IR35 PS - So anyone had the discussion yet?

[difficulttimes]

Interesting one. I wonder if they'll drop the ridiculous 24 month rule once all this kicks in.

Therein lies the problem that people DON'T understand IR35 and make up ridiculous rules like 24 months or you can't state in your contract how many hours... that is another myth.

What we need are clear definitions and a tax code to reflect this but we won't and we will continue to have this uncertainity.

TO also pick up on another point, I'm sure there will be plenty of people willing to dip into their pockets as their future/careers may be at stake here if this continues.

Mark my word there will be tribunal hearings and HMRC will lose that I'm sure of.

[eek]

Therein lies the problem that people DON'T understand IR35 and make up ridiculous rules like 24 months or you can't state in your contract how many hours... that is another myth.

What we need are clear definitions and a tax code to reflect this but we won't and we will continue to have this uncertainity.

TO also pick up on another point, I'm sure there will be plenty of people willing to dip into their pockets as their future/careers may be at stake here if this continues.

Mark my word there will be tribunal hearings and HMRC will lose that I'm sure of.

Good luck trying to raise the money to pay for a court case or 3 - I won't be helping that campaign

[eek]

Utterly separate - it's remarkable how much better informed PC is on the IPSE forums than the other posters there....

[northernladuk]

Good luck trying to raise the money to pay for a court case or 3 - I won't be helping that campaign

Totally this...

TO also pick up on another point, I'm sure there will be plenty of people willing to dip into their pockets as their future/careers may be at stake here if this continues.

Their career is as a contractor. To have to go to court to argue you want to stay at a client is surely defeating their own point. No on is going to put themselves through that.

[LondonManc]

HMRC could see this as exactly what they needed - those that leave can come back on outside IR35 contracts because they are true contractors while the rest get shafted.

[eek]

Totally this...



Their career is as a contractor. To have to go to court to argue you want to stay at a client is surely defeating their own point. No on is going to put themselves through that.

It would also take years during which time no department or agency will touch you.

[BoredBloke]

Who is paying that employment lawyer? That is the problem with your argument....

I know! The thing is not much has actually changed in the whole scheme of things. Previously you'd get your contracts and working practices vetted and ensure the client you were outside. HMRC would disagree and the fight would begin. All that's happening now is the client determines this based on information from HMRC - hardly impartial. The working practices probably wont differ one iota.

This all needs to be tested all the way to the courts to set a precedent.

[difficulttimes]

Who paid for the Uber case or the Deliveroo one?
The person in question is probably on £8/hour at best so not them...

Not just contractors but also agencies, accountants etc. there are many people in the supply chain impacted by this so not just contractors.

If IPSE don't do anything then IPSE won't exist as if this is rolled out to the private sector contracting is doomed.
I did read that Italy banned the use of Ltd. Co (or something similiar) basically overnight.

[eek]

I know! The thing is not much has actually changed in the whole scheme of things. Previously you'd get your contracts and working practices vetted and ensure the client you were outside. HMRC would disagree and the fight would begin. All that's happening now is the client determines this based on information from HMRC - hardly impartial. The working practices probably wont differ one iota.

This all needs to be tested all the way to the courts to set a precedent.

Nope there is a difference - previously the client pretended that you were outside as it made their life easier, now pretending you are outside makes their life far harder...

[difficulttimes]

I know! The thing is not much has actually changed in the whole scheme of things. Previously you'd get your contracts and working practices vetted and ensure the client you were outside. HMRC would disagree and the fight would begin. All that's happening now is the client determines this based on information from HMRC - hardly impartial. The working practices probably wont differ one iota.

This all needs to be tested all the way to the courts to set a precedent.

Couldn't agree more.. nice to have a sound voice on here.