HMRC have decided I'm inside IR35

[Martley]

After an investigation that has gone on for over two years the HMRC have decided I am inside IR35 in the public sector contract I had a few years ago. This has been highly stressful and I am not going to accept their decision lying down. The evidence they have from the end client isn't even accurate. I am just wondering if the HMRC will always try to find a way to say you are inside. Their tactics are sneaky and underhand almost verging on the immoral. Well of course they will try to find you inside but I fight on whilst they undermine the flexible labour market for end clients who can't get the skills in the area in which I work. Have no rights of protection, benefits, and so on......yet pay full tax and national insurance. I despair.

[vwdan]

Were you insured? What happens now - how much do they say you owe?

[Martley]

I've only had their five page verdict so far so no costings. I am a highly skilled professional doing an incredibly demanding job that is hard for local authorities to fill. I have done short term contracts to get them out of the mess they make, yet HMRC say I am controlled and part and parcel of the organisation. I am genuinely angry and not scared of them. I do have insurance and I'm going to take if all the way to the end.

[cojak]

I am just wondering if the HMRC will always try to find a way to say you are inside.

Yes, they do/will.

And I will never work for the public sector again (I've turned down so many NHS contracts I've lost count).

[Craig at Nixon Williams]

Do you have means of proving that the evidence from your former client is inaccurate?

If you intend to fight HMRC on this, make sure you have good representation from a specialist in IR35 to assist you - if you have PCG+ then they will provide you with assistance from one of the leading legal tax consultancies.

Craig

[Martley]

Yes, they do/will.

And I will never work for the public sector again (I've turned down so many NHS contracts I've lost count).

Absolutely understand where you're coming from. Quite a few of my contacts have also been targeted in this public sector crackdown. At one point they didn't even contact me for six months and now here we are with this utter rubbish. If it wasn't for people like me doing what I do the service couldn't even function.

[TheFaQQer]

Yes, they do/will.

And I will never work for the public sector again (I've turned down so many NHS contracts I've lost count).

Why not just take out insurance and take the role?

[Batcher]

I do have insurance and I'm going to take if all the way to the end.

Are you two years into an investigation without invoking the insurance? What does the insurance cover?

Yes, they will always show you to be inside. They will ask the client loaded questions to 'prove' you were a disguised employee.

[Martley]

Do you have means of proving that the evidence from your former client is inaccurate?

If you intend to fight HMRC on this, make sure you have good representation from a specialist in IR35 to assist you - if you have PCG+ then they will provide you with assistance from one of the leading legal tax consultancies.

Craig

They even tried to say because I had a local authority badge I was an employee. Except that I never had a badge as they wouldn't give me one. The end client said I did have one but I have mine supplied by my agency and NOT by the local authority. I still have it.

[Martley]

Are you two years into an investigation without invoking the insurance? What does the insurance cover?

Yes, they will always show you to be inside. They will ask the client loaded questions to 'prove' you were a disguised employee.

The insurance has come in handy so far to deal with it and I have an ir35 expert assisting me. I do worry if course that I might end up losing but what choice do I have? I must carry on as I am objectively convinced I am outside.