No IR35 Delay at RBS

[drob1984]

Retro and no PSCs

No one has been deemed inside or outside IR35 at RBS. There have been no determinations. There is no retrospective risk. If there had been determinations, I would agree with you. But there is no risk, RBS has gone for PSC blanket ban so does not have the issue of people being deemed inside IR35

I'm sorry but this is incorrect, I recently left RBS due to the risks of this and their blanket ban of PSCs.
This was well discussed in this thread from page 25 onwards: https://www.contractoruk.com/forums/...d-i-go-25.html

Firstly, they are not making determinations but making anyone who carries on - pay NI as if they are an "employee".
Agencies are reporting back to HMRC your NI number, how much you were paid, NI deductions etc as well as when you or your PSC started providing services to that end-client. How much info you have been provided on this will depend on your agency - there have been large discrepancies on this.
HMRC will see suddenly that you are paying a lot more NI and could retrospectively investigate as to why you were not paying it when previously engaged, albeit via your PSC. (Were you really outside before you went umbrella?)
Did you finish as a Ltd Co on a Friday and come back via Umbrella on the Monday, same role etc?

I agonised over this, but the facts and the evidence suggested carrying on from PSC to Umbrella at the same client introduces a level of risk that would prevent me sleeping at night. I roughly calculated that it would be 1K a month I'd owe HMRC for any retro investigation. Fortunately I was only there for 18 months, but I know others who have made the switch and have been there in excess of 10 or 15 years. So that's at least 150K HMRC could be asking for...

[oliverson]

I'm sorry but this is incorrect, I recently left RBS due to the risks of this and their blanket ban of PSCs.
This was well discussed in this thread from page 25 onwards: https://www.contractoruk.com/forums/...d-i-go-25.html

Firstly, they are not making determinations but making anyone who carries on - pay NI as if they are an "employee".
Agencies are reporting back to HMRC your NI number, how much you were paid, NI deductions etc as well as when you or your PSC started providing services to that end-client. How much info you have been provided on this will depend on your agency - there have been large discrepancies on this.
HMRC will see suddenly that you are paying a lot more NI and could retrospectively investigate as to why you were not paying it when previously engaged, albeit via your PSC. (Were you really outside before you went umbrella?)
Did you finish as a Ltd Co on a Friday and come back via Umbrella on the Monday, same role etc?

I agonised over this, but the facts and the evidence suggested carrying on from PSC to Umbrella at the same client introduces a level of risk that would prevent me sleeping at night. I roughly calculated that it would be 1K a month I'd owe HMRC for any retro investigation. Fortunately I was only there for 18 months, but I know others who have made the switch and have been there in excess of 10 or 15 years. So that's at least 150K HMRC could be asking for...

10 to 15 years!!!!!! Precisely these kind of people that should get ****ed by HMRC in my view.

[GhostofTarbera]

10 to 15 years!!!!!! Precisely these kind of people that should get ****ed by HMRC in my view.

Cuddled ???


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[northernladuk]

10 to 15 years!!!!!! Precisely these kind of people that should get ****ed by HMRC in my view.

We've kind a said that ever since the public sector idea first popped up many years ago. If they could find a system that caught this type of thing andeft the rest of us alone we'd probably be all for it.

[jammer]

Are companies really doing full U turns. It's only been a couple of days. It's taken them 6 months to put this in place so I'm finding the list of U turns on the new site a bit difficult to believe to be honest.

I expect some will but it seems awfully quick for large organisations to have switched back.

I was thinking exactly this. Also with an unprecendented execution of disaster recovery for some as well no doubt.

[jammer]

10 to 15 years!!!!!! Precisely these kind of people that should get ****ed by HMRC in my view.

BOOM!!!! THIS! All day long. F****** it up for everyone else.

[GhostofTarbera]

BOOM!!!! THIS! All day long. F****** it up for everyone else.

This one guy ?

Let’s get him


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[ascender]

This one guy ?

Let’s get him


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I bet I could take a stab at who this guy is! Although I bet anybody who has ever contracted at RBS will say the same - it won't be the same guy, but we all know someone like that....

[KinooOrKinog]

I bet I could take a stab at who this guy is! Although I bet anybody who has ever contracted at RBS will say the same - it won't be the same guy, but we all know someone like that....

I could name at least half a dozen!

[BolshieBastard]

This one guy ?

Let’s get him


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'One guy'? I personally know of two 'contractors' who had been at Virgin Money in Gosforth for 7 and 10 years respectively. They were both so 'part and parcel' of the client they both had allocated parking spaces. There were permies with less 'service' who couldnt get an allocated space at the same time!

Both of them were still at VM two years after I left although I gather they were finally told they had to 'move on' at that point.

When I was at Bank of America and they introduced the 48 weeks maximum stay then leave rule, the rumour was one contractor in the London office who'd been in situ for 10 years and given the news threatened to sue for employment benefits unless he was exempted from the new rule. Not sure if it was just a rumour though.

I know another guy who had been at Santander in Bootle continuously for 6+ years doing the exact same role. Im sure everyone could point to similar instances.