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

[CompoundOverload]

If you get an outside determination then you can stay, no guarantee that HMRC won't come after you, but that was always there. At least you won't have to answer any awkward questions like "so you say you were outside all this time and now suddenly your client says you are inside? Interesting...".

This would be the only time I would be confident taking them head on.

Letter arrives - simply respond back by showing them the client SDS and as a Brucie bonus the fact you also have IR35 tax insurance too.

[dsc]

Thanks for everybody's input.

Interesting to read everybody’s takes on it.

Still waiting for Clients approach.

....... but having read comments here, unless Client comes up with something which guarantees last 2.5 years cannot be got at by the vile HMRC .... then the decision is made.

I’m outta there come April .... Just not worth the retrospective tax risk.

If you get an outside determination then you can stay, no guarantee that HMRC won't come after you, but that was always there. At least you won't have to answer any awkward questions like "so you say you were outside all this time and now suddenly your client says you are inside? Interesting...".

[northernladuk]

Thanks for everybody's input.

Interesting to read everybody’s takes on it.

Still waiting for Clients approach.

....... but having read comments here, unless Client comes up with something which guarantees last 2.5 years cannot be got at by the vile HMRC .... then the decision is made.

I’m outta there come April .... Just not worth the retrospective tax risk.

Which they never will. The past determinations are absolutely nothing to so with the client.

[ScottW]

Mulling in over....

Thanks for everybody's input.

Interesting to read everybody’s takes on it.

Still waiting for Clients approach.

....... but having read comments here, unless Client comes up with something which guarantees last 2.5 years cannot be got at by the vile HMRC .... then the decision is made.

I’m outta there come April .... Just not worth the retrospective tax risk.

[CompoundOverload]

It will never avoid the risk of reto checks. It will reduce the risk of getting found and then losing.

Important to not underplay this risk.

Agreed - Avoid should have been "reduce"

[northernladuk]

If going outside to inside, irrespective of the client (existing or new) you should not use the same agency (who report to HMRC) if you want to avoid risk of retro checks.

It will never avoid the risk of reto checks. It will reduce the risk of getting found and then losing.

Important to not underplay this risk.

[CompoundOverload]

So HMRC get their information from agency reporting. So in terms of the risk of popping up on HMRC's hit list is there a difference between?:

Client A outside> Client A inside - (different agent)

Client A outside> Client D inside - (different agent)

If going outside to inside, irrespective of the client (existing or new) you should not use the same agency (who report to HMRC) if you want to avoid risk of retro checks.

[eek]

So HMRC get their information from agency reporting. So in terms of the risk of popping up on HMRC's hit list is there a difference between?:

Client A outside> Client A inside - (different agent)

Client A outside> Client D inside - (different agent)

Nope, this entire point is that you don't want to appear on the agency reports so it's better if you don't wish to be on that report to shift agent than shift end client...

Which is what S3 group did when the public sector changes were made - all contracts inside IR35 were moved to a different agency within the group.

[Blencathra]

So avoid the same agency for whatever your next move is, simps.

Client A outside> Client A inside - (same agent) AVOID!!

Client A outside> Client B inside - (same agent) AVOID!!

Client A outside> Client C inside - (same agent) AVOID!!

Client A outside> Client D inside - (different agent)

So HMRC get their information from agency reporting. So in terms of the risk of popping up on HMRC's hit list is there a difference between?:

Client A outside> Client A inside - (different agent)

Client A outside> Client D inside - (different agent)

[min]

Agency's have a legal requirement to send a report to HMRC for all people they supply who they do not pay directly....

That information includes start date of contract, your NI number, the days worked and amount paid and the company the money was sent to..

Interesting. So does that mean it is the same if the client bans PSCs?
You could be deemed employee of the agency for periods before 6 April if you keep working with the same agency post 6 April?


PS know someone who became client's employee from an outside contract via agency.