IR35 PS - So anyone had the discussion yet?

[eek]

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

Yep but I suspect its NI number continually appearing on the same agency's Employment intermediaries reporting requirements report with payments being beyond April 2017 which will be the trigger.

[LondonManc]

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

<Sucks in teeth...>

Your Plan B is becoming a mechanic?

On a serious note, plus one for this post. Get some inside IR35 calculations done to see if the role is still palatable for you. If it isn't then state your new day rate to take tax and unclaimable expenses into account.

[cojak]

Yep but I suspect its NI number continually appearing on the same agency's Employment intermediaries reporting requirements report with payments being beyond April 2017 which will be the trigger.

But it's not a slam dunk that the contractor should be hit retrospectively since it can be argued that it's a different job with different working practices.

[LondonManc]

But it's not a slam dunk that the contractor should be hit retrospectively since it can be argued that it's a different job with different working practices.

That's important OP - to help try and avoid retrospective action get your current working practices documented and a revised set for the new contract that show a marked change in behaviours. Your case is covered as caught in the examples that were posted months ago, so best to accept IR35 for the next one while protecting this one.

[psychocandy]

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

They are fobbing you off. They know damn well that it could go either way but they dont care once you've signed.

Agencies are going to struggle to get people into PS clients from now on - so they're going to try every trick in the book and hope contractors dont know the score.

[eek]

But it's not a slam dunk that the contractor should be hit retrospectively since it can be argued that it's a different job with different working practices.

Firstly the issue is that you are on the list and an investigation has begun. Secondly if you are sat on the same seat working with the same team doing the some work / project exactly what has changed.

[psychocandy]

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.

Same with me. 4 week payment terms so I cant work for them in march.

Its nuts. The agencies dont know, the client doesnt know and HMRC wont even be releasing their tool until march/april.

Hasn't someone at HMRC realised that decisions need to be made BEFORE April?

[teapot418]

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...

I would say now is exactly the time to get insurance. Once you have a retrospective enquiry, it's too late. Each to their own though.

[psychocandy]

I am working as an interim manager for an NHS organisation, and started in January. Signed a contract only till end of March. My contract is between my Ltd company and an agency, who in turn have a contract with the NHS.

The work is going really well and they will want me beyond end of March. My job involves having a line a manager and specific responsibilities, but the job is not in the permanent job structure (plan is that when I leave they will know whether to create it as a permanent job).

I am awaiting the NHS' slow decisions on IR35. I expect the options will be same as TfL recently. If I sign a new contract for April onwards am I in danger of retrospective checking by HMRC? Worried now and don't want to leave (unless I am forced into a 40% income drop by joining NHS payroll). Thanks for your help

Hope none of the payments for this work run into April then. Or you're caught.

[RonBW]

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...

Can you explain that a bit more - why would having investigation insurance not be worthwhile?

Are you saying that there won't be investigations? Or that the people who would defend your case won't do so?

I can't imagine how having cover to pay for an investigation defence is a bad thing.

Ta