Originally posted by ladymuck
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Contract has been retrospectively declared inside IR35
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See You Next Tuesday -
Originally posted by Lance View PostWhat other recourse options are there for this?
Sue the agency?
What's to stop any customer shafting any supplier by simply deciding at the last minute before payment to 'declare it as inside' just to be total arseholes? Could a customer of WiPro for example do this, and if they did what would WiPro's recourse be?
There is presumably some wording in the legislation that limits when an SDS can even be used. I don't know the legislation very well (at all).
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Originally posted by Lance View Post
Indeed it's not their fault. But if my company has a contract to deliver services to the agency for a fee, and their client changes the terms of payment, it's only the agency my company can pursue for the missing payment.merely at clientco for the entertainmentComment
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Originally posted by eek View Post
Weekly payment doesn't solve anything if the end client changes your status 3 months later.
Likewise an initial SDS statement doesn't help - as that was covered by "the agency appeals the outside SDS statement" scenario HMRC discussed during the workshops.
Basically accept an outside IR35 role but be careful.
We really should check if Innoaccounts / Offpayroll have a flag for "determination changed to Inside IR35".
Good suggestion for Innoaccounts / Offpayroll. If lots of us suggest it to them they may add it?Comment
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Originally posted by ladymuck View Post
I thought the SDS had to be issued before first payment was made (hence my thoughts around weekly payments) but I had forgotten that a client may change their mind later.
Good suggestion for Innoaccounts / Offpayroll. If lots of us suggest it to them they may add it?merely at clientco for the entertainmentComment
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Originally posted by eek View Post
First payment from the end client to the agency, not first client from the agency to the contractor (which may be a factored payment on submission of invoice to end client).Comment
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