IR35 PS - So anyone had the discussion yet?

[eek]

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.

I think doing it in March would be early enough - and give the advisors enough time to come up with answers to the questions hopefully providing you with a better idea as to which supplier is best placed to help you.

There is no way these retrospective claims can appear until June at the earliest and even then I expect it to be more like October through to December 23rd (which knowing HMRC is the date I would expect the letters to go out for delivery on). March 29 2018 is another plausible option.

[psychocandy]

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.

They all say that. My current client has tried:-

1) Perm - umm no thanks even if you are offering a premium. (They were thinking an extra £5K I was thinking an extra £40K).

2) We'll increase your rate to make your take home the same. (Again they are thinking £20/£30 a day - its more like £100+ I reckon is needed).

3) We've spoken to our legal people and they say HMRC won't chase you for previous 2 years even if you're inside IR35 now. (Yeh right - by the way thats another £100 a day to be added for me to accept this risk!)

My solution has been to say, sort it internally and with the agency. Offer me a contract with guarantees that its outside IR35 and everyones happy. Otherwise, in the abscence of further information, see above.

[b r]

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

You've not dealt with Govt departments before have you?

IME when Ministers make laws they really don't seem to care of the cost to meet the law, that is just seen as collateral damage - the implementation of policy is key for them.

[northernladuk]

My solution has been to say, sort it internally and with the agency. Offer me a contract with guarantees that its outside IR35 and everyones happy. Otherwise, in the abscence of further information, see above.

Well there are a couple of things here..

A) You are inside already so how will giving you another contract make any difference.
B) You'll put yourself back inside whatever the contract says
C) No one, can or will ever be able to give you a contract that guarantees you are outside, particularly in the current situation...

So really you have your answer and you know what to do. Sadly I expect we are going to see endless threads on the same thing with the end result being you do nothing about it and stay in the same gig and stick your head in the sand like you already are.

[Semtex]

Well there are a couple of things here..

A) You are inside already so how will giving you another contract make any difference.
B) You'll put yourself back inside whatever the contract says
C) No one, can or will ever be able to give you a contract that guarantees you are outside, particularly in the current situation...

So really you have your answer and you know what to do. Sadly I expect we are going to see endless threads on the same thing with the end result being you do nothing about it and stay in the same gig and stick your head in the sand like you already are.

How do you know he is inside?

IR35 is not a binary outcome, even when HMRC think someone is inside, they usually lose up against QDOS an the like

[northernladuk]

How do you know he is inside?

IR35 is not a binary outcome, even when HMRC think someone is inside, they usually lose up against QDOS an the like

He's posted more than enough information to make a decision. He has also admitted his own situation is borderline.

[teapot418]

I think doing it in March would be early enough - and give the advisors enough time to come up with answers to the questions hopefully providing you with a better idea as to which supplier is best placed to help you.

There is no way these retrospective claims can appear until June at the earliest and even then I expect it to be more like October through to December 23rd (which knowing HMRC is the date I would expect the letters to go out for delivery on). March 29 2018 is another plausible option.

Insurance premiums are based on risk. I'd say the risk for the providers has increased substantially. AFAIK, premiums haven't increased. Yet.

[cojak]

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.

If you take up a new contract with a new organisation then it will be a new role with new working practices.

Im explicitly excluding the same role with the same PS.

[RonBW]

C) No one, can or will ever be able to give you a contract that guarantees you are outside, particularly in the current situation...

But they could indemnify you against any losses if they say you are outside ir35 and then you aren't. Unlikely but I know a friend who claims that his new contract with an NHS trust has that protection in it.

[eek]

If you take up a new contract with a new organisation then it will be a new role with new working practices.

Im explicitly excluding the same role with the same PS.

New contract, new organisation through a new agency is very different from same agency, same organisation with a new contract supposedly reflecting changed (ho ho ho) working practices.

But most people talking about a new contract (they'll be lucky) are hoping to continue working for the same organisation via the same agency. And that's a complete no no...