Staying in the same public sector contract after April 2017

[FireOnion]

Would closing LtdCo be a red flag just asking to be investigated (as though I'm trying to avoid this magic 6th April deadline), or would you suggest I leave it open for a while?

If erring on the side of extreme caution then you may think that HMRC could indeed look at company being stuck off.
Why not just keep it dormant for a while? You can keep it dormant as long as you like and re-assess the situation when things become clearer.

[pictavia]

There has been a lot of mention of "red flags" on here recently.

And much of it is pure speculation. I'm not aware that IR35 investigations actually net a profit for the tax payer so investigating all of the potential retrospective cases would be a hugely expensive exercise without an obvious source of funding. There is a deterrent factor in these investigations but with the new rules this is no longer relevant in the public sector.

I'm also finished with contracting from April. I will continue to offer services on a direct/freelance basis but definitely no more agency contracts.

[MrMarkyMark]

And much of it is pure speculation. I'm not aware that IR35 investigations actually net a profit for the tax payer so investigating all of the potential retrospective cases would be a hugely expensive exercise without an obvious source of funding. There is a deterrent factor in these investigations but with the new rules this is no longer relevant in the public sector.

I'm also finished with contracting from April. I will continue to offer services on a direct/freelance basis but definitely no more agency contracts.

What makes you think they are doing this for the net gain, or the good of the tax payer

What, in the public sector?

[northernladuk]

I'm also finished with contracting from April. I will continue to offer services on a direct/freelance basis but definitely no more agency contracts.

Pardon?

[malvolio]

Pardon?

Yes, indeed. Perhaps best to leave him to find out the hard way though.

[seeourbee]

So this was released today. I haven't read it all but am I right in thinking that a "worker" (which is what I expect the new PS contracts will imply in IR35 bound contracts) is entitled to paid salary (para 1.ii, 3.i and 12)

https://www.gov.uk/government/public...us-review-2015

[nucastle]

Penny still not dropping.

Agent called me up about a bunch of gigs at HMRC Newcastle. I immediately cut her off and explain no more gigs due to IR35 to which she explains that the rules don't apply in this instance and she will explain why in an email :

Hi ...,

Thanks for taking my call a moment ago. I’ve attached a job spec for the Front End Developer position with Capgemini. It is a 6 month contract paying £400 per day. You mentioned you would be available at the end of March which is something they would be happy to wait for.

In regards to the IR35 legislation, employees of Capgemini are exempt as Capgemini themselves are not a government organisation. Even though you will be working onsite for HMRC you will not be classed as a government employee.

You mentioned you may have contacts who are also looking for work so please note that I am on the hunt for Front End Developers, Java Developers, Content Designers, UX Designers and Automation Testers for various contract roles in Newcastle. Feel free to share my details with anyone in your network who could be interested.

If you’re keen to learn more about this opportunity I can pass your details through to my colleague who manages our relationship with Capgemini. She will be able to discuss the IR35 exemption with you if you need more clarification.

Kind regards,
...

My response (no intention of taking the gig, but playing along) :

Hi ...,

Looks interesting. I have one question though.

You mention in the IR35 explanation that as an employee of Capgemini that the rules don't apply. Does this mean that contractors will be asked to use a payroll or umbrella company instead of using their own Ltd companies?

Best wishes,
...

Her response :

Hi ...,

You are welcome to use either your own Ltd company or umbrella company. You cannot operate as a sole trader.

Kind regards,
...


The mind boggles.

[Pherlopolus]

surely you would be contracting to Capgemini rather than HMRC, so you would actually be in private sector role - working for a consultancy?

[seeourbee]

She's right though

[daemon]

She's right though

+1

She is indeed