Assessed as Inside from April or a Blanket Ban - it's time to leave

[ScottW]

Time Up?

In a good contract, decent rate, good company, good location……… but really fed up with this whole IR35 carry on.

Awaiting decision next week by end Client as to their proposed way forward on this.

Myself and others have been told, ‘your contracts are safe’. No idea what that means.

If we get dumped into IR35 I think it's just a case of suck it up.

The huge concern is myself and colleagues are approaching 2.5 years here (I know….. I know…..) and backdating that if HMRC come calling is a deal breaker – I’d need to leave.

Client is talking of possible Permy offers…… that possibly has HMRC implications .....

what a fecking mess......

Decisions, decisions………

[CompoundOverload]

HMRC have taken the decision that they will only use information resulting from these changes to open a new enquiry into earlier years if there is reason to suspect fraud or criminal behaviour. Further reading can be found here: HMRC issue briefing: reform of off-payroll working rules - GOV.UK

What information could they possibly get from these changes?

Outside to inside - same client. - Agent / client reporting
Outside to umbrella - different client. - Agent / client reporting

There is not a lot else they can get from information that has resulted from the new changes?

[CompoundOverload]

In other words, BAU.

"Do we suspect fraud and criminality at GSK chaps?"
"Why, yes!"
"Right-o. Off we go."

They are suspicious of everyone, so they have an open ticket to investigate who the hell they want.

All this BS they won't do targeted campaigns but with investigate anyone they are suspicious of - so basically anyone and everyone!

[ladymuck]

HMRC have taken the decision that they will only use information resulting from these changes to open a new enquiry into earlier years if there is reason to suspect fraud or criminal behaviour. Further reading can be found here: HMRC issue briefing: reform of off-payroll working rules - GOV.UK

Yes. We trust them 100% on that one

[AR Tax]

There is another thread on the Contractor UK Forum called "Dave Chaplin on LinkedIn" where there is more explanation about that HMRC employment manual link.

The manual relates to employers who pay self employed sole traders who are really employees (the manual about NIC arrears does not relate to contracting companies / IR35 / Off Payroll).

Is this where you were self declared outside but stayed on with the client inside post April?

Or

Is this where you have been working outside for a number of years (on a various clients at separate times) but then gave up contracting (as it's a ball ache and clients aren't taking on many contractors outside post April) to join a new client who you have not previously worked for in an inside capacity, perm/umbrella et al?

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

[simes]

HMRC have taken the decision that they will only use information resulting from these changes to open a new enquiry into earlier years if there is reason to suspect fraud or criminal behaviour.

In other words, BAU.

"Do we suspect fraud and criminality at GSK chaps?"
"Why, yes!"
"Right-o. Off we go."

[Kanaiya]

This was published back in November last year, the above does appear to contradict #7 on page 2

https://assets.publishing.service.go...Factsheet_.pdf

HMRC have taken the decision that they will only use information resulting from these changes to open a new enquiry into earlier years if there is reason to suspect fraud or criminal behaviour. Further reading can be found here: HMRC issue briefing: reform of off-payroll working rules - GOV.UK

[eek]

Is this where you were self declared outside but stayed on with the client inside post April?

Or

Is this where you have been working outside for a number of years (on a various clients at separate times) but then gave up contracting (as it's a ball ache and clients aren't taking on many contractors outside post April) to join a new client who you have not previously worked for in an inside capacity, perm/umbrella et al?

Self declared outside and remained past April working as if inside.

If you leave HMRC haven't got much to go on, if you stay it's HMRC can start asking questions where the answers will at the very least be awkward to answer..

[CompoundOverload]

Stealing it from here and Dave Chaplin here but I want to make things 100% clear in a new thread


This is from HMRC's internal manual and directly contridicts what HMRC have been saying in public (until you remove the word automatic from that statement)



ESM0117 - Employment Status Manual - HMRC internal manual - GOV.UK

And it means that if you were outside and are going inside HMRC will have to look at your situation and decide what to do and that will be to ask you for a large cheque.

Is this where you were self declared outside but stayed on with the client inside post April?

Or

Is this where you have been working outside for a number of years (on a various clients at separate times) but then gave up contracting (as it's a ball ache and clients aren't taking on many contractors outside post April) to join a new client who you have not previously worked for in an inside capacity, perm/umbrella et al?

[eek]

This was published back in November last year, the above does appear to contradict #7 on page 2

https://assets.publishing.service.go...Factsheet_.pdf

I like this bit

HMRC will not carry out targeted campaigns

Now I'm a cynic but a scattergun untargeted approach is perfectly allowed within that statement and such an approach will be more than enough to get them more money than they've ever been asked to collect.