Reply to: Help - IR35 has wrecked my brain

[WordIsBond]

I think it means he forgot he's in the professional forum.

[MHPPM]

(cough)

I don't even know what that means

[northernladuk]

Sorry I don't follow what you are saying - maybe I am the illiterate buffoon.

(cough)

[MHPPM]

(cough)

There is no such thing as IR35 complaint by the way.

If you want to get your head around this, which you will need to do, I'd suggest you start with the IR35 guides to the right. Get the basics and then move on to the new legislation. It should become alot clearer.

Sorry I don't follow what you are saying - maybe I am the illiterate buffoon.

[jamesbrown]

There is no such thing as IR35 complaint by the way.

Sure there is, the draft legislation allows for "complaints".

Dear Client, I hereby complain...

[northernladuk]

Thanks, Yes it's a faceless Inbox manned by illiterate buffoons..

(cough)

There is no such thing as IR35 complaint by the way.

If you want to get your head around this, which you will need to do, I'd suggest you start with the IR35 guides to the right. Get the basics and then move on to the new legislation. It should become alot clearer.

[jamesbrown]

Thanks, I think the formal SDA will come in the next 2 to 3 weeks along with the new proposed contract - not sure if getting this makes things worse or not? Also when you say "I would be more concerned about refuting that, which is still within your control" - you mean in the future if anything transpires like an investigation?

Probably not, except superficially. The client's opinion matters, and the SDS just formalises that. It would matter if you accepted the SDS and continued inside post April, but you're not going to, as I understand it.

On the latter, yes, in the event of a future investigation, HMRC and the client (presumably) will be against you, but the evidence will support you; that is about the best you can do now.

[LondonManc]

Thanks, Yes it's a faceless Inbox manned by illiterate buffoons..

Spoke = phoned?

[MHPPM]

Not overly concerned in the sense that the extra risk is just the extra time/tax exposure (which you've mitigated by conducting due dilligence), and you aren't proposing to hang around for much longer.

Sure, I would be concerned that they aren't supportive (of your status at any time). But I would be more concerned about refuting that, which is still within your control. If you hadn't done the due diligence on this contract in advance or if you were proposing to stick around for a lot longer, I might given you a different answer (i.e., run now), but the damage is already done w/r to the client's view of your status.

Thanks, I think the formal SDA will come in the next 2 to 3 weeks along with the new proposed contract - not sure if getting this makes things worse or not? Also when you say "I would be more concerned about refuting that, which is still within your control" - you mean in the future if anything transpires like an investigation?

[MHPPM]

Have you spoke to them about your current predicament? I'd imagine you wouldn't be anywhere near the first contractor to approach them about this.

Thanks, Yes it's a faceless Inbox manned by illiterate buffoons..

[LondonManc]

Thanks, QDOS would just be reviewing a contract they have already passed as Compliant. I hear they are planning a new contract that works before and after 6th April - not sure how they will pull that trick!!

Have you spoke to them about your current predicament? I'd imagine you wouldn't be anywhere near the first contractor to approach them about this.

[jamesbrown]

Thanks again. So you wouldn't be overly concerned about extending the current contract even with the knowledge of knowing the client is not supportive of my Outside determination?

Not overly concerned in the sense that the extra risk is just the extra time/tax exposure (which you've mitigated by conducting due dilligence), and you aren't proposing to hang around for much longer.

Sure, I would be concerned that they aren't supportive (of your status at any time). But I would be more concerned about refuting that, which is still within your control. If you hadn't done the due diligence on this contract in advance or if you were proposing to stick around for a lot longer, I might given you a different answer (i.e., run now), but the damage is already done w/r to the client's view of your status.

[MHPPM]

Just retain that alongside as much physical evidence of your working practices that support it. It sounds like the client has issued a Mickey Mouse opinion that doesn’t address your working practices. Obviously, you should assume that your client would not be on your side under investigation, which is a not a trivial risk, but the reality matters more, so document it. Then plan to reject any extension under different terms and ensure you are paid by 3 April for any work under the existing terms.

Thanks again. So you wouldn't be overly concerned about extending the current contract even with the knowledge of knowing the client is not supportive of my Outside determination?

[jamesbrown]

Thanks, QDOS would just be reviewing a contract they have already passed as Compliant. I hear they are planning a new contract that works before and after 6th April - not sure how they will pull that trick!!

Just retain that alongside as much physical evidence of your working practices that support it. It sounds like the client has issued a Mickey Mouse opinion that doesn’t address your working practices. Obviously, you should assume that your client would not be on your side under investigation, which is a not a trivial risk, but the reality matters more, so document it. Then plan to reject any extension under different terms and ensure you are paid by 3 April for any work under the existing terms.

[MHPPM]

Pretty much in the same boat but have not yet received confirmation of the Clients IR35 review (99% sure to be inside). Contract runs out 28/2/20. Client suggesting another Contract role leading to possible Perm position on greatly reduced income. And I'd have to apply
I'm walking. Need some time out, decent warchest and Mrs HS on a decent salary. Will let the dust settle and take it from there.
I realise not everyone can take such a route but if possible consider it as an option

My Mrs doesn't work

However got a bit put by so maybe that is the best option. This is an omni shambles, eh?