IR35 PS - So anyone had the discussion yet?

[eek]

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

and all you need to do is:-

• Work out how to appeal and on what grounds
• Work out who to sue
• Work out who is going to pay for that appeal

and that's just off the top of my head.

The thing is you are going over things many of us discussed here back in November and as I said earlier today this plan is well thought through and structured in such a way that there are few easy attack routes.

[LondonManc]

and all you need to do is:-

• Work out how to appeal and on what grounds
• Work out who to sue
• Work out who is going to pay for that appeal

and that's just off the top of my head.

The thing is you are going over things many of us discussed here back in November and as I said earlier today this plan is well thought through and structured in such a way that there are few easy attack routes.

Unfortunately I agree. The major attack on this I can see is from Public Sector management whose bonuses are at risk because they are unable to deliver.

[stillooking]

Assume the contract is inside IR35 and that you cannot claim expenses (so they will need to come from taxed income) and decide based on that. Given that this is a brand new contract you have zero risk of being hit by the large retrospective tax bill some people are leaving to avoid.

Thanks for your advice Eek, it is sensible what you say, but the retrospective aspect is what is worrying me - the 'compliance list' the agent has asked me to fill in is wide ranging ,'unfair' and goes beyond what I think is acceptable; probably influenced or demanded by the Crown Commercial Service Framework and also what they are asked to provide every Qtr (I think) to HMRC - to me it looks like they could use it a as term of reference to whack Co's /Directors with further down the line.

[stillooking]

Its a new contract so I would go for it. Be interesting if the agency are stating via a ltd or brolly? better to earn something rather than be benched imo

Thanks for your advice Semtex, I do want to go for it, also I agree, better to earn something but it is the retrospective risk I am v.concerned about.

The agency refers in the 'compliance list' questions to PSC ( I don't like that term, no matter what people say) or brolly.

The std. agency contract they've issued (probably similar to REC draft?) is really unacceptable (guess that is no surprise) and I would reject it in normal circumstances , ah well. Thanks

[eek]

Thanks for your advice Eek, it is sensible what you say, but the retrospective aspect is what is worrying me - the 'compliance list' the agent has asked me to fill in is wide ranging ,'unfair' and goes beyond what I think is acceptable; probably influenced or demanded by the Crown Commercial Service Framework and also what they are asked to provide every Qtr (I think) to HMRC - to me it looks like they could use it a as term of reference to whack Co's /Directors with further down the line.

The retrospective bit in your case is 2 months max, its not worth worrying about in your situation.

As someone told me a fortnight ago, there is nothing wrong with an inside IR35 contract provided you are prepared for and can cope with the consequences of it being inside...

[northernladuk]

The retrospective bit in your case is 2 months max, its not worth worrying about in your situation.

As someone told me a fortnight ago, there is nothing wrong with an inside IR35 contract provided you are prepared for and can cope with the consequences of it being inside...

This but a question to stilllooking.. Why not just leave and do what proper contractors do rather than hang on desperately to this and, to be frank, be exactly what they are trying target?

[Kentish lass]

Thank you for starting this section.

I am in the position where I have today been offered a 12 month contract in the public sector...

I have asked the agency the question of “I am aware of the public-sector legislation affecting IR35 that would affect all payments going forward from 6th April 2017. I need clarity on if this contract, would be deemed as inside this prior to signing the contract”

The response from the agency was "it’s a ltd co contract", I have again asked them to check with the company.

Not entirely sure what to do at the moment

[Quality]

Inside or Outside?

Well, I seem to be the only contractor who knows about these IR35 apart from the two that I have shared my knowledge with. Had several discussions with the agency (useless) and the client (scared) and with my contract due to finish at the end of February I wasn't too worried. However, they have now offered me an extension but will not advise whether the role is going to be inside or outside IR35 and won't know until March! Bit of a conundrum there then as if I work on the new contract the first payment would be mid-April so the risk of paying PAYE etc. I have had 16 contracts in the last 10 years, typically short-term projects or improvement initiatives so how I could be confused with a disguised employee would be unfair to say the least, whilst I still have company costs (insurance, accountant, web site, professional fees etc) to cover.

Plan at the moment is to wait and not sign anything and let them make me an offer to either increase my rate to compensate for their decision (unlikely), agreement that I am outside IR35 (think a blanket decision is most likely) or offer my services on a different basis such as fixed price.

Wonder if it will really all start in April or whether it will be delayed or de-scoped a bit.

[stillooking]

The retrospective bit in your case is 2 months max, its not worth worrying about in your situation.

As someone told me a fortnight ago, there is nothing wrong with an inside IR35 contract provided you are prepared for and can cope with the consequences of it being inside...

Thanks Eek.

Yes, I do agree with what you say about inside IR etc. rgds

[stillooking]

This but a question to stilllooking.. Why not just leave and do what proper contractors do rather than hang on desperately to this and, to be frank, be exactly what they are trying target?

Well, I've not left, haven't started yet.. of course I am a proper contractor and would rather not rely on roles like this.... fair comment ....but I need to rethink and get back to Private Sector