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  1. #11

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    LondonManc - scorchio!


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    Quote Originally Posted by GB9 View Post
    SDC and IR35 are 2 completely different things. It's quite possible to be under SDC but outside IR35 subject to other clauses.

    Scrub what was here. Seen it now.

    As per other posters, who is this agency. I have a new contract with nothing like that in it and that passed the qdos review at the first attempt. It sounded like it's been worded by their administration team.
    What is IR35 - The Four Pillars of IR35

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  2. #12
    GB9
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    Quote Originally Posted by LondonManc View Post
    Control
    RoS
    MOO

    You only need to demonstrate one in your favout to be outside ir35. In reality the judge would look at all in parallel. However, if you were subject to control but also put a sub on site, I think the chances of being found inside ir35 would be zero.

    Plenty of eminent posters have pointed out the discrepancy between brollies and Ltd regarding the possibility of claiming expenses for a Ltd but not for a brolly, even though both may be subject to control.

  3. #13

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    Quote Originally Posted by GB9 View Post
    Control
    RoS
    MOO

    You only need to demonstrate one in your favout to be outside ir35.
    In reality the judge would look at all in parallel. However, if you were subject to control but also put a sub on site, I think the chances of being found inside ir35 would be zero.

    Plenty of eminent posters have pointed out the discrepancy between brollies and Ltd regarding the possibility of claiming expenses for a Ltd but not for a brolly, even though both may be subject to control.
    Really, your view is miles away from mine.

  4. #14

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    Quote Originally Posted by MrMarkyMark View Post
    Really, your view is miles away from mine.
    That's the rule, unless it changed recently.
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  5. #15
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    Quote Originally Posted by MrMarkyMark View Post
    Really, your view is miles away from mine.
    Case law.

    Examples on right of this thread.

  6. #16

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    Hi just an update,
    Spoke with the agency, People Source for those asking, and they are refusing to change the contract.
    Their reasoning is because "of the new regulations" all contracts they are signing up will be within IR35, not sure if they mean with the current client or with every contractor they sign on, because of SDC because I will need to report to a line manage and work specified number of hours. Also had the line "we have a contractor who is starting Monday and he is in IR35 and not complaining"

    The review from QDOS has came back as this:
    "I am unable to complete your Full Contract Review today as the agency have issued you with the incorrect terms. The contract title contains the term “(WITHIN IR35 AND UNDER SDC)” – which states you are providing services within IR35 and are subject to the supervision, direction and control of the client. The contract refers to AWR throughout, as well as paid leave and rest breaks. These are all issues that should not apply to a limited company contractor. I recommend, therefore, that you ask the agency for the correct terms."
    Last edited by Echo1234; 21st April 2016 at 10:33.

  7. #17

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    vetran is a fount of knowledge

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    Quote Originally Posted by Echo1234 View Post
    Hi just an update,
    Spoke with the agency, People Source for those asking, and they are refusing to change the contract.
    Their reasoning is because "of the new regulations" all contracts they are signing up will be within IR35, not sure if they mean with the current client or with every contractor they sign on, because of SDC because I will need to report to a line manage and work specified number of hours. Also had the line "we have a contractor who is starting Monday and he is in IR35 and not complaining"

    The review from QDOS has came back as this:
    "I am unable to complete your Full Contract Review today as the agency have issued you with the incorrect terms. The contract title contains the term (WITHIN IR35 AND UNDER SDC) which states you are providing services within IR35 and are subject to the supervision, direction and control of the client. The contract refers to AWR throughout, as well as paid leave and rest breaks. These are all issues that should not apply to a limited company contractor. I recommend, therefore, that you ask the agency for the correct terms."
    are you willing to walk if they won't supply the correct terms? That is pretty much your only option now.
    "If you didn't do anything that wasn't good for you it would be a very dull life. What are you gonna do? Everything that is pleasant in life is dangerous."

    I want to see the hand of history on his collar.

  8. #18

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    OK, but surely putting a sub on site would actually cover ROS and MOO, in reality, concurrently?

    Anyways, @ OP looks like you may have hit a brick wall with this one, unless you can get the terms changed?
    Even then the working conditions sound well iffy.

  9. #19

    Contractor Among Contractors

    Eirikur has more data than eek

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    Quote Originally Posted by Old Greg View Post
    Quote them your "Inside IR35 Rate".
    This remark may have been in jest, but it made me wonder, does anybody ever quote two rates to an agency one in case the contract falls Inside and one outside of IR35?

  10. #20

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    Quote Originally Posted by vetran View Post
    are you willing to walk if they won't supply the correct terms? That is pretty much your only option now.
    Yeah I can walk away. Don't think the money will be worth it as I will need to work away from home so not being able to claim expenses will be a big deal.

    I wonder now if it will be the case that when you apply for new contract roles will you also need to ask the agent is the daily rate an IR35 rate or not?

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