Tagged in Slack as "Contrator inside IR35"

[VirginiaWoolf]

So just now a colleague in the US looked me up in Slack while screensharing, and I noticed that for my end client's US office I'm tagged as "EU Contractor inside IR35". I guess that's wrong on two counts, EU and IR35 It's the IR35 bit that I wanted to question. As a result of the deferral until 2021 I'm outside, so it's factually inaccurate. Setting that aside, should I be concerned that the end client feels it's necessary to identify people in this way? Interested to hear people's thoughts. Thanks.

[GhostofTarbera]

End client does not give a hoot, you are a bod working like a permie


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[vwdan]

If you're marking yourself outside of IR35 I would definitely be concerned.

As a result of the deferral until 2021 I'm outside, so it's factually inaccurate.

Well, no. As a result of the deferral, you continue to be responsible for your own determination and the consequences of it. Whether that means you are inside or outside is a very different question.

[jamesbrown]

Yes, you should be worried in the sense that the client will be questioned by HMRC under investigation so, if they see you as a permie, you'd struggle to convince HMRC (or a tribunal) otherwise, absent some excellent record keeping on your part that showed the reality as being very different.

[jamesbrown]

As a result of the deferral until 2021 I'm outside

And, based on that comment, I'm guessing your record keeping isn't so excellent...

[courtg9000]

I had a similar discussion today about how to categorise contractors. Contractors in my business mean companies taking on sheet piling, catering or cleaning. 68 emails later I am no nearer a resolution with a particularly difficult client.

[VirginiaWoolf]

If you're marking yourself outside of IR35 I would definitely be concerned.



Well, no. As a result of the deferral, you continue to be responsible for your own determination and the consequences of it. Whether that means you are inside or outside is a very different question.

Point taken, badly worded on my part. What I should have said is that the contract with the end client doesn't state that I'm inside.

[VirginiaWoolf]

Yes, you should be worried in the sense that the client will be questioned by HMRC under investigation so, if they see you as a permie, you'd struggle to convince HMRC (or a tribunal) otherwise, absent some excellent record keeping on your part that showed the reality as being very different.

Can you explain "absent some excellent record keeping" - do you mean apart from, not absent? Or what? Thx

[VirginiaWoolf]

And, based on that comment, I'm guessing your record keeping isn't so excellent...

Badly expressed on my part, I should have said that my contract with them does not state inside. It would have done, had the reforms not been deferred.

[VirginiaWoolf]

End client does not give a hoot, you are a bod working like a permie


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I'm definitely just a bod mostly pushing treacle up hill but is it OK to tag people like that? Without informing us, without explaining their reasoning (even if an explanation was all guff)?