Firstly please see my other threads for the background to my situation. It's been over a year since I last posted so I've decided to update you. Having been going through this for over two and a half years I can now say that I've moved beyond the initial horror of it, and can reflect on how much I've learned. Although I wouldn't want anyone else to go through it I would say that I've become wise to the underhand and nasty tricks that HMRC play, and I have no hesitation in saying that they are the most disingenuous bullies I have encountered. The stunts and tricks they pull no longer surprise me. But they are like a dog with a bone and keep going back again and again in the hope that they will uncover something to get you into IR35.
After finally saying they deemed me to be inside IR35 I managed to find my end client whom hired me for the contract and he went into discussion with HMRC around the usuals; personal service, control, MOO and right of substitution. I now see it clearly that I was never inside IR35 but still they keep coming back asking more questions. The thing is that throughout this period HMRC went into protracted periods of silence and inactivity; once for six months!!! They now know that they are on shaky ground because whatever they say I'm prepared to go to appeal and even court to defend myself. But they know that they don't want to do that because their guidance says they shouldn't behave like this towards contractors. Indeed they promised to deal swiftly with these inquiries from their new investigation teams. They can argue all that they want but they know they have not acted appropriately and will be reticent to go to appeal.
I feel hopeful that I will still have a successful outcome from this situation and feel glad I had a good accountant and IR35 advice. Yes it's cost me extra money but on some level it's been worth it for the experience alone.
After finally saying they deemed me to be inside IR35 I managed to find my end client whom hired me for the contract and he went into discussion with HMRC around the usuals; personal service, control, MOO and right of substitution. I now see it clearly that I was never inside IR35 but still they keep coming back asking more questions. The thing is that throughout this period HMRC went into protracted periods of silence and inactivity; once for six months!!! They now know that they are on shaky ground because whatever they say I'm prepared to go to appeal and even court to defend myself. But they know that they don't want to do that because their guidance says they shouldn't behave like this towards contractors. Indeed they promised to deal swiftly with these inquiries from their new investigation teams. They can argue all that they want but they know they have not acted appropriately and will be reticent to go to appeal.
I feel hopeful that I will still have a successful outcome from this situation and feel glad I had a good accountant and IR35 advice. Yes it's cost me extra money but on some level it's been worth it for the experience alone.
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