No IR35 Delay at RBS

[WavyDavy]

Just looking for others opinions on this, if someone has been deemed inside IR35 yet they're continued to be paid via ltd co or PSC, surely that means HMRC have a perfect case to investigate them for disguised remuneration and impose tax clawbacks and fines for 21/22? Irregardless of whether the legislation has been delayed or not?

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

[simes]

I have to say that RBS are doing what is right for them.

Of course they are. As indeed are all other companies that just blanket-decide not to use contractors.

But, while I feel for clients who have been put in this position, it is not a responsible approach and I hope that, in the fullness of time, their currently self-serving attitude trips them up.

[eek]

Just looking for others opinions on this, if someone has been deemed inside IR35 yet they're continued to be paid via ltd co or PSC, surely that means HMRC have a perfect case to investigate them for disguised remuneration and impose tax clawbacks and fines for 21/22? Irregardless of whether the legislation has been delayed or not?

Yep - that's the point - the client has decided that they don't want substitution, believe there is some Mutual Obligation and want to supervise, direct or control the work. In the client is saying that how can you legimately claim to be outside...

- edit changed stated to decided - as without a determination they have merely decided what they want without formally stating the fact.

[Hanbanthankyoumam]

Just looking for others opinions on this, if someone has been deemed inside IR35 yet they're continued to be paid via ltd co or PSC, surely that means HMRC have a perfect case to investigate them for disguised remuneration and impose tax clawbacks and fines for 21/22? Irregardless of whether the legislation has been delayed or not?

[WavyDavy]

Interesting opinions so far, thank you.

But think for a moment how powerful this group could be if we stuck together...

[eek]

It's time to move into the new reality of contracting.

In many ways this is the best approach - companies know that HMRC will be watching but have flexibility if absolutely essential (and in most cases it won't be as people will fight amongst each over for nothing) to offer outside contracts.

[webberg]

FYI - RBS execs met yesterday to discuss the Government Coronavirus stimulus package, which included helping contract staff by delaying IR35 reforms

The RBS group are about to announce that they are not going to extend the benefit of the delay to contractors, but will instead press on with their IR35 programme regardless. All contractors will still be required to work through an approved umbrella.

Contractors who were hoping that they could navigate this Coronavirus situation by retaining income, taking advantage of tax and VAT arrangements to counterbalance zero-employment rights are now facing the challenge of a two-week notice period, no SSP, no income support etc in unprecedented times.

Shame on you RBS.

I have to say that RBS are doing what is right for them.

If your role there is genuinely inside IR35 and would be outside only if you and they (in reality more likely the agency "advising" both of you) are prepared to close one eye and squint, then RBS carries a risk.

May not be financial for 2020/21 but is reputational and will put RBS firmly in the "to be investigated" pile in April 2021.

RBS (and most other banks) are very slowly rebuilding reputations and a large tax enquiry is not going to do that.

They would rather face the ire of contractors who they know are creatures who find it hard to work together and who they know will be prepared to take on a job which another contractor has turned down on moral principle. In other words, they are counting on contractors being desperate for work. Are they wrong?

It's time to move into the new reality of contracting.

[eek]

FYI - RBS execs met yesterday to discuss the Government Coronavirus stimulus package, which included helping contract staff by delaying IR35 reforms

The RBS group are about to announce that they are not going to extend the benefit of the delay to contractors, but will instead press on with their IR35 programme regardless. All contractors will still be required to work through an approved umbrella.

Contractors who were hoping that they could navigate this Coronavirus situation by retaining income, taking advantage of tax and VAT arrangements to counterbalance zero-employment rights are now facing the challenge of a two-week notice period, no SSP, no income support etc in unprecedented times.

Shame on you RBS.

Sorry but RBS made the right decision - the delay is a fig leaf that changed nothing and RBS clearly want temporary employees..

[WavyDavy]

FYI - RBS execs met yesterday to discuss the Government Coronavirus stimulus package, which included helping contract staff by delaying IR35 reforms

The RBS group are about to announce that they are not going to extend the benefit of the delay to contractors, but will instead press on with their IR35 programme regardless. All contractors will still be required to work through an approved umbrella.

Contractors who were hoping that they could navigate this Coronavirus situation by retaining income, taking advantage of tax and VAT arrangements to counterbalance zero-employment rights are now facing the challenge of a two-week notice period, no SSP, no income support etc in unprecedented times.

Shame on you RBS.