IR35 PS - So anyone had the discussion yet?

[northernladuk]

That's a delaying tactic at the most I reckon.

Your HMRC steam roller analogy still holds true as far as I'm concerned.

Maybe we place a load of blindfold people at the bottom of the hill who are waiting to be moved out of the path rather than running like hell to that analogy??

[runandbecome]

Draft Legislation

Well if any Law types out there can comment on this here it is:

https://www.gov.uk/government/public...gulations-2017

[GDL]

Security clearance not relevant to iron 35

that's what I thought but apparently it's related to FOI. I'm not going to name the organisation but it's an SC cleared role.

Not got an offer yet in any case.

At least 2 cleared colleagues have been investigated

[eek]

At least 2 cleared colleagues have been investigated

Previous investigations are not relevant to the argument the department is using. The department is saying that this section is outside of the freedom of information act and therefore the contract will be outside ir35.

Personal I doubt hmrc will accept that section x is exempted within a department but let's wait and see

[MrStu]

Personal I doubt hmrc will accept that section x is exempted within a department but let's wait and see

I agree, I have the same level of clearance, and its still up in the air. I'm sure if it was as cut and dry as this we would have been told by now.

It's a waiting game, and as I said earlier in this thread, they are cutting it fine. I'd prefer to stay, if I could be assured that I was outside, but I'm not stupid. I think I'll get an interview at a decent prospect next week, and if I'm offered and the contract checks out I'll take it.

Current client will be screwed because we (not big-headed enough to say I) can't easily be replaced - hence why they have us there in the first place.

[fxc]

lots of people seem to think it will matter a damn whether the client classifies you in or out and that that decision will in some way be final.

It wont be, in fact, if the clients classifies you as outside IR35 all that will do is ensure that HMRC know exactly who to investigate, and the client opinion will not matter if HMRC subsequently decide you are inside IR35.

At that point the agency, or the PS client, will be left holding the tax bill which is why, if there is any question whatsoever as to a contractors status, you will be judged as inside IR35.

The driver here is HMRC want a smaller more targetted list of people they can successfully investigate and nail, this method gives them that, dont kid yourselves that a client just saying you are outside will make a difference, because the tool is built in order to classify you as inside.

Clients will have to forego SDC completely and contracts and working practices will need to be altered accordingly to reflect what will have to be a new reality. Otherwise its PAYE all the way.

[NHS1979]

So I finally had the conversation with my NHS client today after a letter went out yesterday saying everyone would have the hmrc tool run on their role for IR35 status to be decided by April. This was looser than the blanket decisions applied elsewhere.

The NHS client is offering a senior role to me on a fixed term contract, with decent wage. I have said that, putting aside my desire to maintain the freedom of Contracting, I am not convinced even switching to this new role and contract would be enough to create the clear blue water I need with the current outside-IR35 role. I don't have insurance and am planning to leave and find work elsewhere so there is a clear break with current assignment.

[b r]

tbh I wouldn't worry taking this fixed-term PAYE employment, it's pretty much what the 'authorities' want.

[psychocandy]

Well my client seems to be taking the head in the sand view.

I've told them, I would like to renew but I cant do so unless something is sorted by end of Feb. Nothing has been done. So they've asked me to start handing over stuff and I've heard that the manager has been telling people I've decided to leave.

Problems is most of the other contractors here have the attitude, "don't know much about it", and "it'll be ok Im sure" so I look like the only one kicking up a fuss.

[northernladuk]

Well my client seems to be taking the head in the sand view.

I've told them, I would like to renew but I cant do so unless something is sorted by end of Feb. Nothing has been done. So they've asked me to start handing over stuff and I've heard that the manager has been telling people I've decided to leave.

Problems is most of the other contractors here have the attitude, "don't know much about it", and "it'll be ok Im sure" so I look like the only one kicking up a fuss.

Well it appears you have had a pretty clear answer now and saves you having to make a decision at least.