Help - Outside to Outside - Stay or Go ?

[IASRAM]

Hi Members,

I have been at this client for a long time nearly 7 years non-stop and always considered my contracts as borderline. I am not performing a role which is same as any other here, it is highly skilled and unique, still in IT though.

I have never tried to send a substitute (didn't need to) but I always thought they wouldn't agree to one if I did try. QDOS review suggested that the contract is Outside (paperwork) but I have never confirmed the working practices to be honest.

Now, the client started SDS process and trying to put working practices in place to accept substitutes etc then put everyone Outside.

My question is, if I stay Outside IR35 post April 2020 at the same client, what are the chances HMRC coming after me saying I was Inside all these years ?

or Shall I just Walk anyway given that I am here for so long ?

I like this place (almost next door to home), people and more importantly what I do.. but if the Risk is too high.. I can't afford it.

Thanks

[jamesbrown]

My question is, if I stay Outside IR35 post April 2020 at the same client, what are the chances HMRC coming after me saying I was Inside all these years ?

Putting aside the reality or your situation for a moment, that would be quite a novel approach from HMRC. You saying you're outside. The client confirming that you're outside. HMRC choosing you as a low-hanging fruit.

Hmmm.

You're probably at greater risk right now.

Of course, if your client decides that your contract is inside...

[cojak]

Hi,

Have a read of this - it may help you to make up your mind.

https://www.contractoruk.com/forums/...ould-i-go.html

[IASRAM]

You're probably at greater risk right now.

Of course, if your client decides that your contract is inside...

Thank you. I am not 100% sure how do I read this. Are you saying if the Client says I am Outside, I have less risk and can carry on ?

[Lance]

Thank you. I am not 100% sure how do I read this. Are you saying if the Client says I am Outside, I have less risk and can carry on ?

yes.

[jamesbrown]

Thank you. I am not 100% sure how do I read this. Are you saying if the Client says I am Outside, I have less risk and can carry on ?

Well, it seems to me that your client declaring that your status is outside reduces your risk in two important ways. First, it reduces your risk going forwards to zero (notwithstanding any contractual clauses that seek to transfer risk) because the supply chain above you is liable for any mistakes. Second, it reduces your risk going backwards, because your client is onside (a major factor under investigation) and your client doesn't want to cast doubt on your status going forwards. So, yes, I think that reduces your risk relative to your current situation. As for your current situation, that may be relatively high or low risk in an absolute sense (depending entirely on the reality of your WP).

[IASRAM]

yes.

Thank you. Do you think it will be even more safer for me if I get the Client to confirm in writing that the working practices have always been reflective of contract paperwork ? or I am thinking too much unnecessarily ?

[Lance]

Thank you. Do you think it will be even more safer for me if I get the Client to confirm in writing that the working practices have always been reflective of contract paperwork ? or I am thinking too much unnecessarily ?

that would be even better.
But as explained earlier, you're going to be at very low risk anyway. Why would HMRC go after you when your client also agrees that you're outside?

[IASRAM]

That was just me being nervous in all sides... thinking about the worst case.

Thanks for your responses Cojok, James and Lance. I am a bit more relaxed now. I will update this thread when it happens and with exact details.

[LondonManc]

If both QDOS and your client say you're outside, get your working practicies signed off by client, show them to QDOS; if that's outside,