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

[SueEllen]

I thought it was a little ambiguous on that. I couldn’t tell whether the second paragraph was talking about the private sector rollout or additional rules in the PS (in terms of not rushing). I assume it’s the former, in which case a consultation, followed by implementation in 2019, does seem to be what they’re alluding to.

So we should all complete the consultation and ask for the Taylor report recommendations to be implemented and nothing else. That would mean we can easily be exempt though we would need to pick our words carefully to help ensure it happens.

[Guesstimator]

Edited for clarity (I hope)

Cheers dude, that's gone into my thick skull now.

[TheFaQQer]

Not being nitpicky and I get the gist but it's a bit ...confusing...

Edited for clarity (I hope)

[Big Blue Plymouth]

HMRC must prove all three are present.

ISTR something wrt to expenses in that it was an AND rather than an OR of all three to be eligible to claim.

I guess that was one of their lame proposals that bit the dust.

[Guesstimator]

HMRC must prove all three are present.

Not being nitpicky and I get the gist but it's a bit ...confusing...

I'm being dense, that's all.

[Swamp Thing]

Forgive me, struggling to get my head around that...is it worded correctly?

HMRC must prove all three are present.

[Guesstimator]

As long as you can prove one of the three criteria is absent (lack of SDC, lack of MoO, presence of RoS) then you are outside. HMRC must prove all three.

Forgive me, struggling to get my head around that...is it worded correctly?

ETA, I mean I'm being thick

[TheFaQQer]

Sorry if I'm missing something here but have they redefined the rules surrounding IR35?

No, they have not.

I thought if you could prove anyone of the 3 criteria (MOO etc) you were outside. Not the reverse of that.

As long as you can prove one of the three criteria is absent (ie you can prove a lack of SDC OR lack of MoO OR presence of RoS) then you are outside. HMRC must prove all three (ie you do not have an RoS AND you have MoO AND you are subject to SDC).

[Pip in a Poke]

And that HMRC have admitted does not even check for one of the three pillars of employment, it just assumes that it is always there.

Sorry if I'm missing something here but have they redefined the rules surrounding IR35?

I thought if you could prove anyone of the 3 criteria (MOO etc) you were outside. Not the reverse of that.

[TheFaQQer]

Worth pointing out that CEST was late (and unfinished) due the fact that the Contractors working on it down tools and left.

And that HMRC have admitted does not even check for one of the three pillars of employment, it just assumes that it is always there.