IR35 Employers NI

[plannercontractor]

But since he is inside IR35 for what he considers to be a ‘core service’, the natural conclusion I guess is that he thinks that he is paying the right amount of tax, although I’m not sure as he was complaining about the loss of income. Maybe this bit is a little confused?

I am complaining for loss of income for the following reasons:
1. Since April 2017 my take home income has been roughly the same as a direct employee. I say roughly as I am calculating it based on 52 weeks of work a year. However, taking into account bank holidays and personal holidays, last year I only worked 47 weeks a year. Employees in my job get 32 days off + bank holidays annually, so I was losing out!
2. The umbrella company quoted a weekly income much higher than I ever received from them before I signed up, this amounted to about £50 a week lower.

Certainly if you want to follow the 6 months probationary period for being outside/inside IR35, then you should leave the contract after the 6 months are up, as the rest of us ‘job hoppers’ do.

I’m a bit confused here, I was inside IR35 up until about a month ago for nearly 3 years. I was happy in the job and the PS organisation I worked for was happy with my work…the key word you’re missing is that I am no ‘job hopper’ and since they didn’t decide to get rid of me, then why should I leave?

The point I was making is that the HMRC should use this 6-month rule to determine whether you’re an employee or not and get your umbrella/hirer to give you employee benefits…like ‘paid’ holidays, otherwise they shouldn’t be taking employer’s NI off your agreed rate.

Also plannercontractor can now also ask for the rights that Susan Winchester claimed, as he is paying that tax.

Absolutely, if I was an employee of some sort, then I deserve it!

[plannercontractor]

So really his problem is that he's engaged incorrectly and should be on an FTC so would be better sorting his engagement out rather than trying to fix situation that isn't fit for his purpose?

No, my problem is that like Susan Winchester, I am owed a lot in holiday pay as I was an essentially an employee from April 2017 onwards. The HMRC needs to be clear about this and make a blanket rule telling employers that employees must all have the same rights. Otherwise employers will still try to get away with not meeting their obligations, be it umbrella companies, recruitment agencies or the hirer.

If anyone working in the PS outside IR35 and think they're safe, then think again. The HMRC is unlikely to come after anyone who changed at the time of its legislation change for PS IR35 in April 2017 but those of you who managed to cling on to being outside IR35 thinking you've escaped it, think again!

Hopefully, you’ll all accept the HRMC’s decision and pay what they ask you to since you thought that I was a bit of a whinger. Good luck!

[fidot]

No, my problem is that like Susan Winchester, I am owed a lot in holiday pay as I was an essentially an employee from April 2017 onwards.!

So, are you going to take a legal approach like she did?

[plannercontractor]

So, are you going to take a legal approach like she did?

She went to a tribunal not a court and in any case, she has set the ball rolling for no win, no fee solicitors to take this on fairly soon, you just wait and see. However, I don't need them as a close relative of mine is a solicitor who can represent me. At the moment we're just buying time and collecting evidence. Each day is proving to be worth the wait, believe me!

Everyday there's new development on IR35. Here's today's by the way...Is IR35 a ticking time bomb for the accounting profession? - Accountancy Age

[malvolio]

She went to a tribunal not a court and in any case, she has set the ball rolling for no win, no fee solicitors to take this on fairly soon, you just wait and see. However, I don't need them as a close relative of mine is a solicitor who can represent me. At the moment we're just buying time and collecting evidence. Each day is proving to be worth the wait, believe me!

Everyday there's new development on IR35. Here's today's by the way...Is IR35 a ticking time bomb for the accounting profession? - Accountancy Age

She went to a tribunal since that is the route to take. It goes to court if you appeal the tribunal decision, which is what she (and IPSE) were hoping for. Sadly, HMRC bottled it and settled out of court. I leave you to work out why...

And IR35 has not changed in 20 years. What has changed are the new PS rules implemented in Chapter 10 of ITEPA 2003, increasing and damning evidence that many PS clients are getting it wrong, evidence that CEST is a joke and several more outside IR35 rulings in favour of the worker