Public sector contracting

[malvolio]

Word has it that most agencies and departments are happy with external assessments on IR35 status from suitable experts, with very few insisting on having an HMRC review (naming no names but one is based in Glasgow and has a new CEO on the payroll...). As Kate says, it is an evolving situation.

I think getting any renewal to existing contracts fully IR35 reviewed by B&C or whoever would be a sensible step anyway. If some Human Remains wonk then demands an HMRC assessment, you can at least ask "Why?"...

[BolshieBastard]

Word has it that most agencies and departments are happy with external assessments on IR35 status from suitable experts, with very few insisting on having an HMRC review (naming no names but one is based in Glasgow and has a new CEO on the payroll...). As Kate says, it is an evolving situation.

I think getting any renewal to existing contracts fully IR35 reviewed by B&C or whoever would be a sensible step anyway. If some Human Remains wonk then demands an HMRC assessment, you can at least ask "Why?"...

Mal, agencies dont give a flying one about IR35 and that's even if they understand it.

I suspect when you say 'most Departments,' the reality is a few. Those few will sail against the wind until Treasury come down on them by cutting budgets or other means.

This is Government \ hmrc policy we are talking about. Its extremely naive imo to believe Departments will ignore this crusade by Government and hmrc but, be my guest.

[malvolio]

Mal, agencies dont give a flying one about IR35 and that's even if they understand it.

I suspect when you say 'most Departments,' the reality is a few. Those few will sail against the wind until Treasury come down on them by cutting budgets or other means.

This is Government \ hmrc policy we are talking about. Its extremely naive imo to believe Departments will ignore this crusade by Government and hmrc but, be my guest.

That's "Government Agencies", as in FSA, DVA (as was), SLC, etc., etc..... And they not only do understand it, they are being encouraged to apply it as best they can, using whatever criteria they choose. Para 25 of the recent IR35 Forum minutes says:

HMRC confirmed that there is no requirement for any public body to see any document from HMRC, or to come to a 'definitive view' on the application of IR35.The focus of the advice to public bodies is in terms of due diligence and the need to satisfy themselves in general terms, that the engaged contractor is complying with their tax obligations.

HTH

[BolshieBastard]

That's "Government Agencies", as in FSA, DVA (as was), SLC, etc., etc..... And they not only do understand it, they are being encouraged to apply it as best they can, using whatever criteria they choose. Para 25 of the recent IR35 Forum minutes says:



HTH

Perhaps next time then, you can make it clear the distinction between Gov agencies and agencies in the general term we use here?

Im glad you seem to believe what hmrc say. I dont. pcg has had hmrc take their (pcg's) pants down and smack their arsed good and proper in the past.

[LisaContractorUmbrella]

I agree with BB - from the conversations we are having with contractors, it seems that many Gov depts will only settle for evaluation of the business based on the HMR&C tests

[malvolio]

I agree with BB - from the conversations we are having with contractors, it seems that many Gov depts will only settle for evaluation of the business based on the HMR&C tests

The responses I've seen to the relevant FOI requests seem to differ. Perhaps we should wait until everything is in and the overall picture is clear.

[LisaContractorUmbrella]

The responses I've seen to the relevant FOI requests seem to differ. Perhaps we should wait until everything is in and the overall picture is clear.

If HMR&C have anything to do with it, I doubt the picture we have will ever be clear

[BolshieBastard]

The responses I've seen to the relevant FOI requests seem to differ. Perhaps we should wait until everything is in and the overall picture is clear.

Erm, cold day in hell springs to mind!

If HMR&C have anything to do with it, I doubt the picture we have will ever be clear

[malvolio]

If HMR&C have anything to do with it, I doubt the picture we have will ever be clear

Probably why PCG aren't asking them for the answer then.

[BolshieBastard]

Right, got the opportunity of a role with a supplier \ consultancy working for a Government qango.

What is the position re these new IR35 'rules' for contractors working via a 3rd party supplier \ consultancy?

Are you expected to fall into this 'prove you are outside IR35' bollocks or does this only apply if you are hired directly by the Government Department?