IR35 PS - So anyone had the discussion yet?

[LondonManc]

Why do HMRC need a tool they've already got NLUK to decide based on everyones forum posts!

<something about irony, another tool appearing, etc.>

[Lance]

My concern would be that that's semantics and hope rather than anything else. Granted that part of the department may not be subject to the FOI but unless its GCHQ the department as a whole probably is.

absolutely. Eyes wide open and risks to be understood clearly.
And keep to my usual legal caveat "If someone who isn't a lawyer tells you something's the law then he's almost certainly wrong"

[SussexSeagull]

Would be interesting to find out who blinks first when it comes to DV cleared contractors in areas such as counter-terrorism.

[eek]

absolutely. Eyes wide open and risks to be understood clearly.
And keep to my usual legal caveat "Even if someone is a lawyer tells you something's the law chances are he's almost certainly wrong in some bit of it"

FTFY because remember Lawyers argue for fun with and for your money

[RonBW]

Details of what the 'protection' is?

The client asserts that they have assessed the contract and working practices to be outside ir35. If the contract is later assessed by HMRC to be inside ir35 the client will pay the additional paye and national insurance due.

[teapot418]

The client asserts that they have assessed the contract and working practices to be outside ir35. If the contract is later assessed by HMRC to be inside ir35 the client will pay the additional paye and national insurance due.

Currently the agent bears the liability for the client's wrong decision. I think that's likely to change in the final legislation.


Edit: Ah, apologies, you were talking about your friend's contract terms.

[psychocandy]

The client asserts that they have assessed the contract and working practices to be outside ir35. If the contract is later assessed by HMRC to be inside ir35 the client will pay the additional paye and national insurance due.

And thats actually in the contract? Sounds like a good start. Surely though its a bit complicated how this would work?

Further details and wording would be good.

However, I would say it still doesnt protect people who've been a PS client for some time and then get caught come April. You might have this clause to get the client to pay up for any post-April contract but they're not going to pay any back tax/NI when HMRC come hunting for previous years. Or are they?

[psychocandy]

Finally got some sort of answer from agency. Been trying for weeks.

Agent is normally completely useless so I dont know why I expected anything (co-incidentally an off shore person!).

Agent "We think your contract is outside IR35".
Me "But theres more to it than that obviously - haven't you seen the new legislation?"
Agent "Not really. I dont think anything will change"

F off then. Whether they really don't know or are faking it I dont know. In the past, they've got out of a lot of things bf feigning ignorance.

[northernladuk]

Changes nothing. Everyone but you knows what you will do anyway

[SlipTheJab]

Finally got some sort of answer from agency. Been trying for weeks.

Agent is normally completely useless so I dont know why I expected anything (co-incidentally an off shore person!).

Agent "We think your contract is outside IR35".
Me "But theres more to it than that obviously - haven't you seen the new legislation?"
Agent "Not really. I dont think anything will change"

F off then. Whether they really don't know or are faking it I dont know. In the past, they've got out of a lot of things bf feigning ignorance.

They are bulltulipting you, hoping you carry on and then its a moot point. You know the score, get out now to accept the hit.