• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

HMRC Q&A on IR35 on ContractorUK

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    HMRC Q&A on IR35 on ContractorUK


    https://www.contractoruk.com/news/00...ing_rules.html


    "Some contractors have been concerned that HMRC will open investigations into previous tax years if the off-payroll working rules apply and they are found to be employed for tax purposes.

    HMRC has already committed to not using information resulting from the changes to the rules to open a new compliance check into Personal Service Companies for tax years prior to 6 April 2021, unless there is reason to suspect fraud or criminal behaviour. This commitment is set out clearly in our guidance.

    In addition to this commitment, and in response to the review, HMRC announced that it will take a ‘light-touch’ approach to penalties and customers will not have to pay penalties for inaccuracies relating to off-payroll in the first year, except in cases of deliberate non-compliance. We don’t want to charge penalties, we just want to help organisations get the rules right".

    also

    "We have been working with engagers to make sure they assess their contractors correctly. While it’s reasonable for large numbers of people in similar roles to have similar arrangements, we’ve been clear that engagers must not make blanket assessments and the legislation requires that those making determinations take reasonable care. All decisions need to be based on an individual’s contractual terms and actual working arrangements".

    Worth a read.

    It would be a lot easier if "HMRC" just joined this forum.

    #2
    Yes, moderating that thread would be a breeze..
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
    - Voltaire/Benjamin Franklin/Anne Frank...

    Comment


      #3
      This has been in the guidance for a while.

      Originally posted by saptastic View Post
      https://www.contractoruk.com/news/00...ing_rules.html

      unless there is reason to suspect fraud or criminal behaviour. This commitment is set out clearly in our guidance.
      From what I remember, HMRC are not exactly clear as to how they 'suspect fraud'. You could argue, operating outside when you are inside is fraud so on that basis, HMRC can do what they like

      Comment


        #4
        Originally posted by MonkeysUncle View Post
        This has been in the guidance for a while.



        From what I remember, HMRC are not exactly clear as to how they 'suspect fraud'. You could argue, operating outside when you are inside is fraud so on that basis, HMRC can do what they like
        Yeah fraud in this context is very vague.

        Comment


          #5
          Originally posted by saptastic View Post

          It would be a lot easier if "HMRC" just joined this forum.
          Oh I'm more than sure they are here already.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Originally posted by northernladuk View Post

            Oh I'm more than sure they are here already.
            To be honest, I always thought you were a secret tax inspector. All this ask your accountant to try and get people to seek official advice.

            Comment


              #7
              Originally posted by MonkeysUncle View Post

              From what I remember, HMRC are not exactly clear as to how they 'suspect fraud'. You could argue, operating outside when you are inside is fraud so on that basis, HMRC can do what they like
              Indeed. The definition of fraud says 'wrongful or criminal deception intended to result in financial or personal gain' so if your client says no substitution now get on with this piece of work here then claiming outside when you've got a pretty good idea you are inside fits the definition perfectly. Ignorance is not a defence either so even if you 'think' you are outside because you couldn't be bothered understand IR35 then you are committing fraud.
              Taking ignorance out of the equation then many many things could be considered fraud.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #8
                Originally posted by saptastic View Post

                To be honest, I always thought you were a secret tax inspector. All this ask your accountant to try and get people to seek official advice.
                Bearing in mind the level of incompetence and stupidity at HMRC you'd expect their staff to be no different so you need to be looking at PC or JtB to uncover the mole.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  Originally posted by northernladuk View Post


                  Taking ignorance out of the equation then many many things could be considered fraud.
                  Like HMRC's implementation of IR35!
                  Always forgive your enemies; nothing annoys them so much.

                  Comment

                  Working...
                  X