Hi,
Does anyone know if there are penalties for either side, if the decision is outside IR35 and later decided to be inside IR35, when the contractor has operated a legal PAYE scheme, with no dividends?
I've operated a part time contract for around 4 years. Over this time I've had minimal expenses, insurance, accountants, bank charges etc. I've paid a minimum wage and using a Salary Sacrifice put the remainder directly from my company into a SIPP.
So up to April 2020 it hasn't mattered whether I was inside or outside IR35, as all companies can use Salary Sacrifice.
If I am deemed to be inside IR35 I can no longer do this.
Is there any risk for the client in deciding I'm outside IR35, provided I continue using Salary Sacrifice?
Regards
John
Does anyone know if there are penalties for either side, if the decision is outside IR35 and later decided to be inside IR35, when the contractor has operated a legal PAYE scheme, with no dividends?
I've operated a part time contract for around 4 years. Over this time I've had minimal expenses, insurance, accountants, bank charges etc. I've paid a minimum wage and using a Salary Sacrifice put the remainder directly from my company into a SIPP.
So up to April 2020 it hasn't mattered whether I was inside or outside IR35, as all companies can use Salary Sacrifice.
If I am deemed to be inside IR35 I can no longer do this.
Is there any risk for the client in deciding I'm outside IR35, provided I continue using Salary Sacrifice?
Regards
John