Silence and then client co and agency are saying this. what do i do

[platforminc]

Just to be clear, the clientco said in an email. Should my engagement extend beyond April 2020, then it will be in scope for IR35 and will be classified as "deemed employment" for tax purposes.
They were clear here and the above scares me.

But this statement is potentially completely incorrect and the distinction is very important. By going those options does not necessarily mean you are inside. Some clients have just banned PSCs to avoid making a determination.

So.. Has you client...

A) Determined you are inside and given you options. The determination has potentially handed your ass to HMRC. Client has stated the gig you have been doing has been potentially inside all along.

B) Have refused to engage PSCs so no determination is made therefore HMRC has not comparison. They may see this is an admittance they are all inside but its an assumption so slightly less risky.

You've got to be absolutely sure which situation you are in.

[northernladuk]

Just to be clear, the clientco said in an email. Should my engagement extend beyond April 2020, then it will be in scope for IR35 and will be classified as "deemed employment" for tax purposes.
They were clear here and the above scares me.

Right, so you thought you were outside, the client has now blown that out of the water and you carry on. Top of HMRC's list of easy money.

[GhostofTarbera]

Right, so you thought you were outside, the client has now blown that out of the water and you carry on. Top of HMRC's list of easy money.

Wow, indeed easy pickings for HMRC


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[Paralytic]

Probably but the only reason he'd be asking is to use his money most efficiently and that wouldn't be. But fair point if that's right.

No probably or if - there's no reason why the umbrella should limit how much you want to salary sacrifice, beyond their legal obligations (eg, paying minimum wage). If they do, that's their decision, not because they have to do that.

[platforminc]

Right, so you thought you were outside, the client has now blown that out of the water and you carry on. Top of HMRC's list of easy money.

So what would you do if it were you ? Goto the CEO's office with a stick ?

[WordIsBond]

So what would you do if it were you ? Goto the CEO's office with a stick ?

Go to the CEO's office to hand in your notice. If you stay under any of those terms you may be very vulnerable to historical investigation.

Time to get another gig, even if it has to be inside. An inside gig elsewhere doesn't carry the same risk of historical investigations. This one does. Tell them they've forced you to leave.

[northernladuk]

So what would you do if it were you ? Goto the CEO's office with a stick ?

Thankfully I'm not in that position. Right at the beginning I did state I was going to stay at the client I was with if it went inside. A lot about the client suited me at the time and was one of the best gigs I'd done in 10 years. I changed my mind around August/Sept when it all started going crazy. Thankfully I hit the clients 2 year rule in Oct so the decision was out of my hands.

The really weird thing is exactly the same happened to me when the Public sector hit so avoided that decision as well.

I really feel for anyone in this potion but if I had to say what I would have done I'd have gotten out of my client before a determination due to my length of time and taken a new gig fully expecting to go inside but with only a month or two at risk.

I do still think anyone that's at a client with more than 6 months+ history to the point an inside determination has landed has made a mistake but appreciate its easy to say that now.