This was the rationale given for my inside IR35 determination when I asked end client

[juckky]

Question to client
Please can you provide the full answers that were used when deducing my inside IR35 determination through the HMRC CEST tool.

Keen to understand the input used.

Client's Response
We did not make the determination using the CEST tool. You will be aware of the general feedback around using this as a “determinator”, which should hopefully explain this.

We have made our assessment and determination based on our understanding from stakeholders on how work is undertaken “on the ground”.

You have also been with us for 2 years, to which the HMRC would rightly question as to a) why we have a contractor in place for this long and b) why we can’t find a Full Time permanent employee.

[eek]

Question to client
Please can you provide the full answers that were used when deducing my inside IR35 determination through the HMRC CEST tool.

Keen to understand the input used.

Client's Response
We did not make the determination using the CEST tool. You will be aware of the general feedback around using this as a “determinator”, which should hopefully explain this.

We have made our assessment and determination based on our understanding from stakeholders on how work is undertaken “on the ground”.

You have also been with us for 2 years, to which the HMRC would rightly question as to a) why we have a contractor in place for this long and b) why we can’t find a Full Time permanent employee.

Seems valid - slightly unfair and not legally correct but a valid viewpoint - the stakeholders see you as an employee after so long there.

Are you staying or going paying particular attention to today's tribunal review which almost seems to be suggesting the same https://www.contractoruk.com/forums/...all-along.html

[GhostofTarbera]

Bet your client will throw you under the bus when HMRC come calling also !!!!




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[northernladuk]

Kudos to them for spotting the CEST tool is no good but it does make you wonder how much they know when they are making on the ground determinations.

Fair point about the 2 years as well. If you are PM you could look exactly like the bloke that's just lost his IR35 case.

If you are on a months notice you are a bit buggered though.

Time to leave... And fast.

[GhostofTarbera]

Kudos to them for spotting the CEST tool is no good but it does make you wonder how much they know when they are making on the ground determinations.

Fair point about the 2 years as well. If you are PM you could look exactly like the bloke that's just lost his IR35 case.

If you are on a months notice you are a bit buggered though.

Time to leave... And fast.

Thing is banking is fecked, there is no where to run to, all the people I know have went umbrella


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[juckky]

The irony is that a guy in the same area doing the same role, but 3 days per week who's been their 4 years contested and is now outside.

I'm walking in the next 2 week to join the ranks of the unemployed. No chance I am going from outside to inside for the same role.

[GhostofTarbera]

The irony is that a guy in the same area doing the same role, but 3 days per week who's been their 4 years contested and is now outside.

I'm walking in the next 2 week to join the ranks of the unemployed. No chance I am going from outside to inside for the same role.

Do the same 3 days a week outside will net same as 5 days inside


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[eek]

Thing is banking is fecked, there is no where to run to, all the people I know have went umbrella


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Probably not the best plan after https://www.contractoruk.com/forums/...all-along.html - we think you were inside and you've agreed that you are inside.

Care to argue or will you be sending us the cheque immediately.

[ChimpMaster]

Kudos to them for spotting the CEST tool is no good but it does make you wonder how much they know when they are making on the ground determinations.

Fair point about the 2 years as well. If you are PM you could look exactly like the bloke that's just lost his IR35 case.

If you are on a months notice you are a bit buggered though.

Time to leave... And fast.

Depends what he's been doing in those 2 years and how he has conducted himself. It's easy to slip into part and parcel of the corporate structure if he hasn't been paying attention. But there is no such law that states length of contract as being a pointer to employment - many businesses have multi-year partnerships.

CEST would have been pointless : the client's answers would have had the OP inside anyway.

[GhostofTarbera]

Probably not the best plan after https://www.contractoruk.com/forums/...all-along.html - we think you were inside and you've agreed that you are inside.

Care to argue or will you be sending us the cheque immediately.

Most tried to jump ship but the market dead for past year - can’t pay bills on the bench


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