Edited As Requested
Apologies for the anon - I am a regular poster, but my real ID can be worked out.
EDIT: Client has a wholly owned small ltd company with some trade in. His main job is for another business for which he is a company director and a minor shareholder. The small co, is billing the big co. for "management fees"
In the year in question, on top fo the normal sales, they have billed a significant sum to the "day job", and doesnt have a salary any more in the big co. (previously they had a small salary/mainly dividend set up)
This looks fairly blatent IR35 issue, and I have advised my client its probably caught by virture of being an office holder.
Client says his accountants for the main company (which is another firm) say its fine.
I suggested the other accountants probably mean from their POV its fine - which it is.
I have drafted a massive disclaimer saying "we are not advising on this but acting on your instruction" and "HMRC CEST tool says you are in"
But I am now having doubts, whether I should dig my heels in, and say "no chance"
What would you do?
Client is going next year anyhow as the existing activity is drawing to a close and the main business reorganising, but it seems like a hopeless case should HMRC enquire and potentially into money laundering etc etc. I cant even think of a fig leaf to hide behind on this one.