MoD

[Semtex]

Are you sure that it is about the IR35 reform and not just the annual standard off-payroll tax assurance audit?

interestingly where I am they are asking you to complete your Working practices again, although this time only answering 6 Qs and the SCS answering the remaining. If you are deemed inside they need assurances or they will inform HMRC IR35 team and youre out.

[BoredBloke]

interestingly where I am they are asking you to complete your Working practices again, although this time only answering 6 Qs and the SCS answering the remaining. If you are deemed inside they need assurances or they will inform HMRC IR35 team and youre out.

And if you fill that in and even if you decide to leave, HMRC will then have a record that your current gig is also inside.

[Semtex]

And if you fill that in and even if you decide to leave, HMRC will then have a record that your current gig is also inside.

Maybe inside

Mine has always come down low, but now that someone else is answering the questions who may not know my practices its worrying.

I have Qdos insurance and they have reviewed signed working practices and contract but this is strange. People are suggesting they are renewing all for 6 months based on outside IR35, which may be why they have done this, but not sure

[BoredBloke]

Maybe inside

Mine has always come down low, but now that someone else is answering the questions who may not know my practices its worrying.

I have Qdos insurance and they have reviewed signed working practices and contract but this is strange. People are suggesting they are renewing all for 6 months based on outside IR35, which may be why they have done this, but not sure

I'd bet if they are using HMRC's tool it will be weighted so that it is inside and like you say, the person filling in a lot of the answers probably hasn't a clue what they are doing of the implications

[difficulttimes]

Substution

Forgive me if I'm being a bit naive but if contractors will soon be asked to fill in some questionnaire to make sure they are outside shouldn't they enforce their power of substitution? This is the key fundamental difference that separates us from employees and if you have done it then you are definitely outside. From what I've read this is what kills HMRC's claims at tribunals or during an investigation - substitution.

Of course this could be another contractor colleague - someone who has a similiar skill set to you and I'm sure all of us could find someone like that in our offices.

*I realise that I've spelt substitution incorrectly..*

[Lance]

So far so good?....now the sting....

Please note that it is unlikely that we would consider a Contract Review to be be adequate assurance where your placement in the MOD is effectively "manpower substitution" (eg you have been provided under the Ccrown Commercial Service Contract Labour One framworks). Ie through Capita!
.

Forget everything else. Manpower substition is inside IR35. The implication is you're substituting permanent resource.

[OldMamil]

Forget everything else. Manpower substition is inside IR35. The implication is you're substituting permanent resource.

Then there are a lot of people in the cacky then, as this contracting mechanism is the most commonly applied, through the blanket Capita manpower services contract even when an inividual is brought into to work on a specific work package/project.

My contract was checked prior to my taking post and was assessed as being outside of IR35

[Lance]

Then there are a lot of people in the cacky then, as this contracting mechanism is the most commonly applied, through the blanket Capita manpower services contract even when an inividual is brought into to work on a specific work package/project.

My contract was checked prior to my taking post and was assessed as being outside of IR35

I think this is entirely the point of the new rules though.
There are undoubtedly a lot of contractors who are effectively inside but not been caught out yet. Whether the new rules is too blunt an instrument to be fit for purpose is not yet known. But it will be effective on large numbers who should be inside in the first place.

As has been discussed repeatedly.... your lowest risk is to leave before you're declared inside lest you get investigated for you current contract up to April.

[5000]

It looks like Capita have completed their assessments of the CLone workers. Agencies are starting to get in touch with Contractors letting them know the result. As far as I am aware they have all been "Inside" so far

[eek]

It looks like Capita have completed their assessments of the CLone workers. Agencies are starting to get in touch with Contractors letting them know the result. As far as I am aware they have all been "Inside" so far

Yep... and??? The CLone guidelines were updated in July / August last year and gave the game away then that CL1 contracts are inside..

I will be very surprised if Capita gives anyone an decision that says outside...