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April 2023 - same role but deciding you're outside now

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    April 2023 - same role but deciding you're outside now

    https://www.freelanceinformer.com/ne...rence-to-hmrc/

    Interesting article and some good points raised.....

    Its going to be hard to suddenly deem yourself outside IR35 when the client had previously (rightly or wrongly) deemed you inside....
    Rhyddid i lofnod psychocandy!!!!

    #2
    You think?

    As I've said elsewhere, I predict that quite a few blanket bans will remain in place.

    More generally, expect some degree of chaos.

    Comment


      #3
      Originally posted by jamesbrown View Post
      You think?

      As I've said elsewhere, I predict that quite a few blanket bans will remain in place.

      More generally, expect some degree of chaos.
      I expect more than some degree of chaos - it's going to be a complete mare for a lot of companies - but it's hard to know how things will play out as it will be on a sector by sector basis.

      Social care for one example is going to be fun and will instantly shift outside if agencies / end clients actually want to run a social care firm...

      What I do know is that HMRC are going to be doing everything they can to use the MSC legislation because they hate the chapter 8 version of IR35...
      merely at clientco for the entertainment

      Comment


        #4
        Originally posted by psychocandy View Post
        https://www.freelanceinformer.com/ne...rence-to-hmrc/

        Interesting article and some good points raised.....

        Its going to be hard to suddenly deem yourself outside IR35 when the client had previously (rightly or wrongly) deemed you inside....
        There is already a sticky in the correct part of the forum to cover this.

        https://forums.contractoruk.com/acco...5-changes.html
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          Originally posted by eek View Post
          I expect more than some degree of chaos
          British understatement

          Comment


            #6
            Regarding the MSC legislation, I agree, but there's also a good opportunity to pool a bunch of IR35 cases together for several years to come (people moving from outside to inside en masse at one client company), as well as pursuing the old Chapter 10 cases for the last two tax years and any Chapter 8 leads that follow that. In other words, they won't be materially hamstrung by Chapter 8 for a few years yet.

            Comment


              #7
              In other words, there is nothing about Chapter 8 that prevents pooling of cases if the working practices are sufficiently similar across the pool. That is true of Chapter 10 too. The advantage that comes from Chapter 10 is mainly the initial hook for the pool of similar cases and the reality that the client would give in pretty quickly, but that could largely happen across a bunch of Chapter 8 cases with some well posed nudge letters to the contractors involved.

              Comment


                #8
                Originally posted by jamesbrown View Post

                British understatement
                You mean Angela Merkel's favourite English word.
                "You’re just a bad memory who doesn’t know when to go away" JR

                Comment


                  #9
                  This just highlights the daftness of the whole thing though. My entire contracting life has been spent on implementations - by their nature these are limited duration projects. There has never been a risk of me sitting around on the same gig and changing status from in to out or out to in - because I am never there long enough, and yet I got hit by the widespread PSC bans.

                  Comment


                    #10
                    Originally posted by Peoplesoft bloke View Post
                    This just highlights the daftness of the whole thing though. My entire contracting life has been spent on implementations - by their nature these are limited duration projects. There has never been a risk of me sitting around on the same gig and changing status from in to out or out to in - because I am never there long enough, and yet I got hit by the widespread PSC bans.
                    Just because it's a limited duration project doesn't make a clear cut determination. Perms work on implementations as well. It's how you work on that implementation, not just the fact it's an implementation and limted duration.
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment

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