Dilemma

[NotAllThere]

Yeah, my bad - I've re-posted it.

Since both attracted responses, I've merged them.

[CompoundOverload]

What are you worried about? The client (assuming private sector) won't have to put you under until April next year. They're probably just being proactive, which is more than can be said for my client.

So, if you're out of there by January then you have nothing to worry about.

And if you truly believe you are outside of IR35, I hope you have the real-life evidence to back this up. A contract with specific is not going to help much, and neither will the ODOS review, if your actual working conditions are much the same as a permie. If you have evidence, then present it to the client and help to sway the decision in your favour.

Because you're at the mercy of the client. They agree before it's an outside contract, then when faced with the liability post April (but have to make the determination prior to this date for best practice purposes) they cave.

It's just being diligent and avoiding any unnecessary pulls to justify your role.

[CompoundOverload]

So just spoke to the agency and asked about deferring their assessment for me - they are going to see if that can happen to coincide with Cojak's date (31st Dec).

She then called asking why i wanted to do this (as no other contractor seems to have raised this?!) and understand my thinking. i also said that I'm going to hand notice in to protect myself in case of an inside determination as didn't want to be on record as still being an engaged contractor with an inside determination. She stated that she couldn't confirm or deny at this stage and thought i was being hasty with this action, as even if it was an inside role this wouldn't take affect till after April in any event.

She then proceeded to say that HM have given assurance that they won't go after people retrospectively, then I reminded her of the GSK event of which she confirmed "they did not write to 1600 contractors individually" as HM confirmed they don't have the resources!

[northernladuk]

Based on that paragraph then I'd be taking little notice of what the agent says from now on... If you weren't already.

Oddly enough the statement has been clarified I few mins ago in another thread..

https://www.contractoruk.com/forums/...st2686255.html

[BlueSharp]

So just spoke to the agency and asked about deferring their assessment for me - they are going to see if that can happen to coincide with Cojak's date (31st Dec).

She then called asking why i wanted to do this (as no other contractor seems to have raised this?!) and understand my thinking. i also said that I'm going to hand notice in to protect myself in case of an inside determination as didn't want to be on record as still being an engaged contractor with an inside determination. She stated that she couldn't confirm or deny at this stage and thought i was being hasty with this action, as even if it was an inside role this wouldn't take affect till after April in any event.

She then proceeded to say that HM have given assurance that they won't go after people retrospectively, then I reminded her of the GSK event of which she confirmed "they did not write to 1600 contractors individually" as HM confirmed they don't have the resources!

The agency does not want to loose their commission and there is no risk to them. Nothing to see here. Obviously this is your decision based on your appetite to risk or apathy.

[cojak]

So as I said.. Substitute your date for the December one.

Gonna PM Cojak to see if it's worth adding something in there to clarify.

I will.

[CompoundOverload]

Based on that paragraph then I'd be taking little notice of what the agent says from now on... If you weren't already.

Oddly enough the statement has been clarified I few mins ago in another thread..

https://www.contractoruk.com/forums/...st2686255.html

I actually got some info from Qdos earlier....

We assume that if you leave before a determination is made this would be less risky. If contractors leave once the determination has been made and there is an investigation in to retrospective years (although HMRC are saying targeted campaigns will not be launched). Hmrc would no doubt approach the client and if it comes to light the engagement is inside of IR35, HMRC would be taking in to consider what has actually changed. Was the client always of the opinion that the engagement was inside, did your company have the relevant rights as an independent contractor or did something change in the working practices which meant that your consultancy was operating outside but now is inside IR35.

[PTP]

So just spoke to the agency and asked about deferring their assessment for me - they are going to see if that can happen to coincide with Cojak's date (31st Dec).

She then called asking why i wanted to do this (as no other contractor seems to have raised this?!) and understand my thinking. i also said that I'm going to hand notice in to protect myself in case of an inside determination as didn't want to be on record as still being an engaged contractor with an inside determination. She stated that she couldn't confirm or deny at this stage and thought i was being hasty with this action, as even if it was an inside role this wouldn't take affect till after April in any event.

She then proceeded to say that HM have given assurance that they won't go after people retrospectively, then I reminded her of the GSK event of which she confirmed "they did not write to 1600 contractors individually" as HM confirmed they don't have the resources!

Without meaning to instil fear, I know that agencies have started IR35 proceedings with the intention of issuing SDS in Jan/Feb. So I do wonder whether they will take a snapshot of contractors now and assess/submit for all off them regardless of whether they have left between now and when the blanket SDS is issued.

[northernladuk]

Without meaning to instil fear, I know that agencies have started IR35 proceedings with the intention of issuing SDS in Jan/Feb. So I do wonder whether they will take a snapshot of contractors now and assess/submit for all off them regardless of whether they have left between now and when the blanket SDS is issued.

It's nothing to do with the agencies. The client makes the determinations.

[PTP]

It's nothing to do with the agencies. The client makes the determinations.

I know that.

Agencies was probably the wrong term then. I've had e-mails from agency/MSP/whoever it is doing the dirty work for the client saying that they (the client or 3rd party assisting the client) have started their project to assess contractors. And that's been a common message here