asked before but if my contract is now deemed to be inside as of 6 April what happens about the time I have already spent here is that deemed to be also in retrospectively?

My options are go PAYE, umbrella or leave?? No rate increase...

Agency not offering any increases.

Any advice?

Thanks

The answer is nobody knows, there is a risk, and the majority think it's not that low, for various reasons. For most it seems their current contract can be ditched to remove this particular risk, this is helped by also being offered no uplift in rates (some rates are dropping for reasons already discussed at length in other threads). So you'd need to REALLY love your situation right now to stay, as you'd ideally want to leave to remove this risk, a lower effective income certainly helps this decision.

Once you leave, you may find you're only be able to obtain this lower effective income, but at least you will have removed the risk, the logical course of action is to leave.

You could stay on (INSIDE / Umbrella etc) and mitigate the risk by explaining to the client the situation and help them define the role they would like and for them to make a determination on that. You can then control the narrative, if they say the role they have created is inside, you then have the option to accept that role INSIDE knowing that you have constructed it to be as far from your current role / WP / contract as possible / reasonable.

As we are at the end of January it may be a little late in the day for defining the new role etc (or they may just refuse), in that case if you are deemed inside, put in an appeal and leave. Else accept and take on board the risk. If there is no warchest to fall back on then do not be forced financially into taking this risk and look for another opportunity now. Pro-active wins the day.

[Cookielove]

Thanks Letterbox for your very helpful post ...much appreciated!

[BR14]

and stock up on loperamide.