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

[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!

[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.

[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.

[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 ?

[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.

[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!!

[SouWester]

Anyone currently self-declared as outside is at risk of an HMRC investigation. To summarise this and other threads, given the large number of targets post-April HMRC are most likely to go for low hanging fruit first - the lowest and juiciest is outside>inside same agency.

These are the zombitractors who are all: "what's the big deal I'm just going inside, suck it up crybabies" (I just made that word up, I think).

You are not one of those so you are already ahead of the game. I am moving role specifically to reduce risk of a painful mail-merge investigation.

Lastly, it's all speculation, and what you decide is based on how much rick you are willing to accept.

[SouWester]

I like it so much I'm going to add a definition.

Zombitractor: a contractor currently working as self-assessed outside, who takes an inside contract post-April with same role/client/agency without assessing the risks of doing so.

This is a pejorative term. Happily, by definition anyone on this forum is unlikely to be a zombitractor so we can use it here without offending each other (peace, bruh). It may be used in these forums to goad or belittle others, if that's your jam (peace off, bruh).

Please contact me for licencing to use this term. Pricing: 5 Euro per 100 uses.

[revcrocket]

I am contracting via an agency at a big company. By and large they have banned the use of PSC's and had the Agency submit notice on all contractors Ltd company's to end in a few weeks, with the option given to leave, go PAYE with the agency or go PAYE with the end client. On the plus side they haven't given anyone a formal inside IR35 determination, just that they no longer will engage Ltd companies. (They have made an exception for a few folk on a project that is due to go live in May and allowed them to continue operating outside IR35)

I had made my decision to leave largely due to reasons already covered within this forum.

This morning a curve ball was thrown where the interim CIO asked for a meeting and said his consultancy, which already provides Project/Programme management resource to my existing end client, would like to take on my Ltd company, but to provide my services to the same end client that I already have. I will obviously get a QDOS check done on the contract when i receive it, but does anyone see a problem with this given its the same end client, albeit whereas a recruitment agency hired my company until now it would now be a consultancy?

The consultancy has existed for a number of years and meets the small business exemption of turnover of £10.2m or less;
£5.1m or less on its balance sheet; or 50 employees or less. (the end client obviously doesn't) which i believe means I can certify myself outside/inside rather than relying on them regardless, please correct me if I am wrong on this, but also does the fact its the same end client potentially cause problems?

And thanks in advance for advice!

[eek]

more than I would have wrote - especially not including agency names

Depends on what the end client (retailer says) but given the interim CIO is involved it sounds acceptable and achievable just as dodgy as hell.

How is he proposing to get round your agency's handcuff clause?