IR35 PS - So anyone had the discussion yet?

[northernladuk]

Does it?
https://www.google.co.uk/url?sa=t&so..._1DZd8VyVaV4Kw

[cojak]

Signing an new contract? For the same PS organisation doing the same role?

<Sucks in teeth...>

[NHS1979]

Do you think I would get chased even if all payments for March work were made before end of March and I switched to agency payroll and Paye with same end ps org, or even if switched completely to become an NHS employee? They want me to stay, I would like to stay, but I won't if I face an extra £3k bill

[northernladuk]

Who knows. Assume yes and it won't be such a bad surprise.

[cojak]

Do you think I would get chased even if all payments for March work were made before end of March and I switched to agency payroll and Paye with same end ps org, or even if switched completely to become an NHS employee? They want me to stay, I would like to stay, but I won't if I face an extra £3k bill

We believe that moving to a different role with a different PS org breaks the chain because the working practices will be different.

But we don't know if you'll get chased, that's a decision for you to make.

[NHS1979]

Thanks anyway. The NHS people I'm working with are incredulous at all of this and just want to know what to do so I can stay. Sounds like there's nothing to be done except expect the worst and see what other options there are.

[eek]

We believe that moving to a different role with a different PS org via a different agency breaks the chain because the working practices will be different.

But we don't know if you'll get chased, that's a decision for you to make.

FTFY as I suspect the bit in Red is the basis of any reports they run...

[teapot418]

Thanks anyway. The NHS people I'm working with are incredulous at all of this and just want to know what to do so I can stay. Sounds like there's nothing to be done except expect the worst and see what other options there are.

Thing is, there is no such thing as 'safe'. Any contract can be investigated for IR35. The PS changes mean it's looking a lot more likely, and staying in the same contract will increase that further. If you have a line manager, and the role is likely to become permanent, then you could be on shaky ground IR35 wise. If you haven't already got it, take out tax investigation cover.

[eek]

Thing is, there is no such thing as 'safe'. Any contract can be investigated for IR35. The PS changes mean it's looking a lot more likely, and staying in the same contract will increase that further. If you have a line manager, and the role is likely to become permanent, then you could be on shaky ground IR35 wise. If you haven't already got it, take out tax investigation cover.

Given that I have tax cover I'm not really one to talk but I'm not sure taking it out at the moment is the best idea - simply because we don't know what the next month or will bring...

[Andy Hallett]

FTFY as I suspect the bit in Red is the basis of any reports they run...

I suspect the basis of any report will be your NI Number.