Originally posted by northernladuk
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Reply to: Too late to walk out ?
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Previously on "Too late to walk out ?"
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Originally posted by RobScott View PostDon't worry. millions are in the same situation.
the possibility of invesitigation is 1 in million or something!
So what you should be saying is how many with tweaked, fudged or just downright incorrect SDS's and its 1 in that number no?
How HMRC will kick of investigations is yet to be determined though to be fair.
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Don't worry. millions are in the same situation.
the possibility of invesitigation is 1 in million or something!
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Originally posted by luxCon View Post
Whats that got to do with it !!
When the fraud is done to avoid paying tax, it becomes tax evasion. That is also a criminal offense.
This isn't that hard. Section 2 (Fraud by false representation) and section 7 (Making or supplying articles for use in frauds) of that link are the pertinent parts.
IANALLast edited by Lance; 15 April 2021, 09:33.
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Originally posted by luxCon View Post
Show us where it says its a 'criminal' offense, Until such time I'd say your imagination has run away with it
HTH
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I am walking out, I told them. I wont be billing past 31st March.
thank you all for your support.
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Originally posted by gayab View Post
Hi , I think I misused the word tweak. Let me give you an example. One of the question is if there is a mistake and then there are few options fo what happens. The client replied that they would expect me to fix it during normal time and charge it. So I spoke to them this afternoon, told them that its generous they put it that way, but from my past examples shown them that if there was ever a mistake I fix them in my own time and do not charge for it. I also showed them example of work carried out to fix something I did and did not charge for a weekend. so then the answer to the question changes.
So I would say I discussed the working practices to understand their perception and what do I do. I also explained them that I work in my own time,they do not set my working hours and he agreed in sense that I log off early and then work in evenings and I have never sought permission to do this.
Regards
Nothing changes, you are caught. The only options have been explained to you already.
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Originally posted by gayab View PostIf hypothetically I was to have a conversation with the client to discuss my working practices and they tweak the questionnaire to bring it "Off-payroll working rules (IR35) do not apply", will that work ?
Don't forget also anything you earn going forward now is 30-35% less than it was before. Claiming otherwise is evasion and/or fraud.
That's it. No amount of glitter helps this steaming pile of tulip I am afraid.
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Originally posted by Lance View Post
If they 'tweak' the questionnaire to reflect an untruth that is a criminal offense of fraud. You would be entering a conspiracy to evade tax by fraud.
So I would say I discussed the working practices to understand their perception and what do I do. I also explained them that I work in my own time,they do not set my working hours and he agreed in sense that I log off early and then work in evenings and I have never sought permission to do this.
Regards
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Originally posted by gayab View PostIf hypothetically I was to have a conversation with the client to discuss my working practices and they tweak the questionnaire to bring it "Off-payroll working rules (IR35) do not apply", will that work ?
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If hypothetically I was to have a conversation with the client to discuss my working practices and they tweak the questionnaire to bring it "Off-payroll working rules (IR35) do not apply", will that work ?
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Surely “outcome not determined” still results in being treated as inside as the agency and end client still carry the risk.
I don’t see how it changes anything
Also switching to an umbrella while great (that’s perfect going forward) doesn’t solve anything here
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Thank you all for your replies. I messed up by letting this go past 05th April, the client did the assessment late and I did not even know that they are planning to do it. But I am where I am and I have to look to get out of this in "safest" way possible.
Options are
1. Walk out, dont bill past 31st March. ( that is when my Ltd Co year ends )
2. Agency is sure they can move me on "new" contract with same client from March 21 ( retrospective ) and that can be carried out under Umbrella or PAYE. My concern with this is the "Master" contract still stays same so whats the point ?
3. Get client to tweak couple of answers in the Assessment and get it to the "Outcome not determined" state and carry on .
4. Get client to tweak couple of answers in the Assessment and get it to the "Outcome not determined" state and leave.
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