Originally posted by m0n1k3r
View Post
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "Changes to DOS: Digital Specialists re IR35"
Collapse
-
-
Originally posted by David71 View PostThe old guidance on DOS for buyers was that 'Buyers can only use the Digital Outcomes and Specialists framework for workers who meet the rules for working off-payroll (known as ‘outside IR35’).'
Looking at the latest buyers guidance today:
'From 6 April 2021 you need to decide the employment status of every worker who operates through their own intermediary, even if they are provided through an agency.
You should communicate your determination using a Status Determination Statement (SDS).'
Leave a comment:
-
When buying from Digitial Outcomes, the public body gets a lot less say in the commercial relationship. So in general, it will always be a B2B payment, within the Ts&Cs that are uploaded with the framework sign off.
What I think that link is saying applies to workers provided in that framework.
So if the service provided is a product, and no workers provided to the client, then it's outside IR35 all the way.
If the service is to provide workers then it will get messy. In this case if the client decides the workers are inside they will have to do the usual with the workers actual monetary remuneration, and the consultancy margin for that worker will have to be paid to the supplier.
I *think*
IANAL
Leave a comment:
-
SDS wasn't a thing (do correct me if I'm wrong) when the IR35 changes were first implement in the public sector. I suspect this could be an aligning of public and private sector rules?
Leave a comment:
-
I was in public sector when it hit and they spent a lot of time looking in to it all before it landed which I was quite surprised at. They then applied it (badly) in April 17, mainly as blanket determinations, and people left in droves. I've been back in PS twice since then and in both cases I was outside and everything was done right. There were inside and outside people on site in both cases.
All in all it looked like they were well aware and applying them to individual roles as required. I don't doubt for one minute it's a mess in the background and all sorts of unfair determinations etc, this is the PS we are talking about here... but they are more than aware and have been applying it since 2017 from what I can see.
I'd say it's just the guidance that has been updated to reflect the changes to it when it hit for the public sector. They've had three years to refine the process so maybe the guidance is just being update to reflect any differences in the approach from when it hit in 2017 to now.
Leave a comment:
-
Changes to DOS: Digital Specialists re IR35
The old guidance on DOS for buyers was that 'Buyers can only use the Digital Outcomes and Specialists framework for workers who meet the rules for working off-payroll (known as ‘outside IR35’).'
Looking at the latest buyers guidance today:
'From 6 April 2021 you need to decide the employment status of every worker who operates through their own intermediary, even if they are provided through an agency.
You should communicate your determination using a Status Determination Statement (SDS).'
Is it me or does it look like the government didn't know IR35 rules were changed for public sector contracts back in 2017 and have only started applying them in DOS this year?
https://www.gov.uk/guidance/digital-...s-buyers-guideTags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: