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

[DJL]

Outside at Client A via Agency A to -
Inside at Client B via Agency B

Doesn't Agency B have to also file the Intermediaries Report, where your NI number will be 'flagged' in exactly the same way as it would if you had gone:

Outside at Client A via Agency A to -
Inside at Client A via Agency A

My question is, is the risk here exactly the same, given that your NI number doesn't change? Isn't this the determining factor?

I'm about to embark on scenario 1 as I'm basically sh*t scared of the second one - even though my clients inside SDS determination is clearly wrong! I know I can be investigated at any time, but my understanding is that the first scenario is the safest due to a new client with a new contract and role, and new working conditions.

My next big concern is someone else in scenario 2 being flagged by HMRC for my current client, and me subsequently then being scooped up by HMRC in another GSK style scatter bomb approach! Unfortunately there's bugger all I can do about that one but pray, and continue to pay for my IR35 insurance!!

[NO TO RETRO]

The agency is right, HMRC don’t care who their customers are just the contractors they pay.

and in March you will be on the agency report to HMRC with your NI number, your limited company details and a large sum on which little NI is paid
and I April you will be on the (same) agency report with the same NI number, a different company and a large NI payment.

To HMRC the end client doesn’t matter it’s the agency that ties everything together

So, assuming that a contractor, post April 6 goes from:

Outside at Client A via Agency A to -
Inside at Client B via Agency B

Doesn't Agency B have to also file the Intermediaries Report, where your NI number will be 'flagged' in exactly the same way as it would if you had gone:

Outside at Client A via Agency A to -
Inside at Client A via Agency A

My question is, is the risk here exactly the same, given that your NI number doesn't change? Isn't this the determining factor?

Thanks in advance and apologies if I've missed this elsewhere.

[ir35dep]

Intermediary report - client link

I am considering going outside to umbrella (blanket ban) and was reading this thread about using a different agency to avoid triggering any alerts on HMRC.

On researching more - I think the link between the intermediary report and client is in the process of submitting it - Section 3 -> 7 below : What this means for an agent - GOV.UK

The selection must still be saved/linked to the report and hence queryable in some way.

Any thoughts ?

[Newbie5453]

Hi,

I am completely new to contracting world and i am not sure if this is the right place to get an advise/guidance from all of you. My current contract with my client will end by 31 July 2020. I am a bit lost what to do next. Terminate my contract before April? Complete the assignment till July? Any advise would be much appreciated.

[northernladuk]

It was not my client asking me to do more work but me asking them for more so I could get to 5 day's. I did that a couple of times until I got a project where I was asked if I could spent more time on.

That doesn't sound like outside IR35 at all.

[GerBACon]

Leaving completely is the safest option, but one that still doesn't guarantee anything (ie. you can still be investigated as always, but you are not automatically flagged up to HMRC). Did you get an SDS to say that you are inside or is your client simply not bothering with that and pushing everyone into PAYE / umbrella?

Initially I only got told by my agent that my contract post 6th April would fall inside IR35. After that the head of the department wrote me in messenger asking if I have received the news from my agent. Because of that I asked for a meeting to discuss how to move on. In that meeting I was simply told that they would not allow to substitute and that I basically always got told what to do. Which is funny as I am on a 4 day's contract with the option to go 5 day's. It was not my client asking me to do more work but me asking them for more so I could get to 5 day's. I did that a couple of times until I got a project where I was asked if I could spent more time on. Important I was asked and I accepted, nobody told me what to do. Anyway, in the meeting I was asking for the SDS which my client shared with my agent but forgot to share with me.

Once I had received the email with the CEST summary I let my client in writing know that I disagree with their assessment by providing assessment from Qdos. I did not challenge it any further as I wanted my current contract to be terminated by the 3rd April. The rest of the story I told you in my first post.

@all thank you for all your feedback!

[SouWester]

Beh. My current role will be filled by an Infosys bod. I am (hopefully) going permie with client in another BU and completely different project / manager.

It's all guesswork, but I am OK with this level of risk. No flags to HMRC via intermediary report and I believe that if questioned I will be able to demonstrate that I am in a completely different role. Hopefully they will go after easier prey.

[dsc]

Getting off the 'intermediary report' would seem to deny HMRC the capability to do mail-merge 'guilty until innocent' fishing letters.

My contract ends at the end of March. I am not going to renew. So, I will not get an SDS, right?

Seems to depend, some clients are happy to not issue SDSs for contractors who leave end of March, others are just ploughing on regardless.

No idea what the legislations says re SDSs and when they need to be issued, so no idea which approach is correct. Imho it makes sense to get an SDS if your contract rolls on into April, so I'd say that if it expires end of March you are fine, if it carries on for longer but you are leaving before 06/04 then I think you will get an SDS anyway.

[northernladuk]

Getting off the 'intermediary report' would seem to deny HMRC the capability to do mail-merge 'guilty until innocent' fishing letters.

My contract ends at the end of March. I am not going to renew. So, I will not get an SDS, right?

If the role carrys on it will get an SDS which is not good for you. At this point you are just avoiding getting found out.

[SouWester]

No contract no SDC?

Leaving completly is the safest option, but one that still doesn't guarantee anything

Getting off the 'intermediary report' would seem to deny HMRC the capability to do mail-merge 'guilty until innocent' fishing letters.

My contract ends at the end of March. I am not going to renew. So, I will not get an SDS, right?