IR35 Inside/Outside same supplier and ways of working? What to do?

[dave748]

I think I would’ve heard about it . Links please. Again, these rules have been in place for 4 months and there’s no court to hear it, unless it’s a contractual dispute. I guess you could ask HMRC to open an IR35 case, but I doubt they have very much incentive when the client thinks you’re inside

Somewhere in there, I remember it being big news at the time in contractor circles.

[northernladuk]

If the company does review both contracts I suspect that they will put the other contractor on an inside IR35 contract.

That way both contracts will align.

And then it won't just be the client that thinks he's tulip stirring idiot

[northernladuk]

At what point down this process we don't think exists will your client just bin you? Taking a client beyond their obligations with regard to your status is only going to end one way surely? If you won't make the decision to leave the client will certainly make the decision for you at some point.

[northernladuk]

There are 1100 pages in there. When JB says links please I don't think he means to an 1100 page doc that he is expected to read through to point out that you are probably wrong.

[eek]

That’s Dave Chaplin’s folder of cases which are dated 2001 to 2020 - but we are talking about the new rules that apply from April 2021.

anything that happened prior to April 2021 is completely irrelevant to your situation.

[dave748]

The thing is that the client is in a no win situation here?

Absolutely they are, and they deserve it, we told them last month if they try and push us all inside they would lose many contractors, they smirked at us, so far 50% have walked leaving massive capability gaps. Through their own incompetence, they have put themselves in their current situation and currently I'm one of the unlucky ones, literally paying for it. If I hadn't have found out that another contractor was offered a different determination I would have gritted my teeth and took it but, always in the back of my mind, I would have believed it was wrong. Now they've tripped up I have an opportunity to correct that mistake and do everything in my power to change the determination before I walk.

[eek]

But you don’t have any means of correcting their “mistake” - that’s my entire point

[dave748]

At what point down this process we don't think exists will your client just bin you? Taking a client beyond their obligations with regard to your status is only going to end one way surely? If you won't make the decision to leave the client will certainly make the decision for you at some point.

Well, that will be their choice to make, I'm beyond caring at this point, they have made such a mess of this and other situations that have caused many of us so much stress, if they bin me I almost feel I'll be relieved. Which, is probably telling me I should be looking for other contracts now anyway.

[dave748]

But you don’t have any means of correcting their “mistake” - that’s my entire point

I can't correct it myself true but, I can push them to correct it.

[eek]

I can't correct it myself true but, I can push them to correct it.

How do you think you can do that? you have no means of doing that…