Originally posted by northernladuk
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If the reason for change is that the end client no longer engages with PSC or smaller Limited Companies then it has not turned from an outside IR35 gig to an inside IR35 gig. It is important to evidence this, which should be easy enough with a statement from the client stating that they are choosing to no longer engage with PSC/small Limited Companies, along with the same for the agency. The main risk is that the individual may be unable to see the mathematics calculations in the back office and legal advice the client has received. If it mentions that they must now see all PSC/small Limited Companies as inside IR35 and mentions the phrase throughout the advice then the truth is that they are clearly branding everybody inside IR35 and are therefore not engaging with PSCs.
It has altered from the original Ltd Co providing services to the end client, to one in which the end client does not entertain any form of small Limited Company or/and PSC. There are other reasons to use an umbrella company and it's not simply just for inside IR35 gig reasons.
To recognise the distinct difference between the two scenarios is important. For me, if I was this sort of contractor, I would avoid staying at a client who insisted on this change because it suggests a personal relationship - the control of business method. On the face of it there are other possibilities than the gig automatically changing from self business decision to inside IR35 automatically. The main issue here is that half of the posters can barely type basic English, let alone manage a business relationship, and therefore for those people it is best they do not stay at a gig if they are currently using a PSC and wish to stay on the same project/role with the same end client doing much the same tasks.
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