Anyone else here work through a limited company? My current client who I’ve worked the past 6 months for has decided that they will be placing contractors inside IR35. I disagree but I will leaving as a result. Anyone else in the same boat? There are contractors who have worked here for 10+ years who are now facing a huge backdated tax bill due to this.
I can't see how any contractor is expecting a backdated tax bill. The change in the IR35 legislation is such that for private sector employers, the decision as to whether a contractor is captured by the provisions now shifts to them and as of April 2020, they will be required to account for PAYE and class 1 NICs on the contractor day rate.
I have not seen anything about a 'retrospective effect' whereby HMRC look back over past income paid on a contractor basis and assess the contractor and indeed, if the employer gets the IR35 status wrong as of April 2020, the penalties and retrospective PAYE/NICs is theirs to pay, not the contractor.
Working in the industry, I have seen many big businesses take the blanket view that all contractors must come on the payroll or leave. It is too complicated and burdensome to assess each contractor case on its own merits.
My own view is that the golden days of contracting and paying low tax are over and you may find that going elsewhere only sees you find the same thing at your next employer.
One the main tests that HMRC apply in determining IR35 status is whether you have the right/ability to send a substitute. For one man band operations, this is exceptionally unlikely to be the case and you fail the test at the first hurdle (before thinking about direction, right to work own hours, provision of own tools/equipment, working on multiple clients etc.)