I was going to hand in my notice but I need to bounce my thoughts - Outside to Inside

[BlueSharp]

It sounds like you have a stack of evidence to fight a reto claim, therefore if I was in your position I would do the same. All down to your appetite to risk and it sounds like you have done due diligence and have a very good chance of fighting a retro investigation. If one was to come your way.

[abz2020]

I am in the same situation.

LTD contract now clearly outside (both wording and WP): no SDC, Sub allowed (never used), can take on other clients. And I have 2 more separate contracts running alongside this one. One is kind of dormant, the other is active with payments received. I will ask the end client to sign the QDOS WP questionnaire as well.

With PSC banned, been handed a new PAYE contract with all clauses about holidays, SDC, sick pay etc. With the same intermediary via an umbrella.

Brain fused, I dont know if this bears high risk of retro investigation or just the usual risk (there is always A risk).

What is the consensus here?

Is it worth buying any IR35 insurance now? How do they work?

[northernladuk]

Is it worth buying any IR35 insurance now? How do they work?

To get cover for the past it isn't and they won't.

Could be wrong of course.

[abz2020]

To get cover for the past it isn't and they won't.

Could be wrong of course.

Yeah, that's the point - to get cover for the past. Actually the B2B contract is still running.
Never had IR35 insurance, do the work as long as the respective contact is on?

[Vortigan]

Previous IR35 Status

Hi,

I have had contractors in the public sector for years and now support a large private sector client with a range of services, some of which involved IR35. What is happening is painful for a lot of people but as quite a few of us realise, it was on the cards for a while.

As I understand it, there will be no retrospective IR35 claims by HRMC and a line in the sand is drawn from the start of the new legislation. I don't know for sure but as I have never seen this written down by the HRMC but this comes from a few reliable sources so I am confident it is correct. There would be no point in going back to claim from previous years as its expensive and the last thing the HRMC would want to do it start a whole load of test cases against the new legislation. They will leave that to the contractors at their expense and it is inevitable.

Can the company you provide a service too claim any loses incurred back from you if they are found to have bent the rules? That is the real point and its an interesting attempt of shifting the responsibility back to the contractor but I would think it is foolish of them. The law clearly states they have to make the decision and one contract will not be isolated from the other in a court of law so I think you are in quite a nice position and your client is being daft. I don't see it catching on with other companies as they are applying a very basic logic and would get ripped to shreds by a competent law professional. You cant make up your own laws to do away with another one. Something has to give in that equation.