Staying in the same public sector contract after April 2017

[Andy Hallett]

Devils advocate:

You [contractor] get an outside determination on your current gig past April. Surely that provides decent cover for your arse for all previous / moves you up the fruit tree?

Maybe switching is the trigger to look back?

[NHS1979]

If you are leaving at the end of March some of your payments COULD be in scope. Sounds like your agency is one of the few that gets this.

Payments will all clear before 5th April, so not sure what the agency is expecting the client to do, and likewise I am spooked at their assurance it won't red flag me to HMRC as they will never know...

[jamesbrown]

Devils advocate:

You [contractor] get an outside determination on your current gig past April. Surely that provides decent cover for your arse for all previous / moves you up the fruit tree?

Maybe switching is the trigger to look back?

Doubtful, because it's unfocused (i.e. all PS contractors leaving before April for whatever reason), whereas the reverse is focused (i.e. contracts that were previously claimed outside are suddenly designated inside, without a change in WP... :hrmcbanana). Also, unless you can get an outside determination ASAP, I'm not sure of the practical value of this speculation. Are you seeing many contracts being designated outside? Is that happening now, because the contractor should be deciding now (actually, some are too late already)?

[Andy Hallett]

Payments will all clear before 5th April, so not sure what the agency is expecting the client to do, and likewise I am spooked at their assurance it won't red flag me to HMRC as they will never know...

If the payments are made to you by that date, all good.

HMRC will only know via the RTI they have been receiving for last 2 years. Can't imagine they've done much with that!

[NHS1979]

If the payments are made to you by that date, all good.

HMRC will only know via the RTI they have been receiving for last 2 years. Can't imagine they've done much with that!

But if I'm on a list saying I'm outside IR35 at organisation x, through agency y, and am leaving end of March, then having a message go back to HMRX on RTI saying I am inside IR35 is a red flag isn't it? I could strangle the agency - just let me get out with no ruling and woukd have been happy!

[Andy Hallett]

But if I'm on a list saying I'm outside IR35 at organisation x, through agency y, and am leaving end of March,

What is this list you speak of?

Every payment submitted through RTI is currently gross.

[Andy Hallett]

then having a message go back to HMRX on RTI saying I am inside IR35 is a red flag isn't it?

Yes.

[Andy Hallett]

I could strangle the agency - just let me get out with no ruling and woukd have been happy!

An outside ruling would be best......

[seeourbee]

Can't believe my phone has been sending me so many alerts from this thread on Valentines night !

[NHS1979]

Yes.

So how do contractors on assignments till end of March escape this IR35 determination stuff before they leave? The agency concerned has already emailed the client - I do not want something going back to HMRC saying I am inside IR35. The agency will have no one in this role come April so why do it? Am stressed by this