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Legal expertise of IR35 contract reviewers

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    Legal expertise of IR35 contract reviewers

    Hi all,

    Just thought I'd throw this out here to get some thoughts... I've noticed the contract reviewers of companies such as QDOS don't have any legal background or legal qualifications. Is this something as contractors we should be concerned about?

    #2
    Is that the same as when you are signed up to a large accountancy and but the person you deal with all the time isn't a qualified accountant?

    Am I worried about QDOS, B&C et al? No. The person that did the review may not be qualified in whatever but in the background there will be someone that is providing guidance to all the staff providing reviews and through internal training chat and handling of these calls they will know more than enough to give the best advice. Remember QDOS will help you fight the case so they do have qualified people at the cutting edge of IR35 to guide the rest of the business.

    I don't however feel comfortable with my accountants doing my IR35 assessments as they don't specialise in this area. I'm sure it's pretty good but I'd rather go to someone that specialises in it.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Originally posted by northernladuk View Post
      Is that the same as when you are signed up to a large accountancy and but the person you deal with all the time isn't a qualified accountant?

      Am I worried about QDOS, B&C et al? No. The person that did the review may not be qualified in whatever but in the background there will be someone that is providing guidance to all the staff providing reviews and through internal training chat and handling of these calls they will know more than enough to give the best advice. Remember QDOS will help you fight the case so they do have qualified people at the cutting edge of IR35 to guide the rest of the business.

      I don't however feel comfortable with my accountants doing my IR35 assessments as they don't specialise in this area. I'm sure it's pretty good but I'd rather go to someone that specialises in it.
      same logic as why a clientco should get in a kpmg minion than an independent contractor then

      Comment


        #4
        I'm not happy about it since one such well-known review company judged me in IR35 while the same company judged 2 of my colleagues on the same team outside IR35

        Comment


          #5
          Originally posted by tl97 View Post
          Hi all,

          Just thought I'd throw this out here to get some thoughts... I've noticed the contract reviewers of companies such as QDOS don't have any legal background or legal qualifications. Is this something as contractors we should be concerned about?
          On the other hand HMRC aren't legal experts in IR35 even though they wrote the bloody thing
          Originally posted by Stevie Wonder Boy
          I can't see any way to do it can you please advise?

          I want my account deleted and all of my information removed, I want to invoke my right to be forgotten.

          Comment


            #6
            Originally posted by pr1 View Post
            same logic as why a clientco should get in a kpmg minion than an independent contractor then
            Have you seen how much a KPMG minion costs???
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Whilst we do have a legal team (regulated by the Solicitors Regulation Authority) who provide reviews of legal terms within a contract, IR35 is a tax issue and our IR35 specialists have years of experience handling investigations. We employ a number of ex-HMRC inspectors who will have a far better grasp of how IR35 works in practice than a lawyer. Reviewing a contract for IR35 is all about how the terms will be interpreted by HMRC in an enquiry.

              Qdos' two main founders were ex-Revenue and ex-Customs inspectors, and the 'poacher turned gamekeeper' recruitment approach has served us very well.
              Qdos Contractor - IR35 experts

              Comment


                #8
                Originally posted by Qdos Consulting View Post
                Qdos' two main founders were ex-Revenue and ex-Customs inspectors, and the 'poacher turned gamekeeper' recruitment approach has served us very well.
                I suspect HMRC would say they are gamekeepers turned poachers....

                Comment


                  #9
                  Originally posted by expat View Post
                  I'm not happy about it since one such well-known review company judged me in IR35 while the same company judged 2 of my colleagues on the same team outside IR35
                  Different agency or contracts?
                  In Scooter we trust

                  Comment


                    #10
                    Originally posted by pr1 View Post
                    same logic as why a clientco should get in a kpmg minion than an independent contractor then
                    Not at all.

                    If I need blood tests, I don't complain if a nurse does it rather than a doctor. As long as an expert is directing, there are plenty of tasks that can be done by those who don't have the absolute highest level of expertise.

                    Comment

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