Retrospective IR35 investigations

[SimonMac]

as I've said, I've never knowingly supplied my NI number to any private organisation. This is the advice of the DWP.

Not even your accountant?

[northernladuk]

Not even your accountant?

Can't wait until he has to apply for DBS. He'll have a coronary.

[JohntheBike]

Not even your accountant?

trust, there will always be someone! Yes, of course I've supplied it to my accountant as he runs my payroll. I've never knowingly supplied it to an agency or a client.

[JohntheBike]

Can't wait until he has to apply for DBS. He'll have a coronary.

why at age 72 would I have to apply for a DBS? One of my daughters, who works with children, clearly had to, but I don't remember either of the other two mentioning this requirement for their jobs. Clearly the most likely path for me shortly is retirement. I'm unlikely to be offered any PAYE role.

[ComplianceLady]

Refusing to supply my NI number, is about ensuring that no one can be designated an employer of mine because they hold that info. I'm re-inforcing my assertion that I'm independent from my client, which is just another approach to mitigate any claim that I could be a disguised employee of my client. No business supplies the NI details of it's employees to another business. I think that has something to do with IR35 somehow.

If you work via an agency they use your DOB + gender as an alternative identifier to NINO.

[JohntheBike]

If you work via an agency they use your DOB + gender as an alternative identifier to NINO.

exactly! but deducting tax an NI and RTI reporting, requires the NI number I would contend.

[jamesbrown]

exactly! but deducting tax an NI and RTI reporting, requires the NI number I would contend.

Nope.

[JohntheBike]

Nope.

OK, so please explain.

[Peoplesoft bloke]

exactly! but deducting tax an NI and RTI reporting, requires the NI number I would contend.

Well then you would contend wrong.

Have a think about this. There are thousands of highly mobile workers currently operating all over the EU. If Jose from Spain comes here and works at a conference or in a hotel for a couple of weeks he won't have an NI number. His employer can (and will) still deduct tax and NI, and can and will send the RTI return to HMRC.

If you won't take the word of people on this thread who know then have a look at the HMRC guidance for software developers which explains clearly that NI number isn't required to make deductions or submit RTI returns.

[JohntheBike]

Well then you would contend wrong.

Have a think about this. There are thousands of highly mobile workers currently operating all over the EU. If Jose from Spain comes here and works at a conference or in a hotel for a couple of weeks he won't have an NI number. His employer can (and will) still deduct tax and NI, and can and will send the RTI return to HMRC.

If you won't take the word of people on this thread who know then have a look at the HMRC guidance for software developers which explains clearly that NI number isn't required to make deductions or submit RTI returns.

so, how does that sit with deducting NI when it's not required? Is that robbery by the state?