Currently negotiating a contract and the agent (who I don't think is a member of REC or APSCO) are trying to play hardball over opting out. I like the role, it's a good rate, close to home and long term. I do not wish to opt out. If it wasn't a good role, I would have told him to p off already.
I am getting the usual lies from them (I've been contracting for decades so it's like water off a duck's back) but for two points I need to shoot them down over (Point 2 being the biggest) ...
1. They claim the PCG advises that opting out is a pointer in your favour with regards to IR35. The PCG guidance does state that but it does not state that not opting out is a pointer to inside IR35. This one I can deal with.
2. I read all over the fora and the web that the 'consensus of opinion' is that not opting out is neutral as far as IR35 is concerned and I am sure that I read that is HMRC's published view also. The sticky is 37 pages of opinion, counter opinion, argument, misunderstanding, PCG advertising/bashing. Trying to re-familiarise myself with it to answer the question, by page 9 I was ready to rip my own eyeballs out with a ballpoint!!! I am not interested in the consensus of opinion. I want to hit him with facts.
Can anyone point me in the direction of any HMRC advice/FAQ on the matter? I have trawled their site but cannot find anything and google turns up nothing relevant.
This particular agent is more of a spcialist s/w house (PMO suites) than an agent so it is likely that they understand absolutely nothing about it and are simply repeating the lawyer's mantra. I do doubt that though because the MD is either repeating it verbatim or he knows what he claims is bull.
In any event, I have already been introduced so any opt out would be invalid, but he either doesn't know this or he thinks everyone who is not an agent is stupid. It would just be nice to go back to him quoting HMRC saying the opposite of his lawyers
I am getting the usual lies from them (I've been contracting for decades so it's like water off a duck's back) but for two points I need to shoot them down over (Point 2 being the biggest) ...
1. They claim the PCG advises that opting out is a pointer in your favour with regards to IR35. The PCG guidance does state that but it does not state that not opting out is a pointer to inside IR35. This one I can deal with.
2. I read all over the fora and the web that the 'consensus of opinion' is that not opting out is neutral as far as IR35 is concerned and I am sure that I read that is HMRC's published view also. The sticky is 37 pages of opinion, counter opinion, argument, misunderstanding, PCG advertising/bashing. Trying to re-familiarise myself with it to answer the question, by page 9 I was ready to rip my own eyeballs out with a ballpoint!!! I am not interested in the consensus of opinion. I want to hit him with facts.
Can anyone point me in the direction of any HMRC advice/FAQ on the matter? I have trawled their site but cannot find anything and google turns up nothing relevant.
This particular agent is more of a spcialist s/w house (PMO suites) than an agent so it is likely that they understand absolutely nothing about it and are simply repeating the lawyer's mantra. I do doubt that though because the MD is either repeating it verbatim or he knows what he claims is bull.
In any event, I have already been introduced so any opt out would be invalid, but he either doesn't know this or he thinks everyone who is not an agent is stupid. It would just be nice to go back to him quoting HMRC saying the opposite of his lawyers
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