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Experienced contractor and 'opting out'

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    #11
    Originally posted by NigelJK View Post
    Apparently I have to send an email stating that my company are happy to 'opt in to IR35'. I've sent an email stating clearly that we are not opting out. Waiting to see the response.
    FFS - it's nothing to do with IR35. If it were that simple, I'd choose to opt out or IR35 too.

    The fact that the agency don't even know what you are meant to be opting into is worrying.
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      #12
      Originally posted by NigelJK View Post
      Apparently I have to send an email stating that my company are happy to 'opt in to IR35'. I've sent an email stating clearly that we are not opting out. Waiting to see the response.
      OK, now I'm concerned. The Opt out and IR35 have absolutely nothing to do with each other. End of.

      Is this a Public Sectori gg and you're being stitched up by the Alexander review insisting that you prove you're paying the right amount of tax (whatever that means), or are you talking about opting out of the Agency Regulations (you can't opt in, you're in by default unless - and only unless - you and YourCo both declare you are opting out before the client knows who you are).
      Blog? What blog...?

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        #13
        Originally posted by TheFaQQer View Post
        FFS - it's nothing to do with IR35. If it were that simple, I'd choose to opt out or IR35 too.

        The fact that the agency don't even know what you are meant to be opting into is worrying.
        I had an agent from a different agency phone me up asking me if "I wished to opt-out of the conduct regulations".

        I asked the guy on the phone what these where and he explained that they were for IR35. I then asked him which exact law it was and he said IR35.

        He then sent an pre-filled email with the line "I agree to opt-out of the conduct regulations".

        Idiot.
        "You’re just a bad memory who doesn’t know when to go away" JR

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          #14
          It's clearly in the agents interest to have us opt out so they use IR35 as a bit of a scare tactic, those that don't know any better (i.e. me > 12 months ago) would easily be scared into opting out if we were led to believe being opted-in was to the detriment of our companies.

          Still makes me mad that they are being so devious (and also breaking the law IIRC?)

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            #15
            My last renewal was for a public sector body that was merging with others.

            So my extension essentially became a new contract with a new company.

            The agent phoned up saying "sorry, we'll have to get you to fill in all the stuff again"... I didn't mind that much until it came to the opt out.

            So when I questioned it "I've already met them, on site for ages" etc, he started waffling about opting out of IR35 blah blah, and I had a go at him, accused him of either not knowing anything about it or down right lying to get me to sign it.

            He took the massive hump, and I thought I'd maybe gone too far. He said, "ok I'll speak to my manager and see what he says".

            I didn't hear from again til the contract dropped in my inbox with no mention of opt out forms.

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              #16
              Originally posted by NigelJK View Post
              Apparently I have to send an email stating that my company are happy to 'opt in to IR35'. I've sent an email stating clearly that we are not opting out. Waiting to see the response.
              you have got to be kidding me
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                #17
                Cut and paste from the actual email telling me to reply:

                · You will be opting in to IR35

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                  #18
                  Originally posted by NigelJK View Post
                  Cut and paste from the actual email telling me to reply:

                  · You will be opting in to IR35
                  Being an experienced contractor you will know exactly how to deal with this then
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

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                    #19
                    Originally posted by NigelJK View Post
                    Cut and paste from the actual email telling me to reply:

                    · You will be opting in to IR35
                    Plonkers.

                    Ignore them.
                    Free advice and opinions - refunds are available if you are not 100% satisfied.

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