Staying in the same public sector contract after April 2017

[NHS1979]

That just sounds so wrong.....

It's education for the PSB - they have no idea what IR35 is - they don't even know what taxes contractors pay. For them all they care about is not crippling important projects by losing good people through something perceived as an external change. They will need to know what they would have to do to make a role outside-IR35 and so get or keep the people they want. Substitution and the rest will be news to them.

I'm now thinking if they run the tool, print the answers and sign it - and sign a written statement of compliant working practices- and it all shows me outside IR35 then I will stay as sounds like the retro risk is greatly reduced, which is my only concern.

[MrMarkyMark]

It's education for the PSB - they have no idea what IR35 is - they don't even know what taxes contractors pay. For them all they care about is not crippling important projects by losing good people through something perceived as an external change. They will need to know what they would have to do to make a role outside-IR35 and so get or keep the people they want. Substitution and the rest will be news to them.

I'm now thinking if they run the tool, print the answers and sign it - and sign a written statement of compliant working practices- and it all shows me outside IR35 then I will stay as sounds like the retro risk is greatly reduced, which is my only concern.

It may be reduced in that you may not face paying the retro tax.
However, it won't stop HMRC possibly being over you like a rash and carrying out a long investigation, which will still prove very stressful.

[seeourbee]

This is starting to sound like Project Fear

[northernladuk]

It's education for the PSB - they have no idea what IR35 is - they don't even know what taxes contractors pay. For them all they care about is not crippling important projects by losing good people through something perceived as an external change. They will need to know what they would have to do to make a role outside-IR35 and so get or keep the people they want. Substitution and the rest will be news to them.

I'm now thinking if they run the tool, print the answers and sign it - and sign a written statement of compliant working practices- and it all shows me outside IR35 then I will stay as sounds like the retro risk is greatly reduced, which is my only concern.

Sorry but this sounds like a turd polishing exercise to me and would expect the a level of risk to suit. They are clearly going to treat you like a permie so coaxing them into ticking a few boxes to make you feel warm and cuddly isn't going to change much. Why on earth are you sticking around exposing yourself to this level of risk? Doesn't sound like they want a contractor or that you are a contractor so inside is the right choice here surely?

If things are this bad you've got to do this now what are your long term plans? Stick it out until you get caught?

Having a bit of manufactured paperwork from a client that doesn't understand to protect you from some massive penalties is cutting it fine.

[Bluenose]

That just sounds so wrong.....

This thread reads like a swamp is about to be drained. I can't believe some of the posts in this area of the forum.

If your agent or supplying consultancy is using the questionnaire to draft you a revised contract you are already doomed.

[northernladuk]

This thread reads like a swamp is about to be drained. I can't believe some of the posts in this area of the forum.

If your agent or supplying consultancy is using the questionnaire to draft you a revised contract you are already doomed.

Aye. You'd think so wouldn't you.

[LondonManc]

Take out insurance and get a private sector gig?

Yes, because the market is dripping with them.

If you're currently outside, the determination by the PSB is outside, your working practices and contract are both deemed outside and you have QDOS or similar IR35 insurance, I don't see the problem. You are absolutely top of the tree and there are thousands of contractors who will be low-hanging fruit.

The low-hanging fruit will be:
1/ Those that were outside and are now inside; same gig. HMRC will perceive it as high reward, given the potential for retrospective tax.

2/ Brand new outside; quick prod to check that working practices and contract are compliant with the determination.

Unless they're going to take extra staff on, they will be busy with those for years, particularly the type 1s.

[MrMarkyMark]

Yes, because the market is dripping with them.

If you're currently outside, the determination by the PSB is outside, your working practices and contract are both deemed outside and you have QDOS or similar IR35 insurance, I don't see the problem. You are absolutely top of the tree and there are thousands of contractors who will be low-hanging fruit.

The low-hanging fruit will be:
1/ Those that were outside and are now inside; same gig. HMRC will perceive it as high reward, given the potential for retrospective tax.

2/ Brand new outside; quick prod to check that working practices and contract are compliant with the determination.

Unless they're going to take extra staff on, they will be busy with those for years, particularly the type 1s.

The interesting part about this is, surely by doing this they will be admitting some kind of liability?
Almost turning themselves in, if you like

[LondonManc]

The interesting part about this is, surely by doing this they will be admitting some kind of liability?
Almost turning themselves in, if you like

Heads. In. Sand.

They won't know what it means in terms of the potential retrospective.

[pscont]

Yes, because the market is dripping with them.

If you're currently outside, the determination by the PSB is outside, your working practices and contract are both deemed outside and you have QDOS or similar IR35 insurance, I don't see the problem. You are absolutely top of the tree and there are thousands of contractors who will be low-hanging fruit.

The low-hanging fruit will be:
1/ Those that were outside and are now inside; same gig. HMRC will perceive it as high reward, given the potential for retrospective tax.

2/ Brand new outside; quick prod to check that working practices and contract are compliant with the determination.

Unless they're going to take extra staff on, they will be busy with those for years, particularly the type 1s.

Regarding 2, why would you care? Liability is with the agency if it goes tits up.