Convince Client NOT to use CEST

[JohntheBike]

You are probably right. My case is, in a way, a warning call to other contractors, that we need to stand up and fight IR35.

On the other hand, I am not giving up on this; I didn't understand it but neither did my client. They thought they "controlled" what i do because they provide me with requirements. The project manager thought I was "controlled" because, in her words, "I never decided on the technology stack. I made suggestions to the IT manager who had final approval." That never happened. And on location and time they assumed I was "controlled" because I came into the office during the day, and work (roughly) 7 hours each day, despite me explaining that I work my own hours, don't always work 7 hours if a task dictates differently, and sometimes work in the evening remotely when I have a task I need to finish.

They appear to now be admitting it was an incorrect judgement.

I am not giving up. I am hoping with the help of the IPSE, to claim back the tax from HMRC since April 2017, as my contract never changed, my working practices never changed, but my clients interpretation was wrong; I just wanted to get on with the project (at the time), and have been trying to get my message to the right people for almost 2 years.

Happy days. Perhaps if more people challenge HMRC in this, it will cause more headache than it is worth.

"help of the IPSE"

good luck!

"Perhaps if more people challenge HMRC in this, it will cause more headache than it is worth."

given HMRC's flat refusal to accept facts which counter their position at every turn, I wouldn't bank on it.

It's like this, many clients and contractors will roll over and accept the regulations. I know of two who did so, right from the outset, well before these new rules were published. HMRC will walk away from anyone who has a strong case to challenge them, in order to avoid having case law being set against their position. So clearly there would be a nett increase in taxation.

Don't forget, it's a two fold approach, it's political and economic, "we can't have these overpaid contractors avoiding tax", despite the fact that it's the clients who are also avoiding tax by not having to pay the employer's NIC.

There's also the situation where representatives of the big software houses are lobbying HMG to effectively freeze out independent contractors. I can't remember his name, but one prominent Labour MP who supported IR35 when Labour were in power (was it Timms the one who was stabbed by a constituent?), had strong links with one large software house.