SDS Appeal

[northernladuk]

the poster made this comment -



so clearly a link was being established between the SDS and an ET claim.

Maybe the poster doesn't quite know what the situation is ... Hence the post and the questions...

[JohntheBike]

Maybe the poster doesn't quite know what the situation is ... Hence the post and the questions...

you might believe that, but I could not possibly comment.

[Blencathra]

Wish you well in finding another position in this market, is your current contract outside IR35? (Qdos confirms etc) or are you just winging it?


Sent from my iPhone using Contractor UK Forum

I've been working on a (Qdos reviewed) outside contract.

[Blencathra]

I wasn't actually considering going down the ET route - due to time/expense.

My original question was about whether I should lodge an appeal against an inside SDS before I leave the client and if I don't whether it would weaken my position if HMRC came calling later on.

[eek]

I wasn't actually considering going down the ET route - due to time/expense.

My original question was about whether I should lodge an appeal against an inside SDS before I leave the client and if I don't whether it would weaken my position if HMRC came calling later on.

What harm would lodging an appeal do - the worst thing is that the end client will gather evidence to confirm you were inside but it's unlikely HMRC will come a calling.

[Jolie]

Maybe the poster doesn't quite know what the situation is ... Hence the post and the questions...

That was my fault, I put the idea in his head with my previous reply. The OP is not considering the ET route, I just put it out there as an option for anyone considering appealing the SDS.

[Blencathra]

What harm would lodging an appeal do - the worst thing is that the end client will gather evidence to confirm you were inside but it's unlikely HMRC will come a calling.

Thanks for your comment. I understood that since I will be leaving after the Clientco has assessed my role as inside IR35 that I am still at high risk of HMRC calling but not as high risk as if I continued with Clientco after April 6th.

[northernladuk]

Thanks for your comment. I understood that since I will be leaving after the Clientco has assessed my role as inside IR35 that I am still at high risk of HMRC calling but not as high risk as if I continued with Clientco after April 6th.

As far as we can guess that is correct. A close second behind them with people that left before a determination 3rd.

[eek]

As far as we can guess that is correct. A close second behind them with people that left before a determination 3rd.

But both second and third will be way behind those who stay beyond April and start paying PAYE at the place they were at before April.

Remember HMRC only have agency details to work from so if the agency reports you left before April there really isn't much for HMRC to go on unlike those who stay beyond April.

[northernladuk]

But both second and third will be way behind those who stay beyond April and start paying PAYE at the place they were at before April.

Remember HMRC only have agency details to work from so if the agency reports you left before April there really isn't much for HMRC to go on unlike those who stay beyond April.

Good point worth making yes.