NHS blanket outside..........never used the tool but consulted a "specialist advisor" apparently.
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Blanket decisions of inside IR35
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Surely the 'reasonable care' clause applies to them declaring you inside if you are inside, rather than declaring you outside if you are outside?
If they declare you in outside instead of inside and didn't take reasonable care in coming to that conclusion, then the client would be liable for the tax.
If they declare you inside instead of outside, then the exchequer hasn't lost out and so there is nothing for the client to be liable for.Taking a break from contractingComment
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Originally posted by chopper View PostSurely the 'reasonable care' clause applies to them declaring you inside if you are inside, rather than declaring you outside if you are outside?
If they declare you in outside instead of inside and didn't take reasonable care in coming to that conclusion, then the client would be liable for the tax.
If they declare you inside instead of outside, then the exchequer hasn't lost out and so there is nothing for the client to be liable for.Comment
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Originally posted by chopper View PostSurely the 'reasonable care' clause applies to them declaring you inside if you are inside, rather than declaring you outside if you are outside?
If they declare you in outside instead of inside and didn't take reasonable care in coming to that conclusion, then the client would be liable for the tax.
If they declare you inside instead of outside, then the exchequer hasn't lost out and so there is nothing for the client to be liable for.Comment
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“Put simply, this [new reasonable care clause at 61T6c)] means that public sector clients must not make general, blanket determinations” of contractors’ IR35 status, says Qdos Contractor.
harumph !Comment
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Originally posted by Bluenose View Post“Put simply, this [new reasonable care clause at 61T6c)] means that public sector clients must not make general, blanket determinations” of contractors’ IR35 status, says Qdos Contractor.
harumph !Comment
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Client cannot be swayed and have determined me inside, even though my T&C are completely different to the other 'contractors' in the team and they have stated that they are treating us all the same. They are clearly concerned that if the others find out they'll all want to re-negotiate same as me.
I'm resigned that to remain in this contact I'm going to have to be inside. It's a very local role to home and the T&C I've agreed with them are quite favourable. Putting that aside, given that this is only my 2nd week in this role and I have changed PSB and Agency are my chances of retrograb reduced do we think?Comment
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Originally posted by hollyblue View PostPutting that aside, given that this is only my 2nd week in this role and I have changed PSB and Agency are my chances of retrograb reduced do we think?
But I would definitely declare the first few weeks of this contract as inside, if you stay. That way, if ever investigated, you can claim to be responsible about IR35, otherwise you look like a tax dodger for a few weeks worth of tax savings. Don't do that.
I'd also be telling them if they are going to put their hands in your pocket and rip you off just so they can avoid conflict among other contractors that they should at least uplift your rate by 15% to cover the employers NI.Comment
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Originally posted by teapot418 View PostNo real clarity about what the individual can do if the client has made a blanket (inside) determination though.
And that was why come October everyone around here was saying that the only appropriate attack is probably to seek employment rights...merely at clientco for the entertainmentComment
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Originally posted by Bluenose View Post“Put simply, this [new reasonable care clause at 61T6c)] means that public sector clients must not make general, blanket determinations” of contractors’ IR35 status, says Qdos Contractor.
harumph !Comment
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