"HMRC will stand by the result given"

[Nerdiburito]

I've been worried about what would happen going from outside to inside IR35 but was convinced to see what would happen before quitting. I submitted my original test(done using an independant test) and the ESS response. Today I've had this response

"We have also used the assessment tool ourselves and entered the details of your current assignments from the perspective of the end client - there are additional questions to answer when the tool is used this way. We have had some differing results when filling out the assessment ourselves and are current liaising with HMRC and other government colleagues on the most appropriate approach to take on some of these questions. "

Im now worried about what they are sharing with HMRC. Is it time to pull the plug and let the dust settle?

[mudskipper]

The tool has changed.

The "equipment" question now explicitly excludes laptops - that's going to catch a lot more.

"Equipment - including heavy machinery, industrial vehicles or high-cost specialist equipment, but not including phones, tablets or laptops."

And there is a "version number" at the bottom of the results page, so they can tie your decision outcome to the questions.

[eek]

The tool has changed.

The "equipment" question now explicitly excludes laptops - that's going to catch a lot more.

"Equipment - including heavy machinery, industrial vehicles or high-cost specialist equipment, but not including phones, tablets or laptops."

And there is a "version number" at the bottom of the results page, so they can tie your decision outcome to the questions.

so the equipment question now bears even less resemblance to the law than before.

[SueEllen]

Current version says 1.1.1-final

[eek]

Just redone the survey with my current status at clientco... Easy outside verdict and the Permies would get the same answer...

[javadude]

The tool has changed.

The "equipment" question now explicitly excludes laptops - that's going to catch a lot more.

"Equipment - including heavy machinery, industrial vehicles or high-cost specialist equipment, but not including phones, tablets or laptops."

And there is a "version number" at the bottom of the results page, so they can tie your decision outcome to the questions.

So if I need to supply my own laptop to provide an IT service that's not valid but heavy machinery is OK.

[RonBW]

The tool has changed.

The "equipment" question now explicitly excludes laptops - that's going to catch a lot more.

"Equipment - including heavy machinery, industrial vehicles or high-cost specialist equipment, but not including phones, tablets or laptops."

And there is a "version number" at the bottom of the results page, so they can tie your decision outcome to the questions.

Interesting - the print out I have from day one gives me an outside determination based on me needing a laptop for this client that I didn't have or need before the project.

If I run the same answers now, I get indeterminate answer - because the guidance has changed. My print out doesn't give the guidance or a version number, but was done accurately a few days ago.

Interesting times ahead.

[Andy Hallett]

The ESS has been surprisingly generous in terms of outside determinations, this is not surprising news if HMRC are tweaking it.

[Yorkie62]

So if I need to supply my own laptop to provide an IT service that's not valid but heavy machinery is OK.

Just buy the heaviest laptop you can find. Where is the definition of heavy?

[gables]

The tool has changed.

The "equipment" question now explicitly excludes laptops - that's going to catch a lot more.

"Equipment - including heavy machinery, industrial vehicles or high-cost specialist equipment, but not including phones, tablets or laptops."

And there is a "version number" at the bottom of the results page, so they can tie your decision outcome to the questions.

Interesting that it could be seen that contracts\working practices could be contrived to 'get around IR35' and in my view here we have HMRC contriving a question to catch us.