3 ms·
> Of course they aren't supposed to do that and they are supposed to assess each contract individually and there are supposed to be appeals processes if the IR3
by varispeed 4y ago
> Of course they aren't supposed to do that and they are supposed to assess each contract individually and there are supposed to be appeals processes if the IR35 status is then determined incorrectly.
That part was completely botched. The HMRC themselves admitted that role based assessments are permitted. Also they have deceived the public what assessment actually means. If the client writes the contract in a way that puts service provider in-scope (to minimise the risk), then there is not much that can be done. The appeal is basically requesting the client to change the contract, which for obvious reasons they won't do, because that would put them at risk. So the client can always walk away when you appeal.
From the IR35 perspective, the individual situation of the contractor does not matter.