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

[northernladuk]

Do you have a determination on the old role? Same client is going to put you on HMRCs list, having a determination of the role you were doing puts you in their cross hairs. New contract make a difference? Not really.

Think about your situation, break it down bit by bit. Nothing new in your situation.

[DJL]

Do you have a determination on the old role? Same client is going to put you on HMRCs list, having a determination of the role you were doing puts you in their cross hairs. New contract make a difference? Not really.

Think about your situation, break it down bit by bit. Nothing new in your situation.

But if I’m doing another new role on a different contract prior to the 6th, then the determination they made on the existing one doesn’t stand as its pre legislation change, and is not required to go to HMRC? I suppose the issue would be if other people cross the line in the same role as outside/inside, the wonderful taxman would make the assumption I was too.

[northernladuk]

But if I’m doing another new role on a different contract prior to the 6th, then the determination they made on the existing one doesn’t stand as its pre legislation change, and is not required to go to HMRC? I suppose the issue would be if other people cross the line in the same role as outside/inside, the wonderful taxman would make the assumption I was too.

What's has pre legislation got to do with it. The client has provided evidence that the role is inside, legislation in place or not. HMRC don't need it going to them. They go investigate...well they ask for the determination. Not much of an investigation.

You are putting very small hurdles and technicalities in the way that will fall apart at even a glance by HMRC. Are you willing to put 10's of K on the line with that as your risk mitigation?

[DJL]

You are putting very small hurdles and technicalities in the way that will fall apart at even a glance by HMRC. Are you willing to put 10's of K on the line with that as your risk mitigation?

Just after an opinion and my primary inclination is still to head out of there even if I am sat twiddling my thumbs for a couple of months. I’m as risk averse as my client, but seem to be in the minority of 200+ contractors where I am.

[northernladuk]

Yep and I'm afraid all I can give is an opinion as we don't really know.

Someone else might have a different opinion.

[creativity]

I had to quit one of my roles because their determination contradicted mine. I contested and put forward evidence including Cest tool documentation but they didnt want to listen. In HRs eyes there is always an element of control so you will always be inside - hard to to defend and justify at the same time, but you wouldn't win against HMRC so better off out dependent on history with client.
What I did do was contest, supply evidence and quit. Never joined PAYE or closed my company (not viable for me as I have other clients). Now all my work must be work packages or supplier. They will come knocking again soon but I'm not relying on it, its their loss.