IR35 minutes from July

[Wanderer]

ANyway they can get this information very easily, since they have access to both personal and corporate returns and iXBRL linkages between them. The question(s) is basically a device to look for potential victims, as in "Ah-hah! You said x but our records seem to indicate y. Care to explain?"...

Sounds like they are trying to slip in a "Have you stopped beating your wife yet?" type question..

[BolshieBastard]

http://www.hmrc.gov.uk/consultations...ins-230712.pdf

Can it be called a 'consultation' when one sides says 'this is how it is!'?

[malvolio]

When they ask if you've operated the legislation, in this case they mean "are you inside".

So are you inside IR35 or an MSC?

It's not up to me to determine if I'm inside. I can make a reaonable guess baseed on adivce recieved and my own knowledge, but it's only a guess and has no legal basis.

ANyway they can get this information very easily, since they have access to both personal and corporate returns and iXBRL linkages between them. The question(s) is basically a device to look for potential victims, as in "Ah-hah! You said x but our records seem to indicate y. Care to explain?"...

[LisaContractorUmbrella]

Even by HMR&C standards that bit is badly worded

[Clare@InTouch]

Answer Yes or No, presumably. MyCo is not a Service company (unless they've managed to define what one of those is) and I have operated IR35 and I am outside its scope to the best of my knowledge. So what's the answer...?

When they ask if you've operated the legislation, in this case they mean "are you inside".

So are you inside IR35 or an MSC?

[malvolio]

"In relation to IR35, it was noted the two part question 6 currently asked on the P35 will be merged into one “Are you a service company who has operated the Intermediaries legislation (sometimes known as IR35) or the Managed Service Companies legislation?”. The question will be embedded into the PAYE regulations for 2013/14 and it will become a legal requirement to answer it on the last return for the tax year."

Hooray! One less completely pointless question to confuse people!

Answer Yes or No, presumably. MyCo is not a Service company (unless they've managed to define what one of those is) and I have operated IR35 and I am outside its scope to the best of my knowledge. So what's the answer...?

[Maslins]

"In relation to IR35, it was noted the two part question 6 currently asked on the P35 will be merged into one “Are you a service company who has operated the Intermediaries legislation (sometimes known as IR35) or the Managed Service Companies legislation?”. The question will be embedded into the PAYE regulations for 2013/14 and it will become a legal requirement to answer it on the last return for the tax year."

Hooray! One less completely pointless question to confuse people!

[LisaContractorUmbrella]

http://www.hmrc.gov.uk/consultations...ins-230712.pdf