Originally posted by jamesbrown
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Staying in the same public sector contract after April 2017
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The greatest trick the devil ever pulled was convincing the world that he didn't exist -
Originally posted by LondonManc View PostJust between the grown ups, I'm assuming that you think the "doing similar things" part is important; i.e., there's merit to being a specialist brought in to deliver/support something, if the client doesn't have that skill already?Comment
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Originally posted by jamesbrown View PostI don't think that will be part of the initial determination about whether the rules apply to a private sector company that supplies a PS client. Rather, that will be part of the secondary test about whether IR35 applies, in which case a specialist that delivers something outside of BAU would be in a much stronger position, of course (assuming the PS client wants to play ball). However, it does give a sense of the arrangement in which PC finds himself. On the one hand, he states that the consultancy is delivering a "fully outsourced service", but on the other hand he says many things that appear to contradict this - hence my question about whether he's a BoS contractor alongside other BoS contractors and perm staff doing similar things. In that case, it isn't going to be a "fully outsourced function", i.e. his consultancy is acting as a body shop, essentially.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
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Originally posted by LondonManc View PostThanks. Is there anything in the examples (I've not seen anything myself) which covers associate relationships? It's an engagement model that a couple of clients have used when working directly with them as a true B2B model, proper B2B engagement terms, payment up to 56 days, etc.Comment
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Originally posted by jamesbrown View PostNot that I recall. The illustrations are terribly biased, as always, and the only example that illustrates the first tier decision (i.e a private company that does not supply labour) concerns the construction of a hospital for the NHS, which is pretty black and white.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
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This has been a very interesting and helpful discussion - thank you!
My biggest concern is the retrospective action and for me, this means walking away from a project at a very critical time. The client will not be happy and with the rate caps, they'll be looking to pay less than 200 per day.
So will HMRC start sending IR35 demands to psc contractors who are deemed to be inside IR35 after April?
If many of us have thought about it, then surely HMRC must have considered this type of action as part of their plans at some point.Comment
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My OH got this recently from their agent in regard to their PS contract:
I haven't received any communication from our Legal teams yet, it will be at some point in January.
The official HMRC legislation doesn't come out until end of Feb so any communication from us in January will be subject to change depending on what that says.
For now it's BAU.
Basically, stay at your post - keep earning commission for me.Comment
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Originally posted by b r View PostMy OH got this recently from their agent in regard to their PS contract:
I haven't received any communication from our Legal teams yet, it will be at some point in January.
The official HMRC legislation doesn't come out until end of Feb so any communication from us in January will be subject to change depending on what that says.
For now it's BAU.
Basically, stay at your post - keep earning commission for me.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
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Originally posted by LondonManc View PostOr leave it too late to do anything but accept the shafting you'll get - end of Feb means that you'll be received last payment after April 6th, leaving your whole engagement open to an IR35-sized rogering.
But its a risk you really don't want to be taking so resign asap as I'm sure everyone else around you already is...merely at clientco for the entertainmentComment
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Originally posted by eek View PostTo be fair its not going to be obvious to your typical money grabbing agent that a person paid after April 6 has to be checked against the new rules and that check could when someone asks HMRC a difficult question result in the entire contract being deemed as being inside IR35 from the beginning..
But its a risk you really don't want to be taking so resign asap as I'm sure everyone else around you already is...The greatest trick the devil ever pulled was convincing the world that he didn't existComment
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