4 ms·
Basically now, thanks to the legislation, the client has the power to force a legitimate business into employment. But clients always had the option to do that
by Silhouette 4y ago
Basically now, thanks to the legislation, the client has the power to force a legitimate business into employment.
But clients always had the option to do that. They could just decide not to work with contractors and only hire permanent staff instead. In fact that is the alternative that many of the biggest companies apparently decided to choose after the IR35 changes came into effect instead of adopting some kind of blanket umbrella policy. At least those ones were honest about their new strategy!
That's not true.
I've been harmed by HMRC mistakes and dodgy policies several times both personally and professionally. It's difficult when you're the one being messed around but you have to remember it's probably not personal. HMRC is a vast organisation implementing an insanely complicated set of rules that even its own staff don't always understand. It has nothing like the amount of resources it would need to credibly pursue a lot of the people who really are trying to rip off the tax man and by extension the public. It is sometimes like a wild animal - just acting on instinct - or in this case on standard procedures that lack the nuance they really need because there's nobody and no budget to do better.
Even so my personal experience has been that almost everyone I've actually spoken to who works at HMRC is at least reasonably neutral and professional. Some of them really will go out of their way to try and get a fair resolution if something has gone wrong and they become aware of it. In the situations I've been involved with personally we have always so far ended up with the right money in the right places and no lasting harm done even though sometimes it took far longer than it should have to reach that point.
And again if the policies HMRC is enforcing really are broken and someone who should be treated as a victim really is being seen as a tax dodger they really should contact their MP. Maybe the current rules actually are bad in this scenario and in that case until someone draws attention to the problem no-one is going to try to fix it.
- varispeed 4y ago> seen as a tax dodger they really should contact their MP. Actually the parliamentary group that also deals with Loan Charge scandal is aware of the problem of umbrella companies pulling fraud with impunity. They called for a reform, highlighted the issues to no avail. HMRC is dead set on this to continue. There is nothing one can do. After all who cares about some care worker getting screwed, she should have known better...