Disagreeing with client IR35 determination

[lancerkris]

possibly nothing new and this (like everything) should be taken with a pinch of salt but I had a meeting with my MP last week about IR35, and as a follow up she sent me some stuff she had received from the treasury.

The big thing I noticed was that having the opportunity to disagree with a clients determination and put forward your argument why is going to be made law.

However, the client will still, obviously, have the final say.

[b0redom]

I predict this will never, ever be used.

"I disagree and I think I'm outside IR35 because....."
"Stop right there. Don't let the door hit you on the way out....."

[JohntheBike]

I predict this will never, ever be used.

"I disagree and I think I'm outside IR35 because....."
"Stop right there. Don't let the door hit you on the way out....."

they might sit up and take notice of an ET.

[northernladuk]

they might sit up and take notice of an ET.

Really? Every contractor disagreeing with the clients decision is going to go to ET.

Jog on.

I thought you'd dropped this tupe of advice for a bit?

[jamesbrown]

Um, yeah, it's in the draft legislation. Completely worthless. The draft legislation also requires that reasons for the decision are given alongside the SDS.

[PhiltheGreek]

As a casual observer, what's the status with the draft legislation given the current logjam in Westminster?

[JohntheBike]

Really? Every contractor disagreeing with the clients decision is going to go to ET.

Jog on.

I thought you'd dropped this tupe of advice for a bit?

Every contractor disagreeing with the clients decision is going to go to ET.

I didn't say that did I?

It will only take a few contractor successes in the ET to have some influence on the environment, whether positive or negative.

I thought you'd dropped this tupe of advice for a bit?

It's not advice, it's just an opinion.

The Alcock case and the case that IPSE is supporting might bring some clarity. However, they both seem to have gone very quiet.

[jamesbrown]

As a casual observer, what's the status with the draft legislation given the current logjam in Westminster?

Not being worked on.

Awaiting a Finance Bill, which is awaiting a budget, which might otherwise have been expected around November. Now? Who knows.

[ChimpMaster]

It's a valid question though. An inside-IR35 classification impacts the entire contract, all the more pertinent if you are on a long contract that crosses past the April payment threshold. This could be worse than the Loan Charge for some people!

Imagine if you have all the evidence to prove that you are outside IR35. You have the contract reviews, the QDOS insurance, the substitutions already effected, the freedom to work when and where you like etc. But the client doesn't care for any of that. You face a particularly obstinate and ignorant client that simply wishes to judge you within IR35 for their own peace of mind.

How would you argue that? To whom would you put forward your argument?

[SussexSeagull]

Not being worked on.

Awaiting a Finance Bill, which is awaiting a budget, which might otherwise have been expected around November. Now? Who knows.

I expect it to go through but the way Westminster is at the moment it wouldn't surprise me if it got delayed.