November Budget - Stop Public sector IR35 rules coming into the Private sector

[MrMarkyMark]

Never understood the problem of being a contractor with a client for a number of years. I know many companies that have long standing relationships with client, suppliers etc. Obviously, if they act like an employee then that's different but not sure why the number of years has anything to do with it.

Totally agree.

However in conjunction with the other examples I have mentioned it would be another factor.
I know, for a fact, it would be mentioned in the case of an HMRC IR35 investigation.

[Big Blue Plymouth]

That would be extremely unfair - you cannot have an organisation deem you to be out and then retrospectively in. I doubt that'd hold water in court.

Won't you be left to prove a negative?

That's why I keep a record of everything that points away from my being a disguised employee.

[Eirikur]

The best thing of being inside IR35 is that we can get normal mortgages again

[TheFaQQer]

That would be extremely unfair - you cannot have an organisation deem you to be out and then retrospectively in. I doubt that'd hold water in court.

The bank didn't deem you outside - your limited company did. The bank is merely correcting the determination.

Or at least that's how HMRC would see it. It wouldn't be an automatic inside judgement, particularly if the inside determination is made using CEST (which doesn't follow case law), but it would be a fight that requires lots of good legal representation to be successful.

[mattfx]

been at a bank for the last 5 years outside IR35, Bank declares everyone inside as they will - HMRC Rubs hands and puts you at the top of the list

That would be extremely unfair - you cannot have an organisation deem you to be out and then retrospectively in. I doubt that'd hold water in court.

[mattfx]

I think if you spent a number of years at client site continually, without any gaps it looks more and more like disguised employment, especially when you inevitably get involved in the BAU support of whatever project you last delivered, before looking at planning / implementing the next one.

From the scenes my friend described most of the contractors seem to act more like employees.

[tarbera]

easy pickings

Just throwing a little curveball into the mix here...

If these proposals are in the Chancellor's autumn budget statement I'd just like to point out that that this cloud does have a silver lining.

You know all those suspect contracts you did over the last 7 years that keep you awake at night because you aren't really sure if you were inside or outside of IR35?

Worried about a knock on the door?

Well, I'm sure once the new rules have been brought into the public sector & everyone's getting clobbered, they're not going to waste time and money on investigating people anymore are they?

been at a bank for the last 5 years outside IR35, Bank declares everyone inside as they will - HMRC Rubs hands and puts you at the top of the list

[PokemonStay]

Just throwing a little curveball into the mix here...

If these proposals are in the Chancellor's autumn budget statement I'd just like to point out that that this cloud does have a silver lining.

You know all those suspect contracts you did over the last 7 years that keep you awake at night because you aren't really sure if you were inside or outside of IR35?

Worried about a knock on the door?

Well, I'm sure once the new rules have been brought into the public sector & everyone's getting clobbered, they're not going to waste time and money on investigating people anymore are they?

The changes will be retrospective. Back to 1997.

HTH

[Pip in a Poke]

Just throwing a little curveball into the mix here...

If these proposals are in the Chancellor's autumn budget statement I'd just like to point out that that this cloud does have a silver lining.

You know all those suspect contracts you did over the last 7 years that keep you awake at night because you aren't really sure if you were inside or outside of IR35?

Worried about a knock on the door?

Well, I'm sure once the new rules have been brought into the public sector & everyone's getting clobbered, they're not going to waste time and money on investigating people anymore are they?

[mattfx]

I should also add the reason they are getting rid of these guys is they are paramount to why the Client Co is having issues now.

All on rates upwards from £800 to almost £1K a day.

I have submitted my CV

Yep - it's a joke really; PM me with the clientco name - I'll undercut them by half and still be up