Reply to: Has anyone here been investigated for IR35

[Contreras]

Same here with me. Got a couple here who just say they'll close company down if they get investigated. Nice one.

Pretty sure you can't dodge it that way as it's a personal liability

Exactly...

I'm pretty sure that although IR35 is judged on the individual, the tax liability is on the company.

While this might lead some to the notion of a loophole, what they forget is that company closure requires sign off from HMRC.

[psychocandy]

Am well aware of the overlap and that I can't claim from both and happy to take the stick for it but I have the QDOS and PCG one. A waste of money? A few hundred quid? I don't think so. Makes me feel more comfortable (although as I say arguable due to the reasons mentioned above) so money well spent for me.

Any insurance is a gamble nowadays, particularly when there is little evidence of results, so if I can attempt to protect my home and lifestyle for that amount of money I am in.

Stupid? maybe. Care? not.

I looked into this too. Trouble is if you get investigated you've got to go to QDOS in the first instance. Fair enough because they need to deal with from the start if you expect them to pay out if you lose.

So you cant go with PCG first and then expect QDOS to shell out if you lose.

Which sort of makes PCG coverage a bit pointless for this anyway. Yes, I know theres all the other stuff which malvolio will surely mention.

I looked into Abbey Tax too but thats a bit different. Whereas with QDOS its a case of pay you.re covered while you still pay, Abbey is per contract, and you've got to pay for proper contract review up front, reviews for extensions etc Bit more complicated and works out more expensive than QDOS.

Of course, with QDOS if you stop contracting you still need to pay after you finished until you're sure HMRC arent going to chase you any longer. Not so with abbey.

[northernladuk]

The poll results look like a penis.

You need to go to a doctor. That's not a colour scheme you want to see down there.

[northernladuk]

So what sort of insurance have you got in place NLUK?

Am well aware of the overlap and that I can't claim from both and happy to take the stick for it but I have the QDOS and PCG one. A waste of money? A few hundred quid? I don't think so. Makes me feel more comfortable (although as I say arguable due to the reasons mentioned above) so money well spent for me.

Any insurance is a gamble nowadays, particularly when there is little evidence of results, so if I can attempt to protect my home and lifestyle for that amount of money I am in.

Stupid? maybe. Care? not.

[Robinho]

The poll results look like a penis.

[malvolio]

So what sort of insurance have you got in place NLUK?

I pay for PCG plus but, of course, that only pays for legal rep not the fines. I have toyed with the idea of QDOS but it doesnt fit well with PCG coverage which I prefer.

(if you want QDOS to pay out you've got to contact them straight off when you get notified - fair enough).

But if it worried me that much, I'd go for QDOS because, apart from the hassle, you aren't worried even if you lose cos QDOS will stump up.

I did hear though that QDOS had NEVER had to pay out by losing someones IR35 case. Not sure if this is true.

QDOS haven't. Neither have Abbey Tax who do a similar deal for PCG members. The trick is that with good representation from the start and sensible working practices, the question won't arise.

And nobody's ever been charged penalties, worst case is a claim for the unpaid tax and interest

[psychocandy]

Worries me, I don't want the hassle and the measures we have in place are largely untested and when it happens it appears to be pretty stressful. I don't worry to the extent I can't sleep, just one of those things hanging over you that is a constant battle. Maybe worry is the wrong word. Should you stay vigilant is a better question I guess.

So what sort of insurance have you got in place NLUK?

I pay for PCG plus but, of course, that only pays for legal rep not the fines. I have toyed with the idea of QDOS but it doesnt fit well with PCG coverage which I prefer.

(if you want QDOS to pay out you've got to contact them straight off when you get notified - fair enough).

But if it worried me that much, I'd go for QDOS because, apart from the hassle, you aren't worried even if you lose cos QDOS will stump up.

I did hear though that QDOS had NEVER had to pay out by losing someones IR35 case. Not sure if this is true.

[psychocandy]

Pretty sure you can't dodge it that way as it's a personal liability

Exactly...

[northernladuk]

I have a reasonable understanding of IR35, and have taken steps to be outside it. But I don't really know if I AM outside it. But if the insurance pays out everything to do with the tax, including any back tax, do I need to be worried and if so why?

Worries me, I don't want the hassle and the measures we have in place are largely untested and when it happens it appears to be pretty stressful. I don't worry to the extent I can't sleep, just one of those things hanging over you that is a constant battle. Maybe worry is the wrong word. Should you stay vigilant is a better question I guess.

[Troll]

Same here with me. Got a couple here who just say they'll close company down if they get investigated. Nice one.

Most never heard of the PCG..

Pretty sure you can't dodge it that way as it's a personal liability

[KentPhilip]

You have the fully monty with QDOS? £360 or whatever it is?

Yes

[psychocandy]

I have a reasonable understanding of IR35, and have taken steps to be outside it. But I don't really know if I AM outside it. But if the insurance pays out everything to do with the tax, including any back tax, do I need to be worried and if so why?

You have the fully monty with QDOS? £360 or whatever it is?

[psychocandy]

On my last gig, me and another contractor were out having a cig and discussing both of our IR35 investigations, when out pops a contractor (an old timer at that) who's been at that Client Co seven years. He then tells us that he's IR35 proof 'because HMRC are scared of his accountant'. ******' spangle. He couldn't be convinced otherwise. He reckoned it didn't apply to him because he'd never been perm and his 'accountant could just sort it out anyway'.

Some people don't live in the real world.

LOL. thats so funny...

[psychocandy]

You seeing why I get so upset now??? There are 30 + contractors on our floor and I speak to 5 of them about IR35. The rest range from being vaguely aware but they 'have insurance' to the other 15 that are ex employees of the client, waited 3 months as per their contracts before returning as 'contractors' and don't have a clue. 2 of them have been using a brolly for 2 years as it's too much hassle doing a LTD. It beggars belief.

Problem is I am that person with the tulipty luck that out of all 30+ within eyesight I will be the one that gets investigated

Just spending time in the prof forums convinces me that this isn't just my client.

Same here with me. Got a couple here who just say they'll close company down if they get investigated. Nice one.

Most never heard of the PCG..

[fullyautomatix]

Funnily enough I had some texts from her today. Around 8. (that's 8 texts, not 8 o'clock).
No I'm not still with her really. She talks too much. And I've never actually met her outside her bedroom, so I think she's not very interesting or adventurous..

Well, dont let her open her mouth, just stuff it with something.