Probably a stupid question.. I’m currently on a contract at a private end client deemed outside IR35 by Qdos through an agent, paid by the agent. I’m confused as to who should determine my IR35 status post-April extensions. The end client would identify as a small business according to the criteria, but the agency pays the fees. Should I have much to worry about?
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If the end client is an exempt business by virtue of its size then the determination remains with you IIRC -
Your lack of knowledge and inability to go understand it should be something to worry about IMO.'CUK forum personality of 2011 - Winner - Yes really!!!!
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Sorry...but I feel I have to say this.Originally posted by northernladuk View Post
Have you heard the phrase "If you haven't got anything constructive to say, do not say it?"
The chap politely asked a question as millions do every day on online public forums. Pretty much all questions have been asked about any topic and subject; yet you constantly belittle others by replying with repetitive, pointless posts making out you are some sort gods gift to IR35. It seems your sole purpose is to reply to any thread here antagonizing others who ask questions.
Yes...he can find out the answers by reading. But it's also quicker to ask a question - a bit like "hey, how do i get to this place?". Your response will no doubt be "Get a map and read it for once". Helpful...not.
I have no doubt you're about to come back some sarky answerLast edited by Anubis; 25 October 2019, 08:10.Comment
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Fair comment and very nicely put by the way. I might have been able to phrase it slightly better but the message would still be similar.
People should not be asking questions like this at this stage and I do think pointing out his failing in this area, although harsh, is constructive. He reads ladymuck answer and just carrying on not having a clue.
Go on any decent topical forum and ask a pretty silly question and you'll get told. Try asking something daft on mumsnet...'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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No problem with northernlad’s response
Next one... so as I am deemed outside IR35, come April, I won’t have to go down the PAYE route etc, and continue as I am now, or will I?Comment
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And my point is made perfectly...'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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He's on the bench. Get him to sub in for you for a couple days and you'll get a break and have a good IR35 argument, and he won't have time to post here as much. Win-win.Originally posted by Anubis View Post
I agree with you this time, FWIW. OP obviously isn't an idiot, he's been getting reviews. The legislation still hasn't been passed and who knows what the arrogant fools in Parliament are going to do between now and April. Someone who is thinking about April now is maybe a little behind the game compared to some others but chances are he's still ahead of a lot of people, and the fact that he's trying to figure out what comes in April doesn't indicate he's remiss.
OP: If the end client is a small business then the determination and the liability remains with you, as per the legislation as currently proposed. This, of course, is subject to change. Most people think the small business exemption is not likely to be long with us, and that within a couple years all clients will have this responsibility / liability. For now, though, it seems likely that 'as you were' will be the rule of the day, as long as you are absolutely certain that they are a small company.
One other question, though. Your handle is SoleTrader. Is that your actual status, or do you work through a Ltd Co? Because sole traders don't have to worry about IR35 anyway.Comment
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Originally posted by northernladuk View Post
I find a combination of answering the question, while also belittling the person for having to ask, is a happy medium.Comment
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You need to be clearer with your questions and wording. Your original post spoke of determination by QDOS and mixed that with determination by the client and say the client is small. Then you talk of being deemed outside on this post. By whom?Originally posted by SoleTrader View Post
If the client is by the legal definition, small, you continue as you are, making a determination.
If you have had a review done by QDOS, and they say outside, that helps you should you ever be investigated. But, HMRC may disagree. Is this a contract or a working practices review?
If the review by QDOS says inside and you continue you work outside, and HMRC come to review, and they find out the QDOS review said inside, you're in a little bit of trouble...
Have you read this?
April 2020 changes to off-payroll working for clients - GOV.UKLast edited by Paralytic; 25 October 2019, 09:24.Comment
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