Wording of Contract to make it Outside

[Hobosapien]

If being deemed inside IR35 at renewal when previously 'proven' outside via contract/working practice review, and the ESS tool pointed to inside at the time due to no substitution allowed, if not too late (already accepted renewal and been inside for one or more payments so boat has sailed and sunk) then could try to get them to check the ESS tool again (it has been updated several times of late ) as despite me not being allowed substitution one or more of the other questions placed me outside when I ran through it myself.

Though in my case the PS client has blanket deemed everyone inside IR35 so I will wait for the class action lawsuit for mis-sold IR35 further down the line where we get all the unfair tax refunded.

[malvolio]

If being deemed inside IR35 at renewal when previously 'proven' outside via contract/working practice review, and the ESS tool pointed to inside at the time due to no substitution allowed, if not too late (already accepted renewal and been inside for one or more payments so boat has sailed and sunk) then could try to get them to check the ESS tool again (it has been updated several times of late ) as despite me not being allowed substitution one or more of the other questions placed me outside when I ran through it myself.

Though in my case the PS client has blanket deemed everyone inside IR35 so I will wait for the class action lawsuit for mis-sold IR35 further down the line where we get all the unfair tax refunded.

]I do so love an optimist...

You didn't have to take the contract, knowing it was inside IR35. So why should you get your tax back?

[Hobosapien]

]I do so love an optimist...

You didn't have to take the contract, knowing it was inside IR35. So why should you get your tax back?

Because it was mis-sold as being inside IR35 when in reality it was outside. The client would be happy for me to fix any mistakes in my own time at my own expense, happy for me to not go to their regular big bash meetings or crimbo dos, happy for me to WFH and just deliver results in line with their needs, and happy for me to not bill them when the project phase completes and they don't have a need for me for a few weeks until the next project piece starts.

If they're going to treat me like a contractor and not a permie I want my tax back.

[malvolio]

Because it was mis-sold as being inside IR35 when in reality it was outside. The client would be happy for me to fix any mistakes in my own time at my own expense, happy for me to not go to their regular big bash meetings or crimbo dos, happy for me to WFH and just deliver results in line with their needs, and happy for me to not bill them when the project phase completes and they don't have a need for me for a few weeks until the next project piece starts.

If they're going to treat me like a contractor and not a permie I want my tax back.

No it wasn't "mis-sold", it was offered as an inside IR35 deal. They make the determination, not you. IF they think that they would rather have their contractors paying taxes they probably don't owe, then tough, them's the apples on offer. It's up to you whether or not you accept the deal.

Perhaps, before accepting, you could have done the sums and asked for a <>50% uplift to cover your extra costs. End result would be the same, but at least it would have made them think.