Results of the public sector consultation is up

[eek]

https://www.gov.uk/government/upload..._responses.pdf

First bit to note of interest (from page 6).

However, the government does not believe that choosing to work through a limited
company should necessarily affect the amount of tax and NICs an individual pays.

So that's the FLC idea killed once and for all...

and page 9

Engagers will be required to inform the relevant party, such as an agency, whether the
off-payroll rules should apply and will be liable for this decision. HMRC will publish
guidance about the information needed which will also cover what engagers should do
if working practices change.

So agent's aren't going to get much say in the matter. A statement will come this role is inside / not inside IR35 ...

Now to see if the legislation matches a more complete reading of the documentation...

[LondonManc]

Page 13 makes for interesting reading.....

Government Response
This change does not widen the scope of the off payroll rules, but is designed to ensure the current rules work as intended.
The government recognises that some contractors will experience a reduction in takehome pay as a result of the withdrawal of the 5% tax-free allowance. PSCs will, however, still be able to claim allowable business expenses

Still no clarification or solid definition of a PSC though....

More on expenses on Page 10, which suggests, but does not explicitly declare, that PSC and inside IR35 means that you can claim expenses:

PSCs will, however, still be able to claim allowable business expenses and those available to employees

Obviously, work commutes and staying over could be awkward, especially if employees don't get them (which normally they wouldn't). Doesn't sound at all good.

Yet we get to Page 14 and it looks like they've taken nothing from the Uber debacle.

Anyone know how to throw a party with alcoholic beverages in a beer-making facility?

[SueEllen]

Page 13 makes for interesting reading.....



Still no clarification or solid definition of a PSC though....

More on expenses on Page 10, which suggests, but does not explicitly declare, that PSC and inside IR35 means that you can claim expenses:



Obviously, work commutes and staying over could be awkward, especially if employees don't get them (which normally they wouldn't). Doesn't sound at all good.

Yet we get to Page 14 and it looks like they've taken nothing from the Uber debacle.

Anyone know how to throw a party with alcoholic beverages in a beer-making facility?

In the PS they do and so do private companies if the office you work at is not your main place of work.

[LondonManc]

In the PS they do and so do private companies if the office you work at is not your main place of work.

I guess getting the definition of main place of work sorted out is fairly critical then.

[seeourbee]

Results of the public sector consultation is up

Deleted

[barrydidit]

Yet we get to Page 14 and it looks like they've taken nothing from the Uber debacle.

Anyone know how to throw a party with alcoholic beverages in a beer-making facility?

From page 6: "Individuals doing the same job should be treated similarly,
regardless of whether or not they work through a company. "

Oh dear.

[sal]

Engagers will be required to inform the relevant party, such as an agency, whether the
off-payroll rules should apply and will be liable for this decision. HMRC will publish
guidance about the information needed which will also cover what engagers should do
if working practices change.

Engagers = ClientCo right? If that's the case it will be up to the PS department to make de decision and if some managers takes the plunge and declare that you are outside IR35 it might become a good selling point for the contract.

[seeourbee]

So treated as a contractor, taxed as an employee. No employee benefits. I'm actually struggling to understand how this is legally sound. I see a lawsuit in the not too distance future. You can't have your cake and eat it. Look at the shenanigans in the Supreme Court today.

[Gaz_M]

A new online tool will be available by April 2017 for all to use and will make it easier to
apply the rules regardless of sector.

So even private sector is screwed if this online tool makes it nigh on impossible to pass.

[LondonManc]

So even private sector is screwed if this online tool makes it nigh on impossible to pass.

On the plus side, it'll screw Wipro et al who have to then pay all the bob PAYE and NICs to the Exchequer.