What happens with no determination?!

[jlcook99]

All

Anybody sure if you are unable to get a determination? Basically I'm part of a sub-contracted managed service and the two companies involved are both pointing at each other to own the determination. I'm caught in the middle unable to get an IR35 determination on my role.

What if the default status if you are unable to get one?!

Thanks in advance

[cojak]

I’m afraid that you’re on your own and you need to decide on the risk of staying or leaving.

Read this https://www.contractoruk.com/forums/...ml#post2683871

[jlcook99]

I’m afraid that you’re on your own and you need to decide on the risk of staying or leaving.

Read this https://www.contractoruk.com/forums/...ml#post2683871

Still not sure I understand who owns the liability if no-one gives you a determination? Be nice to be able to determine yourself as outside but the end client own the liability! ;-)

[cojak]

Still not sure I understand who owns the liability if no-one gives you a determination? Be nice to be able to determine yourself as outside but the end client own the liability! ;-)

The liability lies with the client. Once they realise that they will probably slap you inside as it’s the least problematic decision for them.