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

[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."

[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

[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

[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!

[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?

[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………

[Lockhouse]

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 thinks it 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………

One way forward which I'm currently mulling over is to say to the client. "Look, I operated outside, I understand that you've effectively blanket assessed, how about you assess me outside, which, by the way is the correct assessment, then I'll resign now and come back as an umbrella". That way, you get the assessment that you need should HMRC ever come calling and the end result is the same for the client. Not great but pragmatic and I get to MVL and am golden for any future enquiry.

[ScottW]

One way forward which I'm currently mulling over is to say to the client. "Look, I operated outside, I understand that you've effectively blanket assessed, how about you assess me outside, which, by the way is the correct assessment, then I'll resign now and come back as an umbrella". That way, you get the assessment that you need should HMRC ever come calling and the end result is the same for the client. Not great but pragmatic and I get to MVL and am golden for any future enquiry.

I'm sure others here will tell us it's not as easy as that.

I wait to see what my Client comes up with...... maybe they have a cunning plan (hopefully not a Baldrick type one)

One huge ball ache, that's what this is, one huge ball ache

[northernladuk]

One huge ball ache, that's what this is, one huge ball ache

That's nothing. Wait till HMRC grabs hold of them and squeezes hard.

[Lockhouse]

Just been assessed inside. Not happy with the way the client has answered some of the assessment questions. Will be appealing and when that obviously fails I'll start looking elsewhere.