Views on this??

[BABABlackSheep]

Guess we will be seeing you in a years time again then.

Well, my clientCo has now sent an email to all contractors saying that any IR35 determinations were basically a bad dream, and to act as though they had never happened, and conclude their own tax status.

You can guess theres not many suddenly stating “ah yes, I’ve been inside for the last 18 months” .. my bad, where do I send the cheque.

The reason, I quoted you, is that if I go back under my PSC then I will self quarantine from these boards for a year...out of shame.

[northernladuk]

Well, I've signed up till the end of the year as outside, through my PSC. And then I'm definitely leaving Dodge for good. With the continued knowledge that I'll always be looking over my shoulder, but that's what I was anticipating for this year anyway.

Guess we will be seeing you in a years time again then.

[WalrusRegular]

Well, I've signed up till the end of the year as outside, through my PSC. And then I'm definitely leaving Dodge for good. With the continued knowledge that I'll always be looking over my shoulder, but that's what I was anticipating for this year anyway.

[BABABlackSheep]

Speaking more to contractors there.

They say, “everyone” was blanketed inside, so they have no problem staying outside for another year.

Of course, I would have to leave my umbrella company after a month, flip back to limited and keep my fingers crossed.

My spider-sense is telling me to stay umbrella and look for an outside move after the contract ends.

Bloody hell, its tempting though

[SciaticaSucks]

If I come back inside it's back to the same old problem of being in the same role and switching from out to in - easy target for HMRC. I'd just be earning the money to pay the back tax!

Could you go back to the client and say you would be very happy to continue but it would need to be an outside IR35 basis and for that to happen there would need to be some changes to the contract and working practice? Make sure the changes are genuine and use these as evidence going forward.

HMRC should not know about any previous inside IR35 SDS as it was never the clients responsibility to do this. Even then you could still argue that the reality of the working practise has always been how you are working now which is demonstrably outside IR35.

[northernladuk]

But I still have this nagging feeling that in the current climate any job is better than none and who knows when things will improve. The industry I work in - insurance - is going to be devastated from all angles - premiums down, claims up, investments ruined - and I can't see there being any new projects starting for years.

So go back but account for yourself as inside. The market should have outside gigs popping up as they did before in the short term.

Going back and declaring yourself as outside in the short term because there is no other work is just making and even bigger rod for your own back when this hits again.

[WalrusRegular]

I'm in a similar position.

Six years at the client (I know, permatractor, but it was a succession of projects, not that that makes any serious difference) and baled out last week. Client had assessed me inside, even though every other contractor doing the same basic role on the same project was judged outside. Five separate assessment by various entities in the supply chain and tax/legal departments did the assessment - they really didn't want to lose me but no one would take on the risk of my 6 years, whatever risk they thought that was.
So we parted on good terms with the client still keen to have me back on the project in 4/6/whenever months time, if that is a risk-free option.

Six days later and the changes are postponed. Client mails me within the hour to come back.

But what's changed? Nothing!

I've been found inside. If I come back as outside through my company I am most definitely lying. Any investigation would find that. Do I rely on the usual hope that HMRC just doesn't have the resources to check? Hmmm, but I bet the number of outside contractors is now MUCH lower. My odds are not so good. If I was at HMRC I'd be looking at all the outside contractors after April.

If I come back inside it's back to the same old problem of being in the same role and switching from out to in - easy target for HMRC. I'd just be earning the money to pay the back tax!

But I still have this nagging feeling that in the current climate any job is better than none and who knows when things will improve. The industry I work in - insurance - is going to be devastated from all angles - premiums down, claims up, investments ruined - and I can't see there being any new projects starting for years.

[CosmicWave]

Applied for a new role with a new client.

Client did IR35 assessment on existing contractors, came back as Inside. Assessment on my role, inside.

Took and started the role via an Umbrella company.

Following yesterdays announcement on delaying legislation the existing contractors all high-fiving as they still consider themselves as outside.

I’m like “wtf, client has said you’re inside, and you probably have been all along”... they seriously couldn’t care.

I’m I missing something here? Regardless of delaying by a year, if the client says you’re inside, you stand a snowballs chance in hell of wining if investigated!

As others have said.

Don’t worry... All those high-fiving colleagues onsite will come one day here to these forums moaning about large bills from HMRC and about where to buy large quantities of lube, since the lubes will have gotten sold out in near future to other permietractors.

On a side note, if they have actually high-fived to each other, Corona would have gotten them all first before HMRC though.

[Acme Thunderer]

Letters from HMRC

Dear end-client - Please send all your determinations to HMRC. We know you have them and you don’t want to upset us just now.

Dear Contractor - Your client has told you and us that you are inside IR35. Your IR35 insurance won’t cover you because of what the client has said to you, so don’t waste our time and just send a large cheque.


Sent from my iPad using Tapatalk

[northernladuk]

You are not missing anything and you are correct.

Anyone ignoring this and going outside are also invalidating their IR35 insurances as well so all it will all be delayed, they've another year of liabilities and no insurance.

[BABABlackSheep]

You’re missing nothing. They’re idiots and they will pay up eventually, with interest and penalties.

Thanks. My P45 already gone to my umbrella company. I’m assuming doesn’t look good if I ask for a new contract with my PSC and another P45 with no extra income sent back to my accountant lol

[jamesbrown]

Yep but it's only a risk if HMRC come knocking and they haven't been knocking for 20 odd years...

That’s because they didn’t know where to knock. Now it’s different. Large clients will have records of the SDSs they’ve issued.

[jamesbrown]

You’re missing nothing. They’re idiots and they will pay up eventually, with interest and penalties.

[eek]

Applied for a new role with a new client.

Client did IR35 assessment on existing contractors, came back as Inside. Assessment on my role, inside.

Took and started the role via an Umbrella company.

Following yesterdays announcement on delaying legislation the existing contractors all high-fiving as they still consider themselves as outside.

I’m like “wtf, client has said you’re inside, and you probably habe been all along”... they seriously couldn’t care.

I’m I missing something here? Regardless of delaying by a year, if the client says you’re inside, you stand a snowballs chance in hell of wining if investigated!

Yep but it's only a risk if HMRC come knocking and they haven't been knocking for 20 odd years...

[BABABlackSheep]

Applied for a new role with a new client.

Client did IR35 assessment on existing contractors, came back as Inside. Assessment on my role, inside.

Took and started the role via an Umbrella company.

Following yesterdays announcement on delaying legislation the existing contractors all high-fiving as they still consider themselves as outside.

I’m like “wtf, client has said you’re inside, and you probably have been all along”... they seriously couldn’t care.

I’m I missing something here? Regardless of delaying by a year, if the client says you’re inside, you stand a snowballs chance in hell of wining if investigated!