24th Feb deadline for handing in your notice

[cojak]

And don't forget even if you're leaving before end of March, big agencies like sThree have already written to all clients asking them to make determinations on all contractors now. So you might get an IR35 determination and messaging to HMRC even before you've left

@AndyH - is this the case?

[Lurker101]

@AndyH - is this the case?

My agency have also written to the client asking this and I think it is to do with the 31 days to respond that would then move responsibilities onto the PSB. I would possibly expect a discussion around determination and maybe even a decision before but reporting would not start until after the fee payer starts to deduct PAYE and NICs etc. As the new rules do not actually come into force until the new financial year there is no requirement for early reporting. My agency will also be serving notice on all public sector contracts shortly as they have to renegotiate them with both parties.

[northernladuk]

You realise a new contract isn't really going to mean much?

[malvolio]

You realise a new contract isn't really going to mean much?

Other than a significant change in payment terms and expenses you mean...

[teapot418]

My agency have also written to the client asking this and I think it is to do with the 31 days to respond that would then move responsibilities onto the PSB. I would possibly expect a discussion around determination and maybe even a decision before but reporting would not start until after the fee payer starts to deduct PAYE and NICs etc. As the new rules do not actually come into force until the new financial year there is no requirement for early reporting. My agency will also be serving notice on all public sector contracts shortly as they have to renegotiate them with both parties.

Presumably the "31 days to respond" doesn't legally come into effect until the legislation comes into effect.

Applying it to 'payments made after..' seems crazy - what is the agent supposed to do with those payments while waiting for a determination? The client doesn't have the tool to make the determination.

If there's one thing they really should do, it is change the 'payments after' bit. But that would be sensible, so they won't.

Anyone know the date for the final legislation?

[northernladuk]

Other than a significant change in payment terms and expenses you mean...

Well yes but on the face of that comment I'd be very careful that this isn't just standard spiel from an agent that hasn't a clue. 'Don't worry we'll change your contract and your safe' would be a pretty standard response to try pacify contractors but the reality is that and that alone is pretty useless if the contractors in question intend to just turn up the day after and carry on where they left off.

[malvolio]

Well yes but on the face of that comment I'd be very careful that this isn't just standard spiel from an agent that hasn't a clue. 'Don't worry we'll change your contract and your safe' would be a pretty standard response to try pacify contractors but the reality is that and that alone is pretty useless if the contractors in question intend to just turn up the day after and carry on where they left off.

Not the point and nothing to do with the engagement itself. Your existing contract will be written to align with a gross payment process. Now they will have to switch to a deductions-led payment and you need the contract to reflect that or they get swamped with demands for non-payment of viable invoices..

Contracts have to reflect reality. Agencies will take notice of that minor detail if there is a faint chance they could get penalised for not ensuring they do. You don't matter to them, HMRC does.

[Andy Hallett]

And don't forget even if you're leaving before end of March, big agencies like sThree have already written to all clients asking them to make determinations on all contractors now. So you might get an IR35 determination and messaging to HMRC even before you've left

What is this messaging to HMRC rubbish you are talking about?

We have to ask for a determination in case we have to make a payment past 6th April. In reality the determinations that matter will be for contracts starting 1st April as there is a very big natural cut off 31st March.

[Andy Hallett]

@AndyH - is this the case?

Apart from the messaging bit, yes.

[cojak]

Apart from the messaging bit, yes.

It was the messaging bit that concerned me.

Thanks for clearing that up Andy.