Originally posted by zoomfwd
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Reply to: IR35 furor amongst the pidgeons
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Previously on "IR35 furor amongst the pidgeons"
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Originally posted by zoomfwd View PostI have an ongoing IR35 investigation and in 14 months the following has happened -
HMRC - send us copies of all your contracts for the last 4 years and can we meet
Reply - here is the contracts for last year, you shouldn't have asked for earlier years at that point in an enquiry and no we wont meet
HMRC - 6 months without a response then please complete this questionaire and give me a contact name at ClientCo
Reply - completed questionaire and 'no you can't have a client contact'
HMRC - not enough info to make a decision, can we talk to the client, have a copy of the upper level contract
Reply - no you can't have a client contact but happy to facilitate the the completion of a 'Confirmation of Arrangements', please send a template in the format you would like to be completed
Sent chasers
HMRC - further requests for meetings with me, the client and a copy of the upper level contract
I have professional representation but this is so frustrating - 14 months and it hasn't really gone anywhere !!
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Par for the course with HMRC and horribly stressful for you.
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Ongoing investigation
I have an ongoing IR35 investigation and in 14 months the following has happened -
HMRC - send us copies of all your contracts for the last 4 years and can we meet
Reply - here is the contracts for last year, you shouldn't have asked for earlier years at that point in an enquiry and no we wont meet
HMRC - 6 months without a response then please complete this questionaire and give me a contact name at ClientCo
Reply - completed questionaire and 'no you can't have a client contact'
HMRC - not enough info to make a decision, can we talk to the client, have a copy of the upper level contract
Reply - no you can't have a client contact but happy to facilitate the the completion of a 'Confirmation of Arrangements', please send a template in the format you would like to be completed
Sent chasers
HMRC - further requests for meetings with me, the client and a copy of the upper level contract
I have professional representation but this is so frustrating - 14 months and it hasn't really gone anywhere !!
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Originally posted by LisaContractorUmbrella View PostSo what difference does the panel think it will make to IR35 'casualties' now the inside/outside question is mandatory on the self-assessment form?
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Originally posted by LisaContractorUmbrella View PostSo what difference does the panel think it will make to IR35 'casualties' now the inside/outside question is mandatory on the self-assessment form?
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So what difference does the panel think it will make to IR35 'casualties' now the inside/outside question is mandatory on the self-assessment form?
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Sorry Escape I think we are talking at cross purposes.
I was making a general point that risk isn't just about probability, impact needs to be considered as well. The college was a example.
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Originally posted by Jessica@WhiteFieldTax View PostEr the college doesn't have a IR35 risk...
I was talking about risk management in general...
Originally posted by Boo View PostThe duration of a contract is entirely irrelevant to whether it is caught by IR35.
BooLast edited by escapeUK; 25 November 2012, 08:35.
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Originally posted by BolshieBastard View PostPoint is, I dont understand how \ why these guys who stay years at a place sleep at night. The only conclusion I can come to is they dont know about IR35 or, hide their head in the sand \ up their arse.
Boo
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Originally posted by adubya View PostI work at a large UK systems integrator (as a permie). In all the years I've worked on projects with contractors they've been effectively an augmentation to the workforce. Taking the same control and instruction from the project managers, having to book/request leave etc etc. Lots of them have been around for years, moving around various projects within the organisation. I would imagine they know what IR35 is (all those I've asked do) but they don't seem concerned about it. I'm not aware that any of them has ever been investigated either.
I know of one who has been at the same client 14 years! HTF can a client keep someone on contractor pay for 14 years? Where is the cost effectiveness in that?
Another contractor ex friend I know used to sneer at me because he was at the same client for about 6 years while I was staying upto 9 months before moving on (deliverables delivered) although at one client I stayed for over 3 years.
TBH, I was having sleepless nights as I knew my contract didnt match the working relationship so in the end decided enough was enough and left.
Point is, I dont understand how \ why these guys who stay years at a place sleep at night. The only conclusion I can come to is they dont know about IR35 or, hide their head in the sand \ up their arse.
Some people will get big tax bills if HMRC's increased investigations workload starts to deliver.
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Originally posted by escapeUK View PostSo your view is that the college would pay the extra tax/penalties/interest? Thats not my understanding. Though it would be sensible if contractor paid his share of NI and disguised employer paid their share in the scenario.
I was talking about risk management in general...
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I work at a large UK systems integrator (as a permie). In all the years I've worked on projects with contractors they've been effectively an augmentation to the workforce. Taking the same control and instruction from the project managers, having to book/request leave etc etc. Lots of them have been around for years, moving around various projects within the organisation. I would imagine they know what IR35 is (all those I've asked do) but they don't seem concerned about it. I'm not aware that any of them has ever been investigated either.
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Originally posted by Archangel View PostI went through an ir35 investigation supported by PCG/qdos which was dropped by hmrc after about 6 months (iirc). A fellow contractor at the same client also had the same experience. They are very worrying and if I had lost I was facing substantial financial penalties.
Originally posted by Jessica@WhiteFieldTax View PostImpact however is high, in terms of tax/penalties/interest.
On that basis I feel it should be high on most people's concerns.
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I went through an ir35 investigation supported by PCG/qdos which was dropped by hmrc after about 6 months (iirc). A fellow contractor at the same client also had the same experience. They are very worrying and if I had lost I was facing substantial financial penalties.
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