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Recent content by dingdong
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Has anyone actually been investigated?
There are lots of cases of HMRC issuing nudge letters to contractors about their IR35 status (e.g. the 1500 contractors at GSK). Most people keep quiet when HRMC is investigating them hence why you don't see much mention of it on here.... and you only see rich celebrities in the news as other...- dingdong
- Post #17
- Forum: IR35 Reform
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Holding Company
Keeping the money in a holding company or turning your company into an investment company means you'll pay ongoing admin fees, corporation tax on capital gains, and you'll then be taxed when you extract any dividends. You'll also put any future BADR claim at risk if you become more of an...- dingdong
- Post #5
- Forum: Accounting / Legal
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IR35 repealed
The way things are going we might have a new chancellor before any changes in rules would take effect.- dingdong
- Post #78
- Forum: Accounting / Legal
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Offset mortgage
Banks do (from personal experience) conduct checks on large amounts being transferred into an offset mortgage account. They will want to be satisfied about the source of funds even if transferred from an account in your name.- dingdong
- Post #8
- Forum: Accounting / Legal
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Client decides role is inside IR35 but then fails to deduct any taxes
I already appealed including evidence of use of multiple substitutions (along with documentary evidence of their acceptance of substitutes). My appeal was rejected without any reasons being provided. Just goes to show how the whole process is flawed. If you believe an assessment is still...- dingdong
- Post #21
- Forum: IR35 Reform
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Client decides role is inside IR35 but then fails to deduct any taxes
I'm not sure i'd necessarily agree that the money isn't rightfully mine given their incorrect inside rating. Particularly given the email I've also just received asking if I can send my substitute again when i'm away on holiday next week. You couldn't make it up! Anyhow I will now go...- dingdong
- Post #10
- Forum: IR35 Reform
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Client decides role is inside IR35 but then fails to deduct any taxes
OK thanks. I clearly won't spend the money but will wait and see how long it takes them to come and ask me for it. They are so disorganised they might end up paying the tax bill themselves!- dingdong
- Post #5
- Forum: IR35 Reform
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Client decides role is inside IR35 but then fails to deduct any taxes
What would happen in the scenario where a client decided a role was inside IR35 but then failed to deduct any taxes when paying invoices to a contractor's company (no agency involved). Would the client be liable for the taxes and penalties when HMRC come knocking? Would the client have any...- dingdong
- Thread
- Replies: 21
- Forum: IR35 Reform
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What (therotical) actions can contractors take where SDS is wrong
Yes - i'm contracted in the UK to the UK office so there is no overseas complexity Its a multinational with HQ in the US. However all matters related to HR compliance are handled by the US HR team. They don't really use contractors in the UK so this is all new to them. They are unwilling to...- dingdong
- Post #6
- Forum: IR35 Reform
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What (therotical) actions can contractors take where SDS is wrong
So in my fun case I’ve had HR in the USA who don’t know the first thing about IR35 decide I’m inside. This is despite…. Supplying four different people under my contract (including a substitute for 2 months) Working practices confirmed by programme sponsor stating no control or MOO CEST and...- dingdong
- Thread
- Replies: 6
- Forum: IR35 Reform
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What happens if client doesn't respond to SDS appeal in time?
OK thanks that all makes sense. So realistically if a client makes an inside determination and then ignores an appeal and doesn't provide any response at all, there is no remedy in the legislation that would help the contractor (despite the fact someone might have strong evidence they are outside).- dingdong
- Post #8
- Forum: IR35 Reform
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What happens if client doesn't respond to SDS appeal in time?
It was in the "Contractors can challenge IR35 decisions" paragraph on this page... https://www.paystream.co.uk/helphub/ir35/articles/ir35-mythbuster-2-what-happens-if-a-client-deliberately-misleads-an-agency/- dingdong
- Post #4
- Forum: IR35 Reform
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What happens if client doesn't respond to SDS appeal in time?
I've read somewhere that if a client doesn't respond to an determination appeal within the mandatory 45 days then they become liable for the employment taxes an NI (so you'd in effect be considered outside IR35) Is that correct? And if so would it just apply for the period until they did...- dingdong
- Thread
- Replies: 10
- Forum: IR35 Reform
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How long does use of a substitute provide some IR35 protection for?
I've used both a subsitute and a subcontractor this year whilst performing my current engagement. If I now move onto a new statement of work for an additional project for the same client would that use of a substitution be considered part of the same engagement.... or are you effectively back...- dingdong
- Thread
- Replies: 1
- Forum: Accounting / Legal
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CGT Review
If you read the OTS report you can see that ER is also within their sights and their recommendation is that any retained earnings should only be extracted at income tax rates See section 3.79 "One solution would be to tax some or all of the retained earnings remaining in the business on...- dingdong
- Post #9
- Forum: Accounting / Legal
