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IPSE/QDos renewal, IR35 insurance seems sketchy

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    #31
    Originally posted by deeter View Post
    Would you be able to outline any cases in which the following clause would be true:
    • You have autonomy over your method of work and are not subject to the same level of supervision or control as your clients’ employees

    yet the policy holder would still be considered inside IR35 and liable to pay penalties?
    "yet the policy holder would still be considered inside IR35 and liable to pay penalties?"

    HMRC would always consider you caught by IR35, irrespective of the contract. They like to shift between contractual provisions and actual arrangements at will, in order to prove their case. Only a court can decide this as the overall picture needs to be considered. Many times the courts have been at great pains to point out that deciding employment status isn't a box ticking exercise. Each factor has to be considered and given appropriate weight in any judgement.

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