Potential merits of a change of agency to the risk of IR35 investigation...

[aligning2020]

Hi. Can somebody please point me in the direction of the thread where this was discussed in some detail please? Can't seem to find it! Many Thanks

[northernladuk]

Use the search method as discussed in the FAQ / welcome section.

In a nutshell use Google and type in
(keywords) site:contractoruk.com/forums

You can narrow this down to an individual part of the forum by expanding the Url down to the actual part of the forum. Probably IR35 Reforms in this case.

It has been discussed but there has been so much crap recently its probably buried.

[northernladuk]

Question you need to be asking is will the client or the handcuff with the original agency allow you to do this. Work that out first before making up unrealistic scenarios to try reduce risk. I'm assuming you are talking about same role, same client and you are just trying to stay of the radar. This is more of a can't be found avoidance rather than reducing the risk of getting nailed when they find you.

[aligning2020]

Thank you. Yes it is an option that I have, that's confirmed. My PSC contract and role at the clientco isn't being renewed by the current agency as the headcount is moving to another country. I have the option to begin a PAYE contract via another agency into the same clientco. It is a similar type of role but in a different business area. Likely downtime of 1-2 weeks in between the two contracts. I'm trying to work out what that does to my current risk of HMRC undertaking an IR35 investigation. Would welcome any thoughts.

[eek]

Thank you. Yes it is an option that I have, that's confirmed. My PSC contract and role at the clientco isn't being renewed by the current agency as the headcount is moving to another country. I have the option to begin a PAYE contract via another agency into the same clientco. It is a similar type of role but in a different business area. Likely downtime of 1-2 weeks in between the two contracts. I'm trying to work out what that does to my current risk of HMRC undertaking an IR35 investigation. Would welcome any thoughts.

You are going via a different agency so move on to a different page on any report.

Equally the end client isn't the issue here as HMRC look at agency information.

I wouldn't say it's zero risk but it's a lot lower than most..

[aligning2020]

Thanks. Current agency has my NI number though. I was under the impression that NI number is the key they use.

[ladymuck]

Thanks. Current agency has my NI number though. I was under the impression that NI number is the key they use.

They can figure you out from your name and DoB. An NI number isn't all that in the grand scheme of things.

Although, saying that, my local GP can't identify me by those details...

[SouWester]

...helping out a follow newbie before the forum barbarians drop in...

Google 'intermediary report'. Speculation is that if HMRC are looking for targets they will use this report. Interestingly, the report does not include any data on the end client, only you and the agency.

Hence eek's comment that changing agency with same client will help keep you clear of the Eye, as they will just see you moving between 'roles'. No red flags. Staying at same agency moving from outside to inside - red flag, as perhaps you were actually inside all along...

If the Eye does see you then whatever position you are in right now is the best you're gonna get. It's already too late to improve the situation. You can make it worse tho by helping HMRC suspect that you might actually be inside right now (e.g. by going permie/inside doing the same job). Don't do that.

They didn't do many people over the last 20 years for IR35, but that's no guarantee that they won't feel compelled to 'prove' that IR35 did meet the revenue targets after all, and go after... YOU!

Lastly, all of the above and most of what you read on this forum is speculation. Nobody actually knows. What you decide to do is largely down to your appetite for risk.

[aligning2020]

Thanks all. Very useful to mull over. What’s the current understanding on what happened with GSK? I’ve read up on what I can on here but it doesn’t seem clear what data The Eye used to select them? Is the assumption that all those contractors stayed with the same agency and simply moved from outside to inside? Or is there any evidence that some went to different agencies, which would therefore indicate they are getting an additional feed of info other than the intermediaries report?

[WordIsBond]

Thanks all. Very useful to mull over. What’s the current understanding on what happened with GSK? I’ve read up on what I can on here but it doesn’t seem clear what data The Eye used to select them? Is the assumption that all those contractors stayed with the same agency and simply moved from outside to inside? Or is there any evidence that some went to different agencies, which would therefore indicate they are getting an additional feed of info other than the intermediaries report?

Nobody moved from outside to inside because that was all pre-April. No one knows how HMRC identified them. Must have come from GSK somehow or other. Either they told HMRC who their contractors were or they told who their agents were and the agents were pressured to tell. No one knows what excuse or pressure HMRC used to get the data.