Dave Chaplin on LinkedIn

[Lockhouse]

All this is doing my head in.

[CheeseSlice]

Can't decide whether I like this guy or not.

He comes across as one of the contractors, standing side-by-side with us, fighting the fight with HMRC.

On the other hand he has a vested interest in maintaining the status quo, keeping his products and insurance partnerships relevant and his business profitable.

The problem is that we're not going to be his target market anymore.

With all of the constant fear mongering and activism, I think he's trying to maintain the first one (Dave is on our side!, he will save us!) - even though his original target market is falling away - and at the same time is freaking out about the burning platform his business empire is standing on.

Was his pivot to the agents and clients successful and was ir35shield as successful as he hoped? or is he still trying to find a continued market in contractors by pushing fear?

Reading some of the comments on that post, I'm not the only one who is skeptical.

I've considered blocking him a few times, but find his posts slightly entertaining at the same time.

[eatenrifles]

or is he still trying to find a continued market in contractors by pushing fear?

As someone pointed out on that thread, the 10th Feb Update didn't add the text he's highlighted to the employment manual. I think there's definitely an element of fear-mongering to keep his business offerings in people's minds.

[eek]

As someone pointed out on that thread, the 10th Feb Update didn't add the text he's highlighted to the employment manual. I think there's definitely an element of fear-mongering to keep his business offerings in people's minds.

ESM0003 - Employment Status Manual - HMRC internal manual - GOV.UK

In order to decide whether someone is employed or self-employed you have to obtain all of the relevant facts relating to the engagement and then interpret those facts in the light of this case law. This manual aims to provide you with the necessary guidance to do so.

And if you are moving from outside IR35 to inside IR35 you are moving from a self-employment to an employment relationship...

[ladymuck]

I think he does great work in keeping the issue alive. I don't believe he is doing it for purely altruistic reasons.

Things like this do need to be flagged up because the PDF I shared on eek's post does read as if it's being contradicted by ESM0117 and the risk of retrospective review is definitely there.

I remember getting flamed for saying there was a lot of scaremongering going on...

EDIT: now it has been determined ESM0117 has nothing to do with Ltd Co contractors and there is some misinformation going on. I suspect Dave doesn't have an accounting background...

[eatenrifles]

All this is doing my head in.

AR Tax Accountants on LinkedIn: #ir35 | 10 comments

AR Tax Accountants shared this in response. Looks like Chaplin goofed.

#ir35 : HMRC threatening to collect NIC's from employers who use self employed sole traders (not limited companies)!

Two major types of business structure in the UK are self employed sole traders (e.g. some taxi drivers, delivery drivers, plumbers, etc) and limited companies (e.g. IT consultants, contractors, interims, etc).

In the employment status manual below HMRC are threatening employers who pay self employed sole traders with NIC arrears if the sole trader is really an employee.

The employer (e.g. the large taxi firm or large plumbing firm) will need to pay backdated NIC's where they taken on self employed sole traders who are really just employees (i.e. the sole trader is not being chased).

The employment manual below does not relate to limited company contractors as ltd company contractors need to refer to the IR35 / off payroll legislation.

The manual below goes on to talk about Class 2 and Class 4 NIC's that are only paid by self employed sole traders (not limited company directors).

Hopefully the article above helps to clear things up. To be honest, it is quite confusing.

Please like and reshare this article if it helps as the manual below is causing a lot of confusion.

[JohntheBike]

Can't decide whether I like this guy or not.

He comes across as one of the contractors, standing side-by-side with us, fighting the fight with HMRC.

On the other hand he has a vested interest in maintaining the status quo, keeping his products and insurance partnerships relevant and his business profitable.

The problem is that we're not going to be his target market anymore.

With all of the constant fear mongering and activism, I think he's trying to maintain the first one (Dave is on our side!, he will save us!) - even though his original target market is falling away - and at the same time is freaking out about the burning platform his business empire is standing on.

Was his pivot to the agents and clients successful and was ir35shield as successful as he hoped? or is he still trying to find a continued market in contractors by pushing fear?

Reading some of the comments on that post, I'm not the only one who is skeptical.

I've considered blocking him a few times, but find his posts slightly entertaining at the same time.

On the other hand he has a vested interest in maintaining the status quo, keeping his products and insurance partnerships relevant and his business profitable.

surely there would still be a market, albeit reduced, for those contractors who are working outside of IR35?

[Peoplesoft bloke]

The problem is that we're not going to be his target market anymore.

I am.

[AR Tax]

Thanks for sharing my response.

The employment manual being referred to relates to employers hiring self employed sole traders (it does not relate to limited company contractors).

AR Tax Accountants on LinkedIn: #ir35 | 10 comments

AR Tax Accountants shared this in response. Looks like Chaplin goofed.

Sent from my SM-G950F using Contractor UK Forum mobile app

[eatenrifles]

Thanks for sharing my response.

Thanks for posting it. So much information flying around, it doesn't help when things like this start creating panic and uncertainty around an issue that already has enough of both.