Contracting through an agency currently to FTC with end client

[revcrocket]

Hi All,

Newbie here, done a lot of searching but havent found the exact same for advice.

Contracting currently outside IR35 via a recruitment agency.

The end client has said blanket ban on Ltd companies, and have said there is two options:

1.Go PAYE with recruitment agency which I believe would be via a FTC.

2. FTC directly with the end client

In the situation of going FTC directly with the end client and cutting the agency out the picture, technically who i was contracted by is changing, albeit the end client is staying the same. I would be effectively doing the same job as I was doing contracting just under a FTC directly with the end client

What are folks opinions on whether this makes any difference or not in terms of retrospective HMRC investigations? Does this still open me up to Inside IR35 given technically its a different company I am working with even though really its the same just that an Agency isnt in the middle?

Thanks all for the help in advance!

[Scratch It]

I wouldn’t accept the exact same role on an FTC basis. I wouldn’t be prepared to stay with the same end client regardless, but if I was I would renegotiate different working practices and responsibilities to demonstrate that your practices before were substantially different to the FTC.

[northernladuk]

If you are at the clients doing the same thing then you are at risk. Simple as that.

[revcrocket]

Thanks both, it's what I thought myself but I wanted to get others views in case I was being slightly over cautious.