But the liability for IR35 shifting to the client has been publicised for the last few years. IR35 itself is of course over 20 years old.
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Using a Limited Company for contracting
Collapse
X
-
-
Originally posted by NotAllThere View PostBut the liability for IR35 shifting to the client has been publicised for the last few years. IR35 itself is of course over 20 years old.
Liability is way more complex to explain.merely at clientco for the entertainmentComment
-
Originally posted by eek View Post
Technically, responsibility for the final decision is what is shifting
Liability is way more complex to explain.Down with racism. Long live miscegenation!Comment
-
Originally posted by NotAllThere View Post
Technically I guess, both responsibility and liability shift - but only because the liability does. If the determination is wrong, previously the contractor paid. Now the client pays.
So no decision or no reasonable care from the end client and its the end client
if the end client generates an SDS and an agency doesn't work with it then it's the agency's responsibility.Last edited by eek; 5 March 2021, 13:22.merely at clientco for the entertainmentComment
-
Originally posted by eek View Post
Again wrong - it depends where the screw up occurs.
It is a technical change, agreed, but an important one.Blog? What blog...?Comment
-
Originally posted by eek View Post
Again wrong - it depends where the screw up occurs.
So no decision or no reasonable care from the end client and its the end client
if the end client generates an SDS and an agency doesn't work with it then it's the agency's responsibility.
In terms of the interest of people on this forum and in terms of the OP's interests, liability further up the chain is largely irrelevant. Except possibly the end client might not insist. It really makes no difference - someone upstream mayt take the risk - it really doesn't matter to who which that is.Down with racism. Long live miscegenation!Comment
-
Originally posted by NotAllThere View PostThe point I was making is that the resposibility and liability for the decision moved away from contractors, and also pointing out to the OP that it's been in the works and known about for a few year.
In terms of the interest of people on this forum and in terms of the OP's interests, liability further up the chain is largely irrelevant. Except possibly the end client might not insist. It really makes no difference - someone upstream mayt take the risk - it really doesn't matter to who which that is.
6th April - start work - yep we think you are outside
May payment from agency (factored invoice April's work)
June payment from agency (factored invoice May's work)
July SDS issued (determining that the contract is inside IR35) just prior to first payment by end client
And the sad bit is that I'm not making this up - while an SDS does need to be provided the deadline for it being provided is no longer the start of the project as it was from 2017 but prior to payment of the first invoice by the end client.Last edited by eek; 5 March 2021, 18:31.merely at clientco for the entertainmentComment
-
The point I was addressing with the OP was not who was liable at the end, but simply that the law has changed so that the end contractor is no longer liable. And that has been known for a few years, so NLUK's comment was not offensive. OP should have known far longer than a few weeks ago.
Your comments were irrelevant to that, although the consequences of the outcome are fascinating and of concern to anyone who thinks they're outside.
I think you've been hanging around lawyers for too long.Down with racism. Long live miscegenation!Comment
-
Originally posted by NotAllThere View PostThe point I was addressing with the OP was not who was liable at the end, but simply that the law has changed so that the end contractor is no longer liable. And that has been known for a few years, so NLUK's comment was not offensive. OP should have known far longer than a few weeks ago.
Your comments were irrelevant to that, although the consequences of the outcome are fascinating and of concern to anyone who thinks they're outside.
I think you've been hanging around lawyers for too long.
But it's a Friday so I'll wander next door and see is Rishi wants a quick coffee and a chat. You may think I'm joking but the new Treasury office is next door to my new office.Last edited by eek; 5 March 2021, 22:38.merely at clientco for the entertainmentComment
-
Originally posted by eek View PostBut it's a Friday so I'll wander next door and see is Rishi wants a quick coffee and a chat. You may think I'm joking but the new Treasury office is next door to my new office.
qhHe had a negative bluety on a quackhandle and was quadraspazzed on a lifeglug.
I look forward to your all knowing and likely sarcastic and unhelpful reply.
Comment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment