Originally posted by malvolio
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QDOS IR35 Cover?
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Last edited by kal; 30 July 2013, 13:37. -
Originally posted by kal View PostI have PCG+ membership and am pretty happy with it but like people have said the QDOS cover pays out if you lose as well as fighting your case whereas the PCG policy only ticks the 2nd box...
And there are other providers as well. None of whom have ever paid out on such a policy...Blog? What blog...?Comment
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Just to add to what I said previously, I think that even if you are blatently IR35 caught, you can still use QDOS cover to protect yourself and not pay IR35. That QDOS uses the fact that HMRC investigates few cases and wins even fewer means that they can still make money whilst at the same time paying any back tax + penalties etc even if HMRC (perhaps correctly) think you are inside IR35.
I think what it does not cover is when you are already under investigation by them.Comment
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Originally posted by KentPhilip View PostJust to add to what I said previously, I think that even if you are blatently IR35 caught, you can still use QDOS cover to protect yourself and not pay IR35. That QDOS uses the fact that HMRC investigates few cases and wins even fewer means that they can still make money whilst at the same time paying any back tax + penalties etc even if HMRC (perhaps correctly) think you are inside IR35.
I think what it does not cover is when you are already under investigation by them.Blog? What blog...?Comment
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Originally posted by malvolio View PostSo what you are saying is you want to buy insurance to pay off an illegal activity if you get caught...Comment
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Originally posted by malvolio View PostSo what you are saying is you want to buy insurance to pay off an illegal activity if you get caught...
Insurance is there to protect you from any number of things, including action by the state, so I don't see a problem using insurance to eliminate the risk of IR35.Comment
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Originally posted by KentPhilip View PostIf you get caught by IR35 you haven't done anything illegal. Unless you deliberately try to falsify information provided to the revenue (in which case you might be jailed for fraud or tax evasion). This is because IR35 status is always only an opinion - they can't prove you have made a materially false statement that you are out when you are actually in, because there's nothing concrete in the rules.
Insurance is there to protect you from any number of things, including action by the state, so I don't see a problem using insurance to eliminate the risk of IR35.
I'm not biased either. My position has always been that you should know the rules, do the best you can to put yourself outside IR35 and have good representation if you need it: I don't care where it comes from but IMVHO the PCG Plus deal is commercially the best option: you may disagree but you would struggle to justify it on a cost basis.
However, penalties and tax payment cover is simply a waste of money. Again, IMVHOBlog? What blog...?Comment
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Originally posted by KentPhilip View PostIf you get caught by IR35 you haven't done anything illegal. Unless you deliberately try to falsify information provided to the revenue (in which case you might be jailed for fraud or tax evasion). This is because IR35 status is always only an opinion - they can't prove you have made a materially false statement that you are out when you are actually in, because there's nothing concrete in the rules.
Insurance is there to protect you from any number of things, including action by the state, so I don't see a problem using insurance to eliminate the risk of IR35.
If I worked as a permie for Company X then took redundancy and came back as a contractor two months later doing the same job I would be clearly within IR35.
This kind of scenario was what the law was originally intended for."You’re just a bad memory who doesn’t know when to go away" JRComment
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Originally posted by SueEllen View PostHmmm no.
If I worked as a permie for Company X then took redundancy and came back as a contractor two months later doing the same job I would be clearly within IR35.
People are only convicted when they do things that are provably wrong, such as failing to declare income at all etc.Comment
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