Background:
In risk mitigation mode now, cant afford to not work, warchest sunk into another venture that will take time to bear fruit and client has blanket assessed everyone as inside, despite QDOS assessment of contracts as outside. Been there a while, and I've challenged the assessment with a lot of data, but not hopeful of a positive result. Cant find any other contracts or perm positions, so looks like I'll have to transfer to inside via Agency, Umbrella or Ltd. Suggests a High risk of investigation..... (!) but cant see any way to avoid it unless a miracle happens in the next 2 weeks.
My thoughts are:
Request a new contract from the agency, with a new company name (I do have other companies registered that I can resurrect very quickly as they are currently dormant), to go live with the new contract from 01-04, pay up VAT and PAYE etc... at the end of March and advise HMRC that current company no longer has any employees, then leave the current company dormant for 3 months and get it struck off, as it has no assets and no liabilities. Neat and clean: due diligence has been shown with the current contract, I've stuck to working as a contractor - no attendance at company meetings / management events, no appraisals, no direction or control, no working on non-project specific activities and so on, challenged the SDS, and then cancelled the contract when the hypothetical contract got changed.
Is that enough to avoid retrospective and maintain the corporate veil?
Or just go brolly and do the same, but without a new co.?
What a mess.
In risk mitigation mode now, cant afford to not work, warchest sunk into another venture that will take time to bear fruit and client has blanket assessed everyone as inside, despite QDOS assessment of contracts as outside. Been there a while, and I've challenged the assessment with a lot of data, but not hopeful of a positive result. Cant find any other contracts or perm positions, so looks like I'll have to transfer to inside via Agency, Umbrella or Ltd. Suggests a High risk of investigation..... (!) but cant see any way to avoid it unless a miracle happens in the next 2 weeks.
My thoughts are:
Request a new contract from the agency, with a new company name (I do have other companies registered that I can resurrect very quickly as they are currently dormant), to go live with the new contract from 01-04, pay up VAT and PAYE etc... at the end of March and advise HMRC that current company no longer has any employees, then leave the current company dormant for 3 months and get it struck off, as it has no assets and no liabilities. Neat and clean: due diligence has been shown with the current contract, I've stuck to working as a contractor - no attendance at company meetings / management events, no appraisals, no direction or control, no working on non-project specific activities and so on, challenged the SDS, and then cancelled the contract when the hypothetical contract got changed.
Is that enough to avoid retrospective and maintain the corporate veil?
Or just go brolly and do the same, but without a new co.?
What a mess.
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