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Outside IR35 PS Contract

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    Outside IR35 PS Contract

    Hello,

    I have accepted a role with a PS end client via an agency.

    The PS client have deemed the role outside IR35.

    Am I right in assuming that I don't need to get the contract reviewed by qdos etc as the contract is outside IR35 and the liability if later caught inside is now with the agency.

    #2
    Originally posted by gbonner View Post
    Hello,

    I have accepted a role with a PS end client via an agency.

    The PS client have deemed the role outside IR35.

    Am I right in assuming that I don't need to get the contract reviewed by qdos etc as the contract is outside IR35 and the liability if later caught inside is now with the agency.
    Correct - an the responsibility lies with the agency...
    merely at clientco for the entertainment

    Comment


      #3
      Originally posted by eek View Post
      Correct - an the responsibility lies with the agency...
      It's not worth getting it checked and having your own copy just to be on the safe side? I would have thought looking at some of the permie'esque attitudes some PS contractors have it would be worth doing in case they end up putting themselves inside somewhere down the line?
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Originally posted by northernladuk View Post
        It's not worth getting it checked and having your own copy just to be on the safe side? I would have thought looking at some of the permie'esque attitudes some PS contractors have it would be worth doing in case they end up putting themselves inside somewhere down the line?
        Unless the legislation changes significantly between the draft and the 20th, then the liability is clearly with the agency.

        As long as there is a record that the client did the assessment, the legislation applies, and the agency is liable then what would your own assessment show?

        Get the assessment and liability in the contract (or in an unambiguous format) and there is no benefit from doing anything more than that.
        First they ignore you, then they laugh at you, then they fight you, then you win. But Gandhi never had to deal with HMRC

        Comment


          #5
          Depends if you're only interested in IR35, or whether you want a review of the commercial terms too.

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