Staying in the same public sector contract after April 2017

[eek]

Really? He's only paid in arrears so he earned it prior to the legislation kicking in surely?

Yep the devil is in the detail and the test has to be applied to all payments made after April not work done after April...

That's one reason why the people I was talking to last week are escaping by the end of February - the test is due when the payment is made not when the work is done....

[northernladuk]

Yep the devil is in the detail and the test has to be applied to all payments made after April not work done after April...

That's one reason why the people I was talking to last week are escaping by the end of February - the test is due when the payment is made not when the work is done....

Feck me.. That's blows so hard it's not true..

That opens a massive can of worms that is going to catch everyone out. I find that very hard to believe.

[difficulttimes]

Feck me.. That's blows so hard it's not true..

That opens a massive can of worms that is going to catch everyone out. I find that very hard to believe.

I was telling this yesterday to a couple of contractors here and they were shocked and unaware. I'm sure 95% of the 20k contractors are also unaware of that as well as everyone is thinking it is work delivered after 6 April.

This information should have been sent to public sector bodies from HMRC but of course they have sent zero (from what I believe) and their tool is not ready until late Feb/early March (too late) so they are setting up thousands of people to fail and possible grief in the future... very unfair once again

[Andy Hallett]

Feck me.. That's blows so hard it's not true..

That opens a massive can of worms that is going to catch everyone out. I find that very hard to believe.

Believe it

[eek]

Believe it

Should I mention that its not known which payment is the one that needs to be tested?

Is it the one from the agency to the contractor or the big one from the public sector department to the agency?

[difficulttimes]

Should I mention that its not known which payment is the one that needs to be tested?

Is it the one from the agency to the contractor or the big one from the public sector department to the agency?

I assume the one from the agency to the contractor but how does that work with paying 'net'?

[eek]

I assume the one from the agency to the contractor but how does that work with paying 'net'?

There are 2 different things here:-

1) has the test been done
2) has the payment been done correctly.

Its the the test my mates are worried about because they suspect that puts a big target on themselves for the previous parts of that contract...

[difficulttimes]

There are 2 different things here:-

1) has the test been done
2) has the payment been done correctly.

Its the the test my mates are worried about because they suspect that puts a big target on themselves for the previous parts of that contract...

The test which is not mandatory nor can it be used in a tribunal right? haha So if you say you are outside IR35 will HMRC 'force' the end client to do the test? How else will the end client justify keeping them outside IR35.
Also, here is a thought - what about a contractor that has been unfairly put inside IR35? They take an alternative working practices test and it proves they aren't inside IR35 - where do they take this?

[LondonManc]

The test which is not mandatory nor can it be used in a tribunal right? haha So if you say you are outside IR35 will HMRC 'force' the end client to do the test? How else will the end client justify keeping them outside IR35.
Also, here is a thought - what about a contractor that has been unfairly put inside IR35? They take an alternative working practices test and it proves they are - where do they take this?

You're not suggesting that there are fundamental flaws in the implementation logic are you? Heaven forbid.

[difficulttimes]

You're not suggesting that there are fundamental flaws in the implementation logic are you? Heaven forbid.

I actually think the tool should be compulsory - you send a copy of that report to HMRC with whatever else. But HMRC know that people will figure out what the 'answers' to the questions should be to be outside IR35 and this will be shared and the end client will want to keep them so they are happy.

Epic fail for all of this comes to mind and it is the public sector that is hurt the most during a time dealing with BREXIT when you need contractors.