Will being caught by IR35 changes be back-dated in an ongoing contract?

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!

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.

northernladuk replied

8 March 2017, 17:11
Originally posted by centurian View Post

Legally - not automatically. There was a judgement which showed that someone "because inside IR35" at a certain point. So the concept of being outside IR35 then inside has been proven in court.

Will that apply to simply signing a new contract and/or will it stop HMRC from trying it on anyway...

Not proven but if the client admit they expect D&C and no RoS etc going forward your using those as historic defense is going to be very difficult. I don't think relying on anything in the past is a safe place here. This is new ground.
Leave a comment:
centurian replied

8 March 2017, 17:08
Legally - not automatically. There was a judgement which showed that someone "because inside IR35" at a certain point. So the concept of being outside IR35 then inside has been proven in court.

Will that apply to simply signing a new contract and/or will it stop HMRC from trying it on anyway...
Leave a comment:
LondonManc replied

8 March 2017, 16:52
Originally posted by MrMarkyMark View Post

I look at it differently, by signing a new contract for the same role you are pretty much admitting it was inside all the time...

+1 - the rev will simply ask "what's changed?"

If nothing, brace yourself.
Leave a comment:
MrMarkyMark replied

8 March 2017, 16:45
Originally posted by willendure View Post

So I've been working in public sector for 12 month outside of IR35. If the public sector body were to now decide that I am inside IR35, would that trigger an IR35 investigation that could lead to me being back-dated for the last 12 months?

I guess no-one knows for sure, but do you think it is likely?

I look at it differently, by signing a new contract for the same role you are pretty much admitting it was inside all the time...
Leave a comment:
barrydidit replied

8 March 2017, 16:42
Leave a comment:
willendure started a topic Will being caught by IR35 changes be back-dated in an ongoing contract?

8 March 2017, 16:40
Will being caught by IR35 changes be back-dated in an ongoing contract?

So I've been working in public sector for 12 month outside of IR35. If the public sector body were to now decide that I am inside IR35, would that trigger an IR35 investigation that could lead to me being back-dated for the last 12 months?

I guess no-one knows for sure, but do you think it is likely?
Tags: ir35