Good Morning
My End PSB client has completed a Online HMRC tool based determination on me and have said that they consider me to be in scope of IR35
I complete disagree with their findings
I am having many issues trying to convince my end PSB client that they have incorrectly filled out the HMRC online Tool.
What does the worker have to provide for this engagement that they can't
claim as an expense from the end client or agency?
My client answered the above question as not relevant
As part of my assignment I must provide Evidence of insurance policies in place for public liability, professional indemnity and employer’s liability. I have sent them my various certificates.
My view is that the above cost would mean that they need to select 'other expenses' as this is something which I must provide and cannot claim back.
The second thing that I am questioning them on is there answer for If the end client is not satisfied with the work, does the worker have to put it right at their own cost
No the worker would have to put it right in their usual hours at the usual rate of pay, or for an additional rate of pay.
After closely looking into my agency with the contact with the Agency it clearly states that I would need to put this right at my own cost, if I make any mistakes, or I do not carry out my role with the reasonable care or skill. The end client could reject my timesheet and I don't get paid for a week if I have not done my work correctly. The end client has been sent a copy of the contract
So my view is that they should have selected the following answer
Yes - the worker would have to put it right without an additional charge, and would incur significant additional expenses or material costs.
Finally when I present evidence to them they keep on saying that they have made their minds and that the determination sticks. I am wondering what to do next?
My End PSB client has completed a Online HMRC tool based determination on me and have said that they consider me to be in scope of IR35
I complete disagree with their findings
I am having many issues trying to convince my end PSB client that they have incorrectly filled out the HMRC online Tool.
What does the worker have to provide for this engagement that they can't
claim as an expense from the end client or agency?
My client answered the above question as not relevant
As part of my assignment I must provide Evidence of insurance policies in place for public liability, professional indemnity and employer’s liability. I have sent them my various certificates.
My view is that the above cost would mean that they need to select 'other expenses' as this is something which I must provide and cannot claim back.
The second thing that I am questioning them on is there answer for If the end client is not satisfied with the work, does the worker have to put it right at their own cost
No the worker would have to put it right in their usual hours at the usual rate of pay, or for an additional rate of pay.
After closely looking into my agency with the contact with the Agency it clearly states that I would need to put this right at my own cost, if I make any mistakes, or I do not carry out my role with the reasonable care or skill. The end client could reject my timesheet and I don't get paid for a week if I have not done my work correctly. The end client has been sent a copy of the contract
So my view is that they should have selected the following answer
Yes - the worker would have to put it right without an additional charge, and would incur significant additional expenses or material costs.
Finally when I present evidence to them they keep on saying that they have made their minds and that the determination sticks. I am wondering what to do next?
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