Do you think you will be investigated ?

[VectraMan]

Do your chances increase/decrease according to their potential take from an investigation?

I can't imagine any of the takes outweigh the cost to HMRC, so if they were looking at "profit" they'd never investigate anyone.

If there is a pattern, then there's no guarantee that it won't change. A future goverment could decide to pour enough resources into it to investigate everyone.

[Denny]

I'm not sure what you are really asking here. Do you mean, will you be investigated or will you be able to handle an investigation successfully?

I don't worry about it, and think my chances of being investigated are slim unless there are glaring errors in my tax returns. I think there is a greater chance of being investigated than before, no matter how slim. I could also handle an investigation if it came right down to it but would do everthing possible to ensure that they had no substance to their claims.

If there is the faintest chance I might be ir35 caught because the working practices weren't kosher, then I would either leave immediately (as I did recently with my last gig. Or if the terms weren't kosher, I'd still take a well paying gig, but ensure upfront as many rights and protections as possible, with long notice periods both sides, opting in, use of the staff facilities, clock up loads of legit expenses and ensure that I got out as soon as a proper exempt gig came up. This is far better than acting as if outside but knowing you're likely to be inside and just denying yourself basic rights like notice periods and so on or opting out in the hope that the pendulum might swing in your direction - chances are greater now that they won't if RoS and MOO aren't nailed down properly. You just get the worst of both worlds that way.

I'd rather have peace of mind than take the 'heads buried, I hope they don't notice' approach.

One thing is for sure though, the days of relying on 'ir35 friendly contracts' are, since these recent two losses, now much more recognised as the meaningless pieces of paper they are - as I've always claimed they were.

[AtW]

Denny, if you had this choice what would you do:

1) work in contract A that has got IR35 risk and you are boss of sasguru.
2) work in contract B without IR35 risk but your boss would be sasguru.

[Denny]

Denny, if you had this choice what would you do:

1) work in contract A that has got IR35 risk and you are boss of sasguru.
2) work in contract B without IR35 risk but your boss would be sasguru.

2 definitely, because Sasguru would not be my boss, he'd be my client and I'd work from home as much as possible to avoid him.

1 is untenable on the ir35 front, but even so I'd terminate Sas' engagement immediately on the basis that he was a super geek who could only communicate in stats.

[AtW]

I'd terminate Sas' engagement immediately on the basis that he was a super geek who could only communicate in stats.

Don't be too hard on him though - he might cry

[Denny]

Don't be too hard on him though - he might cry

I'm expecting a flurry of tit for tat posts tomorrow from Sas with others joining in about how awful it would be to have me as a either client or contractor, and what they would do if that were so. eyes

Of course, I could be wrong, after all, the CUK are full of nice huggy feely touchy people who don't want to upset anyone.....:

[BrowneIssue]

Of course, I could be wrong, after all, the CUK are full of nice huggy feely touchy people who don't want to upset anyone.....:

TPD

But here you're in General so ...

HTH

[BrilloPad]

one year I got notified of 4 investigations in 2 weeks! my accountant was on holiday so I heard them all at once!

passed with flying colours...

[pisces]

What worries me is that I'll get investigated 5 years down the line when I've forgotten all about what I was doing on this contract.

Most of the cases we hear about now seem to invlove cases from 5-7 years ago. Consider the 2 year average case it seems they normally come after knocking 3-5 years

[sasguru]

2 definitely, because Sasguru would not be my boss, he'd be my client and I'd work from home as much as possible to avoid him.

No you wouldn't. Most of my female staff fall for my charms