Similar role offered as Outside IR35

[Lance]

have the ones who joined recently received an SDS with an outside determination? Or are they possibly in for a nasty shock at the 90 day threshold?

[bbp]

Thanks all.

I never received an SDS. Only verbal communication as far as i can remember. The ones joined recently confirmed their contract is Outside IR35. Not sure if they got an SDS. I know their work is exactly same as mine but with some supervision as they joined mid project.

I think I'll just bring it up during the extension, if there is one, and see if and why my role needs to continue inside.

[cojak]

Thanks all.

I never received an SDS. Only verbal communication as far as i can remember. The ones joined recently confirmed their contract is Outside IR35. Not sure if they got an SDS. I know their work is exactly same as mine but with some supervision as they joined mid project.

I think I'll just bring it up during the extension, if there is one, and see if and why my role needs to continue inside.

Just don’t tell your contractor colleagues that you’ve done this or they’ll blame you if the end client suddenly puts them inside as well a week after your discussion.

[dranzer01]

Ive gone from inside to outside plenty of times. No issues my end that ive received or noticed. But of course, I prefer outside as I get paid more money.

[northernladuk]

Ive gone from inside to outside plenty of times. No issues my end that ive received or noticed. But of course, I prefer outside as I get paid more money.

People steal cars and they've not seen an issues or noticed... Until....

[simes]

Apologies up front if this is better understood and/or explained elsewhere but, I am guessing there is still no way for a contractor to open up a case post commencing the contract to prove that, contrary to the Inside decision, the contract should in fact be Outside?

This contrary to the HMRC's ability to do the same in previous times.

Thank you.

[eek]

Apologies up front if this is better understood and/or explained elsewhere but, I am guessing there is still no way for a contractor to open up a case post commencing the contract to prove that, contrary to the Inside decision, the contract should in fact be Outside?

This contrary to the HMRC's ability to do the same in previous times.

Thank you.

NI is paid for the period in which it is due (i.e. that week, that fortnight, that month).

I can't see any easy way of claiming it back and there aren't many very difficult ways...

[northernladuk]

Apologies up front if this is better understood and/or explained elsewhere but, I am guessing there is still no way for a contractor to open up a case post commencing the contract to prove that, contrary to the Inside decision, the contract should in fact be Outside?

This contrary to the HMRC's ability to do the same in previous times.

Thank you.

I can't see how you can do that. I believe you need to take it to the client if you have an issue but I think it's universally agreed this is not going to work. I can't see why HMRC would be remotely interested if the client has done an SDS and it's shown inside. It's up to the client and even if the factors point to outside the client can still dictate inside and there is nothing I can see that you can do about it. The client can just turn around and say no substitutes and you are done at the point anyway so also finding it difficult to find a situation where the client says inside but it's truly outside.

You'd have to pick some very real and detailed situations to investigate that because as a single line question it's a none starter.

[dranzer01]

People steal cars and they've not seen an issues or noticed... Until....

Ive been on inside IR35 contracts. Ive been on outside IR35 contracts. What correlation or causation are you saying that I should be seeing and/or would be pending?

[northernladuk]

Ive been on inside IR35 contracts. Ive been on outside IR35 contracts. What correlation or causation are you saying that I should be seeing and/or would be pending?

Which is totally different to what your original post said bearing in mind the context. We are talking about the risks of being on a contract that is inside and then the IR35 status just changes on the same contract. That is going from inside to outside that we are talking about.
Going from one gig that is inside to a completely different gig that is outside is not what we are talking about. That's not really going from inside to outside for all intents and purposes. It's getting a new gig with a different status which is totally irrelevant to this discussion.