Advice on outside IR35 but first payments have TAX&NI deducted

[eek]

Thanks eek , that is the most serious consideration at the moment , I feel like they cannot be trusted to run this correctly either inside or out. As mentioned this is a new client for the agency and vice versa, I am inclined to think this agency normally balls things up or cover things up rather then this just being simple teething issue.
First time I have used them or even heard of them so in the dark on their practices...

Nope, my opinion would be that they are outright lying to you in the hope that you just give in and stay.

[northernladuk]

Nope, my opinion would be that they are outright lying to you in the hope that you just give in and stay.

+1. That's what my money is on. The role is inside without a doubt so don't see how they can be doing anything else at this point.

I'd be having a good chat with the client on the way out the door about this carry on as well. They may not be aware they are being let down as badly as this by their agent.

[jayjay69]

+1. That's what my money is on. The role is inside without a doubt so don't see how they can be doing anything else at this point.

I'd be having a good chat with the client on the way out the door about this carry on as well. They may not be aware they are being let down as badly as this by their agent.

Oh yes that's a definite.....

[Bluenose]

Looks like multiple projects so you are correct HMRC would see this as inside.

If you have been contracting outside of IR35 for a long time, I would return the money and would cease working until this is sorted out.

[jayjay69]

If you have been contracting outside of IR35 for a long time, I would return the money and would cease working until this is sorted out.

Luckily only four weeks in ,two payments so far with tax/NI taken....

[jayjay69]

Well true to form my pay for this week does have tax and NI removed, which is great in the respect I won't be attracting the attention of HMRC.
I have a week left to complete this place, the client is going ape because I have gave notice but they are going after the agency after I explained the situation, the agent is feeding me BS stating that next weeks payment will not have any deductions etc and then blaming myself for causing a client/agent trust issue after it took him years to land this contract, I basically told him to do one and jog on, the fault lies with him and not myself.
I told the client that i have just received my BPSS clearance so considering I had to provide all background details truthfully and honestly how can I work with an agency that has lied or covered up? Or how could they as a client?
The cherry on the cake is now the only surviving permie guy has been offered a potential role from his mate so he could be off in four weeks.
The client has asked me if I could stop on to assist but I have point blank refused to work through that agency. One option is to invoice direct but this is such a s H1T show I just want to move on plus the fact I will certainly be involved in BAU stuff which will affect the 35 status.

[eek]

Well true to form my pay for this week does have tax and NI removed, which is great in the respect I won't be attracting the attention of HMRC.
I have a week left to complete this place, the client is going ape because I have gave notice but they are going after the agency after I explained the situation, the agent is feeding me BS stating that next weeks payment will not have any deductions etc and then blaming myself for causing a client/agent trust issue after it took him years to land this contract, I basically told him to do one and jog on, the fault lies with him and not myself.
I told the client that i have just received my BPSS clearance so considering I had to provide all background details truthfully and honestly how can I work with an agency that has lied or covered up? Or how could they as a client?
The cherry on the cake is now the only surviving permie guy has been offered a potential role from his mate so he could be off in four weeks.
The client has asked me if I could stop on to assist but I have point blank refused to work through that agency. One option is to invoice direct but this is such a s H1T show I just want to move on plus the fact I will certainly be involved in BAU stuff which will affect the 35 status.

Thanks for the update - and good luck finding something else.

Being blunt you've been more generous to the end client and agency than anyone else here would have been, so well done.

[Sub]

I have a week left to complete this place, the client is going ape because I have gave notice but they are going after the agency after I explained the situation

Thank you for the update.

Just to confirm, did client given agency this contract as Inside IR35 one or it was not determined?

Do you know if SDS was issued by client at all?

[northernladuk]

Just to confirm, did client given agency this contract as Inside IR35 one or it was not determined?

Third line of the very first post

Deemed inside IR35 until a week before starting ,agency said good news now deemed outside and this is stipulated on contract.

Do you know if SDS was issued by client at all?

Asked in post 2 and 3 and answered in the 4th post.

[Sub]

Third line of the very first post

I know it is tempting to conclude that one is unable to read the thread , but let me expand.

In the first post OP mentioned that it was "deemed inside IR35 until a week before", without mentioning who and how have done it, but reading rest of the post and whole thread - it feels that this initial message was coming from agent. In light that now issue was discussed with client directly, there is possibility that it is now known how client have instructed the agent in the first place. Hence the question.

Yes, we know that SDS was not provided to OP by agent, however in post #21 it was mentioned, that agent said that "client should have provided" OP with SDS. In light that now issue was discussed with client directly, there is possibility that it is now known if client have actually created the SDS at all. Hence the question.