Outside role

[eek]

Supply chains are clearly under the impression that clawback clauses are important and will work (I think they're optimistic, but we'll see).

There needs to be someone with the cash available to ensure the first (sane, winnable) cases as far as possible to ensure the clauses are 100% shown to be illegal. My biggest concern is that the only people who may be in a position to fund such a case is IPSE and I don't think they have the money left to be able to do so (or worse won't support any early case for someone who isn't already a member).

Otherwise we will be left in a situation like being outside Agency Regulations where no one has a clue if they really are or not and agencies use that grey area to continue to abuse things.

Remember one reason why Agencies love umbrellas is because it allows them to claim to be outside the regulations which they cannot do if you are on agency payroll.

[eek]

Hmmm what a muddle. Rightly or wrongly I assumed if a client makes an outside determination then there is no risk that the contractor can find themselves on the hook for taxes ...as they had no part in the decision whatsoever ...simple as that...if there is an SDS done and contract states role is outside IR35 surely the contractor can’t take the hit if client got it wrong...that’s common sense ...if they can then it’s very difficult to see where you can take an outside role workout this potentially happening albeit you had no say in the determination....I get it that HMRC would want the taxes if it’s wrong and they don’t care who’s pocket that comes out of...hey ho! Maybe permie looking a better option ....☺️

There is 1 other thing to point out.

You are posting a question on a forum where 2 posters (JamesBrown and me) are more aware of the situation than probably anywhere else who hasn't made IR35 their full time job (and even then I suspect I know more than most full time IR35 "experts" when it comes to this niche area).

So the chances are that an outside IR35 contract really won't have any issues but you need to go in with your eyes open:-

1) Ensure you have a SDS determination that says outside
2) ensure you keep the contract outside by operating as a consultant / specialist not an employee. Remember to emphasis that it's in the interest of the client that you don't do XYZ if pushed to do things that make you into an employee.
3) Don't go mad and spend every penny...

And an inside IR35 contract isn't a big disaster - use them to top the pension up - the only issue is if every contract you get is inside IR35 and you have little savings.

[Cookielove]

Thanks Eek and Jamesbrown !