Originally posted by Patrick@Intouch
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Should we be worried about retrospective claims?
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'CUK forum personality of 2011 - Winner - Yes really!!!! -
Originally posted by simes View PostWhile this question has been raised and answered numerous times,
Could you link some examples?
I wonder, and have voiced elsewhere, that if the HMRC wanted to bring about a retrospective claim, and you/one/we all have the necessary legal insurance in place to tackle such, that in court, with the 'right thinking minds' that have won for contractors the lion's share of IR35 related court cases, this would be an opportunity to show clients just how easy it is to win cases with IR35.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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JtB off topic tedious chuntery incoming in 10... 9 ...'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostBolded bit - Absolutely you should. The cost and stress of getting there, win or no win will be highly unpleasant. I'll bet if they do start spamming investigations, even with the knowledge it might be beatable there will be some terrible personal fall out as per the loan charge. Not worrying about retro investigations because an SDS might be pulled apart is very foolish.
Conversely, HMRC may realise that they need outside IR35 contractors to get any work done...I'm not fat, I'm just fluffy.Comment
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Originally posted by northernladuk View PostJtB off topic tedious chuntery incoming in 10... 9 ...Originally posted by BR14oh, no, it isn't!!
checkout the Who's been banned thread
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Originally posted by northernladuk View PostBolded bit - Absolutely you should. The cost and stress of getting there, win or no win will be highly unpleasant. I'll bet if they do start spamming investigations, even with the knowledge it might be beatable there will be some terrible personal fall out as per the loan charge. Not worrying about retro investigations because an SDS might be pulled apart is very foolish. QDOS have the ability to walk away from this if they don't like it. Where will that leave you? But that said, the question on the situation..
I think the bottom line is that if the SDS has been put together with some level or reasonable care and attention it stands in a very strong position. It may even trump working practices, particularly at the beginning as it's the framework they expect the role to meet. In the early days with little evidence of the new engagement it will probably be the baseline. To go to FTT you are going to have a very solid case to be spending that amount of time and effort to get there. Complaining you can WFH, you don't think you are under D&C etc are very tenuous when you are faced with a case like this and QDOS would have to agree else they'll drop the case.
It wouldn't show it's flaws as such, it would open areas that would have be investigated and argued, albeit from a particularly weak point that you don't think it's fair or that your working practices have flexed a little to suit you. That doesn't mean the SDS isn't invalid.
We've repeated the mantra that the risk is on the client as it is their SDS and that is our protection going forward. We can't flip that 180 when it suits us to then say SDS doesn't mean anything when it suits us. I think a case where an inside SDS is challenged and loses sets a very dangerous precedent where HMRC will want to look at outside ones. The risk is with the client? If this starts falling apart I find it hard to believe we will come out unscathed.
If this ever gets to FTT then you've lost already to be fair. The time, effort and stress will be very uncomfortable. Your only defence is that the FTT will have to dig through the minute detail to find some flaws that may or may not be enough to turn the case in your favour is tenuous at best. Will QDOS et al be supporting you this far even?
It's an interesting question and one that is very likely to happen. I really don't think there is anything tangible we can say that will help alleviate the amount of risk to help anyone that is in this position. If anything it scares me even more now you've mentioned it.
Originally posted by northernladuk View PostWe've repeated the mantra that the risk is on the client as it is their SDS and that is our protection going forward. We can't flip that 180 when it suits us to then say SDS doesn't mean anything when it suits us.
Other than that, can't argue with anything you've put!Last edited by SimonMac; 18 February 2020, 10:29.Originally posted by Stevie Wonder BoyI can't see any way to do it can you please advise?
I want my account deleted and all of my information removed, I want to invoke my right to be forgotten.Comment
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'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostI don't think this is the case. Simon is talking about when an HMRC investigation lands on your mat. You are well passed the challenges with the client at this point.Comment
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Originally posted by Patrick@Intouch View PostAccepted, but the point is to not wait until that point and challenge an SDS now if it's not worth the paper it's written on. If you receive an SDS and disagree with it, doubting reasonable care and believing that it's worthless but then accept the terms anyway, that feels like it might weaken any future objections!Originally posted by Stevie Wonder BoyI can't see any way to do it can you please advise?
I want my account deleted and all of my information removed, I want to invoke my right to be forgotten.Comment
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Originally posted by SimonMac View PostThe appeal to my SDS has already been submitted'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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