Decisions, Decisions...

[Big Blue Plymouth]

1. Ideal would be if you can get them to agree to not assess you since the role ends the end of January, and there is no legal obligation to do so.

Yes, that's worth trying

[BoredBloke]

Yes, that's worth trying

But they are not assessing anybody if they are doing a blanket everybody inside. The assessment has to take into account the contract and working practices. If you have had a review carried out an it says that you are outside, then surely this should count for more than the end client deciding everybody is inside, simply because they couldn't be bothered carrying out the assessment.

[Scruff]

Make a business decision, around your Daily Rate. If they make a blanket decision to deem you to be inside IR35, advise them that due to the change in circumstances out of your control, in order for you to continue with the Project Delivery you will have to increase your rate by 30%.

[northernladuk]

if I am still at the client when/if I'm deemed inside IR35 in December it's still problematic even if I leave before April ?

Yes. The client has officially said the role you are doing is inside so you are now an easy target for HMRC to come after you.

[northernladuk]

Yes, that's worth trying

But you should know whether it is or not. If you are a PM then it's highly likely they'll want another and they will assess the role, regardless of who is doing it so you'll still be caught.

[Big Blue Plymouth]

But you should know whether it is or not. If you are a PM then it's highly likely they'll want another and they will assess the role, regardless of who is doing it so you'll still be caught.

Well, in that case it wouldn't really matter when I left I guess. I could leave tomorrow and they could deem the role inside IR35 sometime down the line and it could still potentially come back and bite me. As it happens, I am doing something quite specific on a particular project so I'm not likely to be replaced when it has finished.

[dx4100]

Yes. The client has officially said the role you are doing is inside so you are now an easy target IF HMRC come after you.

Isn't my correction above right ?

Still our best chance, as always, is the fact that HMRC investigate very few companies and that isn't likely to change any time soon. In fact, as long as you don't work for one of the big banks or other big companies saying they will blanket determine everyone inside, your chances of investigation as probably decreased given the now easy and very public low hanging fruit up for grabs.

I think with the fear of everything to come this point is being missed. Your still very unlikely to ever hear from HMRC

[Major Hassle]

Isn't my correction above right ?

Still our best chance, as always, is the fact that HMRC investigate very few companies and that isn't likely to change any time soon. In fact, as long as you don't work for one of the big banks or other big companies saying they will blanket determine everyone inside, your chances of investigation as probably decreased given the now easy and very public low hanging fruit up for grabs.

I think with the fear of everything to come this point is being missed. Your still very unlikely to ever hear from HMRC

The banks aren’t making a determination, they are making a policy change and refusing to engage PSCs. There is a big difference...

[dx4100]

The banks aren’t making a determination, they are making a policy change and refusing to engage PSCs. There is a big difference...

Do you think its a big enough difference that HMRC won't be taking an interest in those contractors that are caught up in it ?

[Amanensia]

It's a big enough difference that they can't really just investigate everyone. If the client is making determinations role-by-role then that'd be a nice targetted list for HMRC to go to town on. By not making a determination they aren't being given such a list. They could of course just try to go after everyone, but resources are limited.