IR 35 Appeal advice

happyandcontented

If a contractor disagrees with the client on IR35 what is the internal/external appeal process? Has anyone done it?
Does anyone have any advice?
The client is not using the HMRC tool, but when it is used, the contractor is deemed outside.

unforeseen

Is this a public body as the private side has been delayed for a year

https://www.itcontracting.com/ir35-off-payroll-changes-faq/

happyandcontented

Yes, it is.

TheCyclingProgrammer

Unfortunately I think your only practical options are to accept their decision or walk away. 

uknick

On what basis have they deemed it to be inside?  An official departmental tool, educated guess or just playing safe?

Back in 2018 I successfully challenged a department's decision to put me inside.  However, apart from completing the HMRC tool (as it was then) which indicated I was outside, I think the main reason was the fact I was not filling a gapped post.  I was brought in to do a specific one off job for 6 months and then depart once it was complete.  After my challenge it turned out the only reason the role was initially deemed to be inside was because they did that by default.

happyandcontented

They have deemed the whole project management department inside and at each contract renewal shift the goalposts, so that despite the HMRC tool showing they are outside they are insistting that they are not. It is fear that HMRC might do an audit and disagree with the findings of their own tool and so they would then be liable.

uknick

In that case, it is accept their decision or find a new client.

To be honest, I'm a little surprised a whole team managing the department's projects were considered to be outside IR35 in the past.  However, if you and/or the rest of the project team are doing work for other clients at the same time I suppose there is an argument to be outside, but I'm guessing that's not the case.  In addition, when you say "each renewal" how many have there been and over what period of time?  If it's been over a year it does sound like you're working for the department, not with them.