Originally posted by breaktwister
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24th Feb deadline for handing in your notice
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Originally posted by northernladuk View PostBased on what?
I assume that the OP meant that MoJ was looking at current contractors and not their full historic records of all 6 month+ contracts.Comment
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Originally posted by Semtex View PostNot always the case. MoJ are asking for a review of ALL contracts of 6 months or more or over £220 per day. This is both retrospective and forward thinking and is NON Negotiable...
From the technical note:
3.Off-payroll working in the public sector tax legislation is separate from Treasury procurement rules which apply in central government. The Treasury rules broadly apply where staff are hired at a rate of £220 per day or on contracts of more than 6 months. These thresholds do not apply to the tax rules.Comment
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Originally posted by cojak View PostBut they ARE paying the right taxes up until the 5th April under the contract that they are working to (at least if they had the contract review that passed the outside IR35 criteria and their working practices confirm this).
As they won't have a contract after this date to put through the new tool, there is nothing to compare against.
My agent also will ask the PSO to determine the contracts, but they said it will be on a functional role basis - i.e. are the UAT testers in or out. So kind of a blanket decision in a sense, but this will not be reported to HMRC (I don't trust them not to).Comment
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Not always the case. MoJ are asking for a review of ALL contracts of 6 months or more or over £220 per day. This is both retrospective and forward thinking and is NON Negotiable...
The IR35 tests are based on working practice, not just what it says in the contract. Also note, the new legislation covers where the services are “performed personally by the worker”.*
April's off-payroll rules: what one contractor recruitment agency thinks :: Contractor UKComment
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Originally posted by b r View PostSorry, but reading yesterdays article from the Agency on ContractorUK news they specifically said it was nothing to do with the contract and all about the working practices. So a contract review should be irrelevant, what they'll need to do is separately interview each contractor and hiring Manager plus then maybe review their actual work - or am I wrong?
The IR35 tests are based on working practice, not just what it says in the contract. Also note, the new legislation covers where the services are “performed personally by the worker”.*
April's off-payroll rules: what one contractor recruitment agency thinks :: Contractor UK
Secondly he actually said..
Rethink has seen an early version of the tool from HMRC which shows that it is the actual working practices that determine an IR35 status, not what the contract says.
If push comes to shove and you get investigated it the contract will make up part of your defense. It's well known that working practices will trump it but if you've got a solid contract to start it's going to help. If your contract says you are inside then you are probably screwed.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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You are wrong.
If push comes to shove and you get investigated it the contract will make up part of your defense. It's well known that working practices will trump it but if you've got a solid contract to start it's going to help.Comment
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Originally posted by b r View PostHmm, don't think so and you do contradict yourself too:
And tbh if the contract says inside, you're inside so it's irrelevant.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by pscont View PostThe tool (when available) is anonymous. However it generates a unique ID for every run. So a PSO bod can say we ran the tool for this guy and we got this ID and the current contract is inside.First they ignore you, then they laugh at you, then they fight you, then you win. But Gandhi never had to deal with HMRCComment
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Originally posted by RonBW View PostOr they could say that and say that it was outside. But unless there is an audit of who it was actually for, with a recorded trail of what questions were asked (HMRC has said that they will continue to develop and work on the tool) and what answers were given, it'll be interesting to see how strongly HMRC stick to their "we'll abide by the tool" statement in the future.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
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