Infrastructure and outside IR35?

[DeludedKitten]

What am I supposed to do? To look for another contract which is clearly outside? Or, is it possible to negotiate with my MSP to change my working practices? And, is it even possible to be outside IR35 doing Infrastructure support, and not a project? Any advice would be appreciated, please.

Get a professional expert to review your contract and working practices - you've been told that you're outside IR35 but you think differently. That's a responsible action to make sure, but if you're wrong based on your limited experience then you're losing here.

Yes, it's possible to be outside IR35 in your kind of role,though.

[Sonicimage]

Hello,

I haven't been very long in IT, only 5 years (am a former classical musician). I started from a low paid position as 1st line support, but it wasn't what I wanted to do. So I was studying hard and within a couple of years I obtained MCSA, CCNA, MCSE and CCNP. So every next role was paying more money, some roles were fixed time contracts. But I could never stay long in one place- the longest was 1 year 9 months. I couldn't withstand 'office politics, numerous reviews/appraisals, trying to fit in etc; really found it very difficult to 'submit', due to being a quite senior member of staff. After being let go from my last permanent role, just after a couple of months (was accused of going to the loo too often, ie taking too many breaks, even if they were for just 3 mins each, and being 'too difficult to be managed'), I found that a permanent role was not for me, and decided to go contracting.

I wanted to be an independent contractor, not having any boss who would look behind my back and count how many times I go to the loo. I was contacted by a company (Manged service provider) who were interested in my skills and wanted me to start as soon as possible. I said I wasn't looking for a permanent role, but would only take a contract outside IR35. He said he was fine with that, and sent me a draft contract. I got it reviewed with an accountant, who determined it as outside IR35. I set up a limited company etc, we signed a contract between the company as the client and my LTD. They placed me with their client onsite to provide Infrastructure consultancy services. But as I started to read a lot on forums about IR35, I became aware that I look like an employee of my client's client - I was given a company email and their signature, a badge, have to work hours that all the users do to be able to support them etc, though I don't really have a boss standing behind my back - there are only me and another chap who is employed by that MSP.

I'm not really happy to be found inside IR35, and pay so much tax without and employment rights. But I don't even want any of those employment rights, I just want to be an independent contractor.
What am I supposed to do? To look for another contract which is clearly outside? Or, is it possible to negotiate with my MSP to change my working practices? And, is it even possible to be outside IR35 doing Infrastructure support, and not a project? Any advice would be appreciated, please.