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New CEST

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  • oliverson
    replied
    Originally posted by WordIsBond View Post
    Yes, just for kicks, I answered that I hadn't substituted but I could, and the client had no right to refuse. Then I went through all the other questions, every single one, and answered them as poorly as I could for IR35. It still showed outside, so an unfettered right to sub is still a silver bullet.

    Then, I answered that the client could reject substitution, and then I answered EVERY SINGLE QUESTION the right way on Supervision, Direction, Control. Except for one -- I answered that I could be moved to a new task only if I agreed, rather than saying it would need a new contract. And it came back as unable to make a determination. That's right, if you decide how, when, and where to do the work, if you can't be moved to a new task without your approval, then it can't tell you that you are outside.

    Of course, in the real world, real businesses agree to do extra stuff all the time as part of their working relationship with their customers. It doesn't require a new contract, they just agree. "Oh, can you also replace my windscreen wiper?" "Sure, that will cost £X." "Cool." No, not cool, HMRC would say that means you might be controlled and an employee of the car owner, so they can't be certain you are outside.

    Stupid.
    ha ha ha. Funny scenario. Cheers.

    Leave a comment:


  • WordIsBond
    replied
    Originally posted by Manic View Post
    All about the substitute. I scored outside but changed my answer to client could reject substitute and now inside.
    Yes, just for kicks, I answered that I hadn't substituted but I could, and the client had no right to refuse. Then I went through all the other questions, every single one, and answered them as poorly as I could for IR35. It still showed outside, so an unfettered right to sub is still a silver bullet.

    Then, I answered that the client could reject substitution, and then I answered EVERY SINGLE QUESTION the right way on Supervision, Direction, Control. Except for one -- I answered that I could be moved to a new task only if I agreed, rather than saying it would need a new contract. And it came back as unable to make a determination. That's right, if you decide how, when, and where to do the work, if you can't be moved to a new task without your approval, then it can't tell you that you are outside.

    Of course, in the real world, real businesses agree to do extra stuff all the time as part of their working relationship with their customers. It doesn't require a new contract, they just agree. "Oh, can you also replace my windscreen wiper?" "Sure, that will cost £X." "Cool." No, not cool, HMRC would say that means you might be controlled and an employee of the car owner, so they can't be certain you are outside.

    Stupid.

    Leave a comment:


  • ladymuck
    replied
    Just ran my gig through it and, even though clientco would have veto over a sub, I was deemed outside. Here's hoping they come to the same conclusion when doing their determination.

    Leave a comment:


  • Manic
    replied
    Originally posted by ComplianceLady View Post
    So this is what has been causing millions in backdated liabilities for public sector bodies - the new CEST plus guidance is out.

    Check employment status for tax - GOV.UK

    Thoughts?

    All about the substitute. I scored outside but changed my answer to client could reject substitute and now inside.

    Leave a comment:


  • ComplianceLady
    started a topic New CEST

    New CEST

    So this is what has been causing millions in backdated liabilities for public sector bodies - the new CEST plus guidance is out.

    Check employment status for tax - GOV.UK

    Thoughts?

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