Decisions, Decisions...

[dx4100]

Either way my point is the chances of being investigated are still very small and a inside determination only increases the risk IF HMRC investigate. An inside determination alone isn't going to increase that chance.

[DeludedKitten]

Surely it's the 6th April that is the important thing here. The client can say they thing the role prior to 6th April is inside, but up until 6th April, that's just their opinion - especially if it is a blanket assessment. If you ask HMRC they will say it is inside also, because that's their opinion. So long as you have something which states that the contract has been reviewed as outside and that is backed by insurance, then surely that's all that matters. Unfortunately after 6th April it's the clients view that wins

Agreed.

The client has an opinion that every role is inside, since they are making a blanket determination and not looking at the facts of the role or the individual case. IF there was an IR35 investigation then their opinion might make it harder to argue that you're outside, but given that it's being made on the basiss of no fact, it shouldn't hold much water at tribunal.

If the contract looks good, the review looks good, the working practices look good, and you have insurance to do the legal work for you if they come knocking, then I would be prepared to ignore the blanket determination prior to April and keep going.

Post April, it comes down to the appeals process (such that it is)