IR35 PS - So anyone had the discussion yet?

[psychocandy]

The rules are least clear in the situation you describe (private sector supplying the PS). However, they are not completely unclear. It comes down to whether the private company is delivering a public function (fully outsourced) or delivering people. If the supply looks akin to what an agency/body shop would do, the rules apply in the same way they would to an agency, regardless of whether the private company is a "consultancy". Conversely, if the private company is supplying an outsourced service, the rules won't apply. Likewise, in a direct contract, while the rules do apply, the PSC shouldn't be caught if the service is delivered in an outsourced way (in theory ). Bottom line, though, it's for the PS client to make their own determination about whether the rules apply.

Which is the worrying bit. Im in the same position and all I've got from the agency is "we think you're ok".

BUT thats no good when HMRX come knocking for £50K.

[psychocandy]

Head. Back. In. Sand.

Finish next Tuesday. JSA here we come!

[jamesbrown]

Which is the worrying bit. Im in the same position and all I've got from the agency is "we think you're ok".

BUT thats no good when HMRX come knocking for £50K.

Not sure why they'd come knocking on your door; the liability isn't yours if the PSB incorrectly determines that the rules don't apply. The liability is with the fee payer (agency in your case). What's more likely is that they think the rules do apply, but they won't get around to telling you until some time after 6 April.

Anyway, haven't you served notice yet?

[jamesbrown]

Finish next Tuesday. JSA here we come!

Good decision. On the first part, you scrounging scumbag!

[psychocandy]

I've made my moves now. Told client that despite offering me several scenarios, I will be leaving current outside-IR35 gig end of March. The next role I take will be post-6th April with a different PSB under an umbrella company and via a different agency.

I have also taken out full QDOS tax liability insurance and (belatedly) full contract and working practices reviews of my assignments for last 3 years.

It doesn't make me immune to anything, but I feel better prepared. The client is miffed but I've said it's nothing personal. The current agency thinks I am 'extreme' for leaving. Other contractors around me seem bemused as they will be staying (one even brought his son in today to do some work, presumably he thinks this is substitution!).

Good idea for the QDOS. I was considering this - its not that expensive. Cheaper than abbey tax add-on with IPSE.

Agency would say that though. Where will they be when it all goes pete tong? All they care about is themselves.

[psychocandy]

Good decision. On the first part, you scrounging scumbag!

To be honest, I probably wont sign on until April if it comes to that. Too much hassle and easier to get this financial year out of the way first. Gives me month to sort out dividends/pay credit cards etc before claiming ;-)

Yes I am a scummer and I dont care.

[sal]

Not sure why they'd come knocking on your door; the liability isn't yours if the PSB incorrectly determines that the rules don't apply. The liability is with the fee payer (agency in your case). What's more likely is that they think the rules do apply, but they won't get around to telling you until some time after 6 April.

Anyway, haven't you served notice yet?

Retrospecting investigation on the contract with the same PSB prior to April 2017?

[jamesbrown]

Retrospecting investigation on the contract with the same PSB prior to April 2017?

Agreed, but if that's the primary motivation, then it isn't a decision to be left with the PSB and agency in the current circumstances, it's one that requires definitive action by the contractor to eliminate the "worry", as far as possible. TBF, it sounds as though that's what PC has done.

[LondonManc]

I've made my moves now. Told client that despite offering me several scenarios, I will be leaving current outside-IR35 gig end of March. The next role I take will be post-6th April with a different PSB under an umbrella company and via a different agency.

I have also taken out full QDOS tax liability insurance and (belatedly) full contract and working practices reviews of my assignments for last 3 years.

It doesn't make me immune to anything, but I feel better prepared. The client is miffed but I've said it's nothing personal. The current agency thinks I am 'extreme' for leaving. Other contractors around me seem bemused as they will be staying (one even brought his son in today to do some work, presumably he thinks this is substitution!).

Why leave if the client determines your new gig to be outside?
Or won't they commit?

[notahappybunny]

Why leave if the client determines your new gig to be outside?
Or won't they commit?

Would this determination be set in stone or could they change their mind at some point after you have committed to stay?