Reply to: Nixon Williams Response to Summer Budget 2015

[eek]

There is going to be a consultation on this with initial meetings at the end of this month but generally a 'consultation' means that something will happen albeit with alterations whereas a 'discussion' usually means they haven't made their mind up whether to do something or not.

From what I've read (the actual lines and between them) the original theories behind IR35 will apply to this new legislation - HMRC are making the distinction, with extreme and fairly unhelpful examples, between an individual brought in to complete a project because no-one in their existing workforce has the skills to undertake the role and a worker who's recruited to replace or augment existing workers. What's new is that they're relying purely on SDC to make a determination of status (presumably after their failure to make a case in Talentcore Courts aren ) and that they're considering passing tax liability if false claims are made

The fact talentcore is explicitly mentioned within the discussion document was rather enlightening...

[LisaContractorUmbrella]

There is going to be a consultation on this with initial meetings at the end of this month but generally a 'consultation' means that something will happen albeit with alterations whereas a 'discussion' usually means they haven't made their mind up whether to do something or not.

From what I've read (the actual lines and between them) the original theories behind IR35 will apply to this new legislation - HMRC are making the distinction, with extreme and fairly unhelpful examples, between an individual brought in to complete a project because no-one in their existing workforce has the skills to undertake the role and a worker who's recruited to replace or augment existing workers. What's new is that they're relying purely on SDC to make a determination of status (presumably after their failure to make a case in Talentcore Courts aren ) and that they're considering passing tax liability if false claims are made

[BolshieBastard]

I thought this was subject to consultation?

Perhaps engage a better accountancy practice?

[eek]

Admittedly it was a sneaky, last minute change - but it's the job of the well paid professionals to pick up on the finer details - not rely on their customers to point it out to them.

It's not see my comment above...

[PerfectStorm]

NW and SJD share common ownership - both businesses were acquired simultaneously last year by a PE company. The brands remain independent and it is not the case that one owns the other, however we have each used the same budget communication.

Ah - acquisition talk. Hope your CV is up to date...

[centurian]

The consultation document also says "supervision, direction, OR control", not "and", there's a big difference and it's important that our accountants get it right.

https://www.gov.uk/government/upload...n_Document.pdf

Admittedly it was a sneaky, last minute change - but it's the job of the well paid professionals to pick up on the finer details - not rely on their customers to point it out to them.

[eek]

The consultation document also says "supervision, direction, OR control", not "and", there's a big difference and it's important that our accountants get it right.

https://www.gov.uk/government/upload...n_Document.pdf

That was one of the things I picked up at the weekend reading this in detail. While we use and it seems that the correct phrase (as used in tax tribunals) has always been OR....

And its a killer for contractors as its broad enough to make a brand representative telling a sales assistant how to promote a product in the "brands way" their supervisor and for the sales assistant to be subject to supervision...

[Craig at Nixon Williams]

SJD bought out NW a while ago.

NW and SJD share common ownership - both businesses were acquired simultaneously last year by a PE company. The brands remain independent and it is not the case that one owns the other, however we have each used the same budget communication.

[DaveB]

SJD gave exactly the same response, including verbatim words.

Same company now, isn't it?

Yep.

SJD bought out NW a while ago.

[JonNorris@Crunch]

SJD gave exactly the same response, including verbatim words.

Same company now, isn't it?

[unixman]

SJD gave exactly the same response, including verbatim words.

[meridian]

The consultation document also says "supervision, direction, OR control", not "and", there's a big difference and it's important that our accountants get it right.

https://www.gov.uk/government/upload...n_Document.pdf

[Craig at Nixon Williams]

The wording on our update is indeed incorrect in respect to T&S relief – this is simply a proposal and is subject to consultation.

Apologies for any confusion that this has caused.

[eek]

Yes, it is subject to consultation. The consultation document is available from the H M Treasury's website.

And its clear that they either didn't read it or comprehend the impact of the cases quoted...

[Waldorf]

I thought this was subject to consultation?

Yes, it is subject to consultation. The consultation document is available from the H M Treasury's website.