I have just landed a contract to license some software I have designed, with a start-up company based in the US. I have taken the appropriate step of setting up a limited company.
We are in the final stages of agreeing the T&C's for all of this, plus possibly overseeing remotely the correct implementation of my work into a variety of applications and then there is talk of utilizing my services to work with them to lead the development of a completely new application.
Thus, I am rather concerned about IR35.
I work solely from a home office in the UK, and payment for all products are based upon a "licence" fee, which is a % of the sale price of each individual product sold.
I am not entitled to anything above and beyond that, but the US start-up are considering offering my company some % profit based bonus or stock options as a sweetener to get me on board to work in conjunction with them on this new application.
I am liable for any bugs and require to provide support / updates / fixes for the products.
What things do I need in any contract to ensure I don't fall foul of IR35? Is my company accepting a profit share related bonus / stock options a big no-no?
We are in the final stages of agreeing the T&C's for all of this, plus possibly overseeing remotely the correct implementation of my work into a variety of applications and then there is talk of utilizing my services to work with them to lead the development of a completely new application.
Thus, I am rather concerned about IR35.
I work solely from a home office in the UK, and payment for all products are based upon a "licence" fee, which is a % of the sale price of each individual product sold.
I am not entitled to anything above and beyond that, but the US start-up are considering offering my company some % profit based bonus or stock options as a sweetener to get me on board to work in conjunction with them on this new application.
I am liable for any bugs and require to provide support / updates / fixes for the products.
What things do I need in any contract to ensure I don't fall foul of IR35? Is my company accepting a profit share related bonus / stock options a big no-no?
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