Public Sector Outside IR35 - What Documentation Required?
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    Still gathering requirements...


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    Default Public Sector Outside IR35 - What Documentation Required?

    OK, I've searched for this but can't see what I'm looking for.....

    Been approached about a public sector contractor via consultancy and agency (consultancy body shopping to client). Agency say it's outside of IR35.
    What documentation does myCo need to back this up? IR35 decision on headed notepaper? If so, from Client, Consultancy or Agency? Who needs to sign off the decision?

    Or do I not need to care, as if it's later deemed inside IR35, the taxman goes after the agent and not myCo (so I don't need any documentation on the decision whatsoever)?

    Thanks!

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    Ask for the results of the determination the client made and away you go.
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    Should post faster


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    Absolutely, the decision maker should, you would expect be keeping some record of the steps that they have taken to reach that decision should they need to defend it against HMRC and it would make sense for you to have sight of this for your own comfort.

    The responsibility does though, as you point out lie with the fee payer.

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    Assuming they treat you as outside IR35, the risk lies with them, not you.

    Only thing I would say is ensure you get something in writing from them confirming they'll treat you as outside. Agents can have a reputation for sometimes telling white lies to try to sell the gig. You don't want to find out you've done a month's worth there on the basis of an agent's verbal confirmation, only to find the end client then insists it's inside IR35 and always was, and doesn't give two hoots what you claim the agent told you a month earlier.

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    Quote Originally Posted by Maslins View Post
    Assuming they treat you as outside IR35, the risk lies with them, not you.

    Only thing I would say is ensure you get something in writing from them confirming they'll treat you as outside. Agents can have a reputation for sometimes telling white lies to try to sell the gig. You don't want to find out you've done a month's worth there on the basis of an agent's verbal confirmation, only to find the end client then insists it's inside IR35 and always was, and doesn't give two hoots what you claim the agent told you a month earlier.
    That's going to be very expensive for the agency. If the contractor has it in writing he'll have the agency will be bang to rights and making up the shortfall. Although you can never be sure with agents you'd like to think they wouldn't be this stupid.
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