IR35, heads in sand or do they know something?

Not being a agency regular driver, and when i did such work was on PAYE anyway, i’m not up to date on the implications of the coming changes.

However, speaking to a couple of the agency (self employed) lads who regular for us it appears they haven’t the foggiest idea what the implications are, which surprised me a bit, unless the agency are worried they’ll up and jump ship before the crap hits the fan and keeping schtum, we’ve had a recent surge in applications which this change might have some bearing on.

Doubt my lot will be up for increasing the rate paid to the agency, they are already very well paid anyway can’t see the agency ever being better off than the full timers here, my view is we’ll take on some new drivers, unless the agency drivers are prepared to take the necessary cut themselves.

What are the agency lads on here planning to do, wait and see? do you have irons in the fire already? or is there some way around whats coming?

Juddian:
Not being a agency regular driver, and when i did such work was on PAYE anyway, i’m not up to date on the implications of the coming changes.

However, speaking to a couple of the agency (self employed) lads who regular for us it appears they haven’t the foggiest idea what the implications are, which surprised me a bit, unless the agency are worried they’ll up and jump ship before the crap hits the fan and keeping schtum, we’ve had a recent surge in applications which this change might have some bearing on.

Doubt my lot will be up for increasing the rate paid to the agency, they are already very well paid anyway can’t see the agency ever being better off than the full timers here, my view is we’ll take on some new drivers, unless the agency drivers are prepared to take the necessary cut themselves.

What are the agency lads on here planning to do, wait and see? do you have irons in the fire already? or is there some way around whats coming?

Im not sure if umbrella companies come under these rules or not. Im seriously hoping they do. I hate being on umbrella and would go paye at the flick of a gnats wing. by the time I have had all my stoppages taken out of my wages including the usual employee stamp and tax im down about 250 quid a week. All this bs about they pay extra to cover the extra charges is horse manure unless you have a time machine to go back and work hours over again.

I have tried to research it all but its all beyond me with lots of get out clauses and contradictions. To be honest now I have realised how much I am loosing im going to speak to the boss on Monday and see if there is anyway they can take me on sooner than the 13 weeks. if they cant then I have another 2 and a bit months worse case.

cooper1203:

Juddian:
Not being a agency regular driver, and when i did such work was on PAYE anyway, i’m not up to date on the implications of the coming changes.

However, speaking to a couple of the agency (self employed) lads who regular for us it appears they haven’t the foggiest idea what the implications are, which surprised me a bit, unless the agency are worried they’ll up and jump ship before the crap hits the fan and keeping schtum, we’ve had a recent surge in applications which this change might have some bearing on.

Doubt my lot will be up for increasing the rate paid to the agency, they are already very well paid anyway can’t see the agency ever being better off than the full timers here, my view is we’ll take on some new drivers, unless the agency drivers are prepared to take the necessary cut themselves.

What are the agency lads on here planning to do, wait and see? do you have irons in the fire already? or is there some way around whats coming?

Im not sure if umbrella companies come under these rules or not. Im seriously hoping they do. I hate being on umbrella and would go paye at the flick of a gnats wing. by the time I have had all my stoppages taken out of my wages including the usual employee stamp and tax im down about 250 quid a week. All this bs about they pay extra to cover the extra charges is horse manure unless you have a time machine to go back and work hours over again.

I have tried to research it all but its all beyond me with lots of get out clauses and contradictions. To be honest now I have realised how much I am loosing im going to speak to the boss on Monday and see if there is anyway they can take me on sooner than the 13 weeks. if they cant then I have another 2 and a bit months worse case.

Unfortunately, umbrella is the way a lot are being sent down. HMRC don’t give 2 hoots that its a scam they’re only bothered that they are getting their tax.

Not in driving at present, but on our job they’ve decided that supervisors and above must be either cards in or umbrella. No info has been given regarding what they’ll pay cards in as they don’t want them, so all are going umbrella. I’m CIS and not included at present, but of they change their minds (which I’m fully expecting them to do) they can shove it as there’s no way I’m paying a umbrella firm to screw me over. I know I pay an accountant at the minute, but I get the perks back for that.

Not rally sure about all this as no clear and easily digestable information is really available ( unless you want to wade through it all )
i do know that B.E.C.T.U. have done alot of work on this for their members and are pushing to get recognition for a lot of their members as there are a huge amount of freelancers over a great many divisions in T.V. Film Theatrical etc etc.
i do feel that as usual H.M.R.C. will be applying rulings as they please ( ie do as we say not do as we do ) and if you dont like it we will go to court where we will destroy you because we have virtually unlimited resouces .
i have to say that i have been working agency since about 2006 and much prefer it to working direct for a single company ( who inevitably take the ■■■■ and treat you like dirt )
i did that for 15 years "all the hours for little reward " at least now i get paid by the hour and fix my own working times, locations etc
no doubt we will all find out soon enough what the results of ir35 fully mean in practical terms
ironically if it does put alot of people out of work that ( fabled ) shortage of drivers will only increase supermarket shelves will be bare and there will be rioting in the streets

The government have instructed HMRC not to be “heavy handed” for 12 months from this April on people who will fall foul of the changes to IR35. Read into that what you wish.
Instead of listening to industry and delaying IR35 properly it’s carry on regardless.
So another piece of Tax Avoidance legislation with wishy washy interpretations and not fit for purpose.

hmrcisshite.blogspot.com/2020/02 … touch.html

Juddian:
What are the agency lads on here planning to do, wait and see? do you have irons in the fire already? or is there some way around whats coming?

I’m currently PAYE…

So my position won’t change. I’ve had an hourly rate increase consistently for the last four years there’s no reason to assume that this year will be any different.

However, if I was in a brolly scheme at this moment in time, I’d be insisting the agency put me back to PAYE. HMRC are clearly signalling that they will no longer tolerate one man bands pretending to be Ltd companies. Whether or not HMRC are within their rights to start penalizing everyone who does their own thing isn’t for me to determine. I don’t want any involvement whatsoever with a government agency that has more rights of access than the police force and a greater ability to makes ones life a misery than two ex wifes ever could.

ive never been married but i reckon two ex wives kicking off would be a living hell

cooper1203:
Im not sure if umbrella companies come under these rules or not. Im seriously hoping they do. I hate being on umbrella and would go paye at the flick of a gnats wing.

Get 'em ■■■■■■■ well told!..

Demand to be paid on a PAYE basis or your walking. The last two agencies I applied for both insisted I went through brolly companies. The phone call ended on both occaisions at that point. They both made contact again the following day saying ‘they’d had a chat with the boss’ and they could work with me through the PAYE system.

Remember with HMRC, it’s not just their football, it’s their rules and their ruddy stadium!

It will all end in tears.
Huge tax bills like when that snidey agency umbrella thing went boom.

Popcorn will be in demand…

I made the change to agency PAYE several years ago, but that was due to personal circumstances and the time spent as a carer.
Several of the Ltd Co drivers who I worked alongside have decided to move to alternative sites to continue the Ltd Co route inc one who has gone on the containers, however there are still a few guys onsite who are Ltd Co, and whenever I have spoken to them my only suggestion is that IF they want to stay on the same site, (and some have been here regularly for 1-3yrs) is to switch to PAYE and terminate the Ltd Co before they get an unexpected tax bill. Switching to PAYE allows them to continue getting the same regular income stream, staying Ltd Co and moving on leave the prospect of not knowing the future income stream

It’s very simple.There is no such thing as a self employed ‘driver’ of someone else’s vehicle that’s an employed driver under PAYE.Only owner/hirer driver cuts it.

Juddian:
What are the agency lads on here planning to do, wait and see? do you have irons in the fire already? or is there some way around whats coming?

Been on PAYE for the last 6 years since I came back so no change there. Looking forward to the £3/hr April pay rise when the Swedish Derogation is finally rescinded and finally after 25 years agency are on the same rates as permanent.

There’s no way around what is coming, the govt have announced it is continuing as planned however talking to the Ltd Co drivers where I’m at they seem to think they can continue as normal and a few of them didn’t even know so nice to see their accountants doing a good job :stuck_out_tongue:

I figure the Ltd Co drivers will screw up and loose their regular placement leaving more work for the rest us

So HMRC have had the IR35 legislation at their fingertips for 20 years, IR35 falls under disguised employment/tax avoidance, yet it is only now that they are enforcing it on an industrial scale on the private sector. Due to their inability to enforce it sooner or their sheer incompetence in understanding the criteria that brings about breaches to the legislation, it could be argued that HMRC have actually facilitated tax avoidance.

Most of the big agencies and larger employers won’t use Ltd drivers after April, but they are pushing umbrella schemes. I am Ltd and the agency has passed my phone number and email address to these sharks and they are bombarding me with messages to join them.

Talking to other agency drivers at work and nearly all are going direct paye with the agency. I think its the best option as well. The company I am working at asked if I want to go full time. It’s the easy option but I think I be worse off. I will see how it works out on paye, if it’s crap I go full time.

.

Carryfast:
It’s very simple.There is no such thing as a self employed ‘driver’ of someone else’s vehicle that’s an employed driver under PAYE.Only owner/hirer driver cuts it.

No but there is such a thing as a person employed by a PSC selling their services to another company.

I think you lot on PAYE have done the right thing, and if those not already there get onto PAYE sharpish maybe they’ll get by passed when IR come looking.
I’d be wary of trying to continue on Ltd as if nothing has happened, might be seen by the IR as taking the ■■■■, how far they might go back is anyones guess.

The govt/country is broke people but like all public service bodies its addicted to spending other peoples money, that’s why taxation is being tightened up.

Juddian:
The govt/country is broke people but like all public service bodies its addicted to spending other peoples money, that’s why taxation is being tightened up.

Yep but as usual taxation in a way which hits the highest paid elites least such as VAT,Council tax and a tax net with a smaller mesh and spread wider than before.But obviously no change for the highest earners.
The recent election being a classic Lab/Lib/Con establishment and controlled opposition bait and switch scam and the electorate fell for it.Again.

Carryfast:
Yep but as usual taxation in a way which hits the highest paid elites least such as VAT,Council tax and a tax net with a smaller mesh and spread wider than before.But obviously no change for the highest earners.

What you on about? They’re paying more tax than they ever have done. The top 1% contribute almost 30% of all income tax receipts. The bottom 50% of earners contribute less than 10%.

fullfact.org/economy/do-top-1-e … ax-burden/