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The All Things IR35 Related Thread

Discussion in 'Careers, Employment and Professional Development' started by NVP, Aug 23, 2019.

  1. NVP

    Soldato

    Joined: Sep 6, 2007

    Posts: 7,284

    It'll be ten years to the day tomorrow that I'll have been contracting to the same place, the only place other than warehouses and coop I've ever worked.

    We've not been given any info from anyone about how IR35 is going to be implemented, so far I've just been sitting back but I've heard from someone senior that RBS have said they will not comply which, if true, is promising for my industry.

    Has anyone heard or been told anything regarding their own?
     
  2. wonder_lander

    Soldato

    Joined: Oct 18, 2002

    Posts: 5,529

    Location: Stone, Staffordshire

    What do you mean they won't comply? Legally they'll have an obligation to assess their contract roles and make a decision as to whether the engagement is inside or outside IR35.
     
  3. NVP

    Soldato

    Joined: Sep 6, 2007

    Posts: 7,284

    That's all I've been told. If everyone says **** em, they'll have to review the law before April 2020
     
  4. wonder_lander

    Soldato

    Joined: Oct 18, 2002

    Posts: 5,529

    Location: Stone, Staffordshire

    LOL, that's NOT going to happen. There's been umpteen consultations and the government is pressing ahead as of now.

    If IR35 comes in as planned and RBS don't assess you, and you claim to be outside of IR35. If HMRC investigate you then whoever pays your invoices is liable for the Tax/NI shortfall, this may be an agency if engaged via one or directly the end client. Even if an agency is engaged the end client is ultimately liable if the agency doesn't pay.......there's no way a business will take that financial risk.
     
  5. NVP

    Soldato

    Joined: Sep 6, 2007

    Posts: 7,284

    I don't work for RBS.
     
  6. wonder_lander

    Soldato

    Joined: Oct 18, 2002

    Posts: 5,529

    Location: Stone, Staffordshire

    "and RBS don't assess one of their contractors"
     
  7. NVP

    Soldato

    Joined: Sep 6, 2007

    Posts: 7,284

    That's not what I meant. I work for a better Bank :D but I was informed this about RBS (...my industry...)


    Edit: Oh wait, got ya! d'uh!


    I can't really respond to your post because you are basically just saying no, not possible it's going to be this way.
     
  8. Pudney

    Soldato

    Joined: Sep 6, 2005

    Posts: 5,541

    Location: Essex

    You do realise these rules aren't trust based? If companies don't apply the rules HMRC don't just sit on their thumbs and wonder what it is they'll ever be able to do to resolve the situation. If RBS choose not to apply the rules (which I heavily doubt) then there will be penalties and RBS would likely have to decide to go down a legal route to determine whether they should have actually applied said rules.

    "Have to review the law", why? What makes you think this is how HMRC works? They only review the law (if they want them that way) if they lose technical arguments or lose Judicial Reviews.
     
  9. NVP

    Soldato

    Joined: Sep 6, 2007

    Posts: 7,284

    Because money makes the world go round. Banks got money.


    I have no real details, just enthusiasm for a decent outcome for myself.
     
  10. Pudney

    Soldato

    Joined: Sep 6, 2005

    Posts: 5,541

    Location: Essex

    Like I said, RBS would have to decide to go down a legal route to challenge the law. I'm not really sure what basis they'd have to do so though.
     
  11. NVP

    Soldato

    Joined: Sep 6, 2007

    Posts: 7,284

    Unfair something or other?
     
  12. Pudney

    Soldato

    Joined: Sep 6, 2005

    Posts: 5,541

    Location: Essex

    The state has quite a wide remit in how it chooses to charge and collect tax. If challenges against APNs all failed (and those rules are far more burdensome and draconian than the changes to the Off Payroll Working rules) then I hope RBS would be prepared to really stump up some cash for their legal advisors...
     
  13. NVP

    Soldato

    Joined: Sep 6, 2007

    Posts: 7,284

    They are still a bank at the end of the day. Well, half a bank. Fingers crossed
     
  14. Beerbaron

    Soldato

    Joined: Feb 28, 2006

    Posts: 5,894

    Location: Beds

    Is IR35 going to the private sector now? I've never been a contractor so never really understood it fully.
     
  15. Jokester

    Don

    Joined: Aug 7, 2003

    Posts: 40,223

    Location: Aberdeenshire

    It’s been a thing for years, up till now though it is the contractors responsibility to assess their role and pay the appropriate tax. From April next year it shifts to the agent/end client and even possibly the end user in the event that the former does a runner, even when there is no contractual relationship between contractor and end user!

    As mentioned, it’s no wonder some end users are now going to take a blanket “no-contractor” approach because they don’t know what their risk and liabilities are.

    These rules came in in the public sector a couple of years ago and was a bit of a disaster.
     
  16. NVP

    Soldato

    Joined: Sep 6, 2007

    Posts: 7,284

    I understand the reason it was implemented in the public sector, but that reason can go do one where the private sector is concerned.
     
  17. Maccapacca

    Tea

    Joined: Apr 13, 2010

    Posts: 16,832

    Location: Sunny Sussex

    As a Contractor it's your responsibility to judge IR35 or pay an accountant or seek advise, the fact you're relying on the company to give you the advise only lends weight to the fact that you aren't a contractor.
     
  18. NVP

    Soldato

    Joined: Sep 6, 2007

    Posts: 7,284

    Haha! Say what now? Please.

    I am waiting for my company to advise me regarding my future with them. Whether that continues as a contractor or I am made permanent. I have no need to seek legal advise, I have been here 10 years and know I am safe.

    Edit: misread the accountant for legal advise but you get the gist.


    Just **** off with that **** right now you silly man.
     
    Last edited: Aug 23, 2019
  19. wonder_lander

    Soldato

    Joined: Oct 18, 2002

    Posts: 5,529

    Location: Stone, Staffordshire

    Erm, "my company" you mean the client company, an umbrella company or your own limited company?

    What makes you so confident that you're operating outside of IR35 now or is it a moot point because you're actually PAYE via an agency/umbrella company?
     
  20. NVP

    Soldato

    Joined: Sep 6, 2007

    Posts: 7,284

    What's going on? No relevance to the thread.


    And calm...


    Trust me give me another ten years I'll call it my company ;)