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Reply to: Help - IR35 has wrecked my brain
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Previously on "Help - IR35 has wrecked my brain"
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Originally posted by MHPPM View PostSorry I don't follow what you are saying - maybe I am the illiterate buffoon.
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Originally posted by northernladuk View Post(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.
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Originally posted by northernladuk View PostThere is no such thing as IR35 complaint by the way.
Dear Client, I hereby complain...
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Originally posted by MHPPM View PostThanks, Yes it's a faceless Inbox manned by illiterate buffoons..
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.Last edited by northernladuk; 29 January 2020, 14:48.
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Originally posted by MHPPM View PostThanks, 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?
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.
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Originally posted by MHPPM View PostThanks, Yes it's a faceless Inbox manned by illiterate buffoons..
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Originally posted by jamesbrown View PostNot 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.
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Originally posted by MHPPM View PostThanks, 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!!
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Originally posted by MHPPM View PostThanks 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?
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.
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Originally posted by jamesbrown View PostJust 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.
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Originally posted by MHPPM View PostThanks, 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!!
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Originally posted by Hertsseasider View PostPretty 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
However got a bit put by so maybe that is the best option. This is an omni shambles, eh?
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