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!
I take it they just declare "inside" or "outside" rather than for example "blanket inside"?
I guess effectively you need out before they make a determination?
I recall for the public sector event, it was advised / essential to be out of the contract, invoice sent and paid before 5th April, otherwise any payment made after that fell subject of the new IR35 ruling.
Have i recalled that correctly? Is that the case for April next year?
ie, if someone...
Coupled with the probability of getting an HMRC investigation (very low).
And if thats the worst "crime" they find if you do investigate you, then great :)
You would then point them to what is tax deductable by their own rules - which is travel from your office / home office to where the client requires you to be.
However that doesnt factor in that you WILL pay Employers National insurance @ 13.8% and Apprenticeship levy @ 0.5% out of your day rate and also fees to an umbrella company if you're inside IR35.
The employee will also get holiday pay and sick pay, an inside IR35 "employee" wont.
Holiday pay...
Whilst its all down to interpretation, the "reason to suspect" refers to fraud and criminal behaviour, not just a general "reason to suspect" they might get some money out of you.
None of your suggested interpretations suggest fraud or criminal behaviour.
So lets say HMRC investigate someones IR35 practices within their PSC, they go through due process and come to the conclusion you should have been declared inside IR35 and been taxed accordingly.
So basically they've went through this process -
https://w...
Sorry - my question was - has anyone ever seen a client insist you use a particular accountancy firm from their approved list, and not engage with you if you dont use them?
Ok, theres a forum thread running on another forum and a lady on there is insistent that her husband has - for his first contract - with a particular client not only use a particular agency (fair enough), and if he uses an umbrella company it has to be a specific approved list (ok, maybe, but...
Originally deemed outside, however theyall contractors 24th March with a view to re-issuing formal outside of IR35 contracts from the 6th April. Unnecessary.
Yesterday they've decided everyone is IN and they've issued the roles to the agencies to recruit people...
Totally banal.
Are we waiting today on the publication of the new legislation and if so, will this impact the IR35 online tool, which i notice is still sitting as BETA?
The test is a moot point for me anyway - the client are taking the lazy option of deeming everyone in....
So overturning that for individuals is going to be an uphill battle.
It doesnt state a deliverable, however my role has effectively a sole deliverable. If the client wasnt happy with what i had done / was doing, they'd expect me to fix it. I'm there for my experience and to get it right.
We're there as a project to deliver a new system. I'm designing...
I'm building a database, based on data gathering. If it was catastrophically wrong and not fit for purpose then yes, i would be expected to put it right.
It might not take me months, but yes, i'd have to make it fit for purpose and the client wouldnt expect to pay.
So noone can really hand on heart use the RoS as a get out clause?
The next one of real significance seems to be Quality of Work and who puts it right?
My contract says i have to at my own expense, which if i'm being honest is how it would be. If i made a catastrophic mistake with the...