Originally posted by mogga71
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If you are saying your end-client has determined you to be caught to be Inside IR35, I don't think it means you are caught on and after April 6th.
Based on that assessment, you are caught now! Today!
This is because, I think, there is no new law coming in force specifying what makes you inside or outside.
That bit of the law is exactly the same as is now.
What changes come April is who makes that determination.
If your client has decided you are inside IR35 and communicated it to you today, then essentially they have invalidated any determination you and probably QDOS et al have done for you, since if client themselves think you are Inside, you are inside.
There is no way you can be Outside today (by your own determination) when your own client says you are Inside now, since there is no way they can mean you are Inside only from 6th April.
All that they are saying is that they will start deducting taxes etc. come 6th April.
Until then if you think you are outside, when the client has already said the contract / Working practices are Inside, I think you are already running a huge risk as of tomorrow continuing with a broken (and possibly invalid) self-determination of Outside.
I am not saying this for just you, it is the case of anyone like you.
I humbly think, what many people think here is that some new law change makes the client determination to be applicable only from 6th April, whilst the possible reality is that their determination today clearly means they have invalidated your current status and self-determination (i.e. even before 6th April).
You should be looking to leave them now. Not on April 6th.
That is my humble opinion, going by the fact that there is no new law with new criteria that says what is inside or outside., That law is exactly same as it is now.
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