Hi all,
I'm in a Public Sector role as a Digital Technical Architect for one of the few Departments that has declared most people outside of IR35. The original 6 month contract was pre-IR35 aware, whereas the renewal contract (will be continuing on from the end of original contract in May) is pepperred with 'outside/inside' language, and has two separate rates in the schedule for inside or outside etc.
I'm in negotations to remove all the 'inside' references and rates, as my role has already been declared as outside prior to the renewal. I fully understand the real reason the agency want the clauses in there, which is an attempt to protect themselves and pass on the shaft to me if the PS client has a change of heart in the future and 'changes' the determination to inside at some point in the future. Obviously as far as I'm concerned, the role is outside, end of conversation, remove the clauses.
I've also heard from the Department's own HR that the need to have two rates inside/outside is a 'legal requirement from HMRC'. I've called this out as BS, HMRC don't get to make up the rules as much as they'd like to, I just want to check, there isn't anything in the Finance 2017 bill that actually requires this is there?
Regards
I'm in a Public Sector role as a Digital Technical Architect for one of the few Departments that has declared most people outside of IR35. The original 6 month contract was pre-IR35 aware, whereas the renewal contract (will be continuing on from the end of original contract in May) is pepperred with 'outside/inside' language, and has two separate rates in the schedule for inside or outside etc.
I'm in negotations to remove all the 'inside' references and rates, as my role has already been declared as outside prior to the renewal. I fully understand the real reason the agency want the clauses in there, which is an attempt to protect themselves and pass on the shaft to me if the PS client has a change of heart in the future and 'changes' the determination to inside at some point in the future. Obviously as far as I'm concerned, the role is outside, end of conversation, remove the clauses.
I've also heard from the Department's own HR that the need to have two rates inside/outside is a 'legal requirement from HMRC'. I've called this out as BS, HMRC don't get to make up the rules as much as they'd like to, I just want to check, there isn't anything in the Finance 2017 bill that actually requires this is there?
Regards
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