"HMRC will stand by the result given"

[northernladuk]

You should be concerned if you don't have a good understanding with a gig coming up. With a potential 40% difference in income it would be wise to get all over it, and quickly.

[RonBW]

But who and how will prove there was fixing of answers?

"He who asserts must prove" - HMRC are asserting that the answers that the client gave are false. If the answers are false then the person providing the false answers is liable.

[DotasScandal]

Whats worse is that I'll be starting a new project with a public sector client fairly soon. I'm very tempted to walk away from it..... Why is the government out to make my life difficult!

1/ Because they want you to "walk away from it", precisely - so that their cronies and their consultancies can move in.
2/ Because they see you as an easy-to-milk cash cow.

[DotasScandal]

"He who asserts must prove" - HMRC are asserting that...(...)

Oh really?
I guess you have not heard of APNs and the "guilty by default" principle succesfully introduced by HMRC.

[WordIsBond]

Some concerns about the integrity of the tool's output: Only option seems to be to print!
Ideally, one should be able to email a copy, especially since there is no unique reference/ id and HMRC aren't keeping copies of the result/ transaction.
This means they could easily dispute the authenticity of the results themselves!

Don't you have a "save as pdf" option under print in your browser?

[rsl]

So if HMRC are going to stand by the results from the ESS tool, what if some contractors who always assumed they were caught by IR35 and have being paying the PAYE/NI on 'deemed' salary all along are found to be outside iR35 because of their working practises (e.g. Direction & Control absent)? Can they get their PAYE/NI back?

In theory, you can revisit your tax returns for, I think 7 years back. In reality, chances you will get anything back are zilch.

Plus, would you really want to piss off HMRC that much and give them a reason to scrutinise every penny of your finances going back 20 years

[rsl]

So, what happens if your PS client reviews your role and determines you are outside IR35?

Will HMRC just accept it or will they investigate the client (one branch of government investigating another......)

[DanielSQL]

You should be concerned if you don't have a good understanding with a gig coming up. With a potential 40% difference in income it would be wise to get all over it, and quickly.

I'm really trying.

[northernladuk]

I'm really trying.

Which puts you way ahead of the curve compared to many to be fair so take some solace from that and keep plugging on. It's a proper quagmire at best.

[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?