NW forcing an IR35 contract review

[Jessica@WhiteFieldTax]

Hi qtech - it is not our policy to force clients to have their contract reviewed, though we do recommend it. If you say, having reviewed the contract yourself, that IR35 does not apply then we will take your word for it.

If you have been advised otherwise then please send me a private message, or email me on [email protected] with details and I will look into this for you immediately.

Thanks
Craig

+1

Exactly the stance any reputable accountant should take.

If an accountant ever **tells** you your IR35 status rather than **asking** you for instructions, run a mile.

[northernladuk]

+1

Exactly the stance any reputable accountant should take.

If an accountant ever **tells** you your IR35 status rather than **asking** you for instructions, run a mile.

Very true but if their client comes in telling the accountants they are exempt then some strong guidance from the accountant would be in order

[jamesbrown]

+1

Exactly the stance any reputable accountant should take.

If an accountant ever **tells** you your IR35 status rather than **asking** you for instructions, run a mile.

Maybe, although a few reputable accountants do offer free contract reviews. Personally, I think it's a worthwhile service when combined with an external review from one of the usual suspects (two opinions are often enlightening ).

[Jessica@WhiteFieldTax]

Very true but if their client comes in telling the accountants they are exempt then some strong guidance from the accountant would be in order

Accountants advise, clients decide...

[Jessica@WhiteFieldTax]

Maybe, although a few reputable accountants do offer free contract reviews. Personally, I think it's a worthwhile service when combined with an external review from one of the usual suspects (two opinions are often enlightening ).

Yes, we do reviews, although as a chargeable service to enable us to do it thoroughly and report properly. However whether the client wants to accept our opinion, is a separate issue. Different services.

[qtech]

Hi qtech - it is not our policy to force clients to have their contract reviewed, though we do recommend it. If you say, having reviewed the contract yourself, that IR35 does not apply then we will take your word for it.

If you have been advised otherwise then please send me a private message, or email me on [email protected] with details and I will look into this for you immediately.

Thanks
Craig

Thanks Craig. My accountant has clarified the IR35 review is not compulsory.

[qtech]

As a matter of interest what within your working practises has led you to be convinced that you are outside IR35?

Primarily, I have two income streams IT contracting and professional photography.

Secondly, my IT contract has enough enough clauses added which are designed to negate the appearance of disguised employment.

Both the above give me reasonable grounds to believe I'm outside IR35.

Of course a professional IR35 review would help but is no guarantee that HMRC will arrive at the same conclusion.

[captainham]

Two income streams is meaningless in the context of IR35 - it is judged on a contract-by-contract basis, so one could be inside and the other not, or any other permutation for that matter.

And contract clauses, whilst the starting point, also need to match up with your actual working practices...the contract on its own is also meaningless if you need to ask for time off, are controlled by client, etc etc.

[Sidekick]

Primarily, I have two income streams IT contracting and professional photography.

Secondly, my IT contract has enough enough clauses added which are designed to negate the appearance of disguised employment.

I'm afraid Captainham is right on this one - HMRC will judge the photography and contracting individually. If your contract ticks the right boxes then you just need to focus on your working practices.

Louise

[LisaContractorUmbrella]

Primarily, I have two income streams IT contracting and professional photography.

Secondly, my IT contract has enough enough clauses added which are designed to negate the appearance of disguised employment.

Both the above give me reasonable grounds to believe I'm outside IR35.

Of course a professional IR35 review would help but is no guarantee that HMRC will arrive at the same conclusion.

Added clauses which are specifically for the purpose of creating an 'outside IR35' contract will be of almost no use in the event of an investigation - your working practises are what's important. Have you considered the degree of supervision, direction and control in the IT role, whether there is MOO and whether you have a right of substitution and if you have do you know someone who could fill the role in your absence? As others have said - the fact that you have 2 revenue streams is completely irrelevant