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

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    #81
    Originally posted by min View Post
    My agency doesnt have my NIN, never asked for it. Nor for my DOB. They pay my LTD. My LTD pays me on PAYE. So there is no direct link between agency and myself. Is the above still valid?
    Ask your agency - they are the ones who should be filling in the Employment intermediaries reporting requirements which is what we know HMRC use to track this stuff.
    merely at clientco for the entertainment

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      #82
      Originally posted by eek View Post
      Ask your agency - they are the ones who should be filling in the Employment intermediaries reporting requirements which is what we know HMRC use to track this stuff.
      I dont know how they can fill that reporting without having my details.

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        #83
        Originally posted by min View Post
        I dont know how they can fill that reporting without having my details.
        Options are:-

        1) They have them and you've forgotten
        2) They aren't filling in the report so don't realise they need to legally do so and provide those details to HMRC.

        We can't know which of those options is the valid one...
        merely at clientco for the entertainment

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          #84
          It's a mess I hate it

          My current client has deemed any future work post 6th April as inside IR35. On top of that they have banned future engagements with PSC's, too. The Agency allows only their 3 top umbrella's which on it self is extremely annoying. Anyway my current Outside IR35 contract will be terminated on the 3rd April. After that they offered me with a new contract for initially 3 month through Umbrella. I was able to negotiate an uplifted rate which give me after all tax a bit more than I have today (Employer NIC and AL will be paid on top of rate negotiated). I also ask to get the role title changed to fall into a different task area but that fell short from current Business Analyst to Technical Business Analyst (). I will try to push for a better option but even if I get that sorted I still feel not 100% comfortable because of the risk of being investigated.

          I was wondering what you think of the above and appreciate any feedback. I am just looking for some other opinions as my agent is not helpful in that space.

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            #85
            Originally posted by GerBACon View Post
            My current client has deemed any future work post 6th April as inside IR35. On top of that they have banned future engagements with PSC's, too. The Agency allows only their 3 top umbrella's which on it self is extremely annoying. Anyway my current Outside IR35 contract will be terminated on the 3rd April. After that they offered me with a new contract for initially 3 month through Umbrella. I was able to negotiate an uplifted rate which give me after all tax a bit more than I have today (Employer NIC and AL will be paid on top of rate negotiated). I also ask to get the role title changed to fall into a different task area but that fell short from current Business Analyst to Technical Business Analyst (). I will try to push for a better option but even if I get that sorted I still feel not 100% comfortable because of the risk of being investigated.

            I was wondering what you think of the above and appreciate any feedback. I am just looking for some other opinions as my agent is not helpful in that space.
            I wouldn't rely on a change of job title. I would be looking for completely different work and role.

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              #86
              Originally posted by GerBACon View Post
              My current client has deemed any future work post 6th April as inside IR35. On top of that they have banned future engagements with PSC's, too. The Agency allows only their 3 top umbrella's which on it self is extremely annoying. Anyway my current Outside IR35 contract will be terminated on the 3rd April. After that they offered me with a new contract for initially 3 month through Umbrella. I was able to negotiate an uplifted rate which give me after all tax a bit more than I have today (Employer NIC and AL will be paid on top of rate negotiated). I also ask to get the role title changed to fall into a different task area but that fell short from current Business Analyst to Technical Business Analyst (). I will try to push for a better option but even if I get that sorted I still feel not 100% comfortable because of the risk of being investigated.

              I was wondering what you think of the above and appreciate any feedback. I am just looking for some other opinions as my agent is not helpful in that space.
              Leaving completly 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?

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                #87
                No contract no SDC?

                Originally posted by dsc View Post
                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?

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                  #88
                  Originally posted by SouWester View Post
                  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.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

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                    #89
                    Originally posted by SouWester View Post
                    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.
                    Last edited by dsc; 24 February 2020, 13:44.

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                      #90
                      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.

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