Contract Inside IR35 but working practices compliant
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    Default Contract Inside IR35 but working practices compliant

    Hi,

    I'm a contract Technical Author, working on my first contract through iCobus who are an ICT, Telecoms and Cabling recruitment agency. I'm the only Technical Author on their books, as they usually hire engineers. Their contract is within IR35 and says so at the very top. Before I started this contract I tried to get it changed, but was told that wasn't possible due to the client's wishes. However, after my first week working at the client's site, I knew that iCobus were wrong, because my working practices are in fact outside of IR35. I have since discussed the matter with the client, and they agree with my interpretation (particularly regarding supervision, direction and control). I have tried talking to iCobus to get this changed, but am not getting anywhere. They know very little about IR35. This fact could not have been any more obvious when I was today asked 'Why do you want to work outside IR35?' The client is eager to help me get this resolved, but I don't think the recruitment agency are going to help, as this is outside the norm for them and they see it as a huge risk. I came across this link from Contractor Weekly in 2012, from which I shall copy the relevant information below:

    I had my contract reviewed and it failed, so I’m definitely inside IR35.
    This is a bit of a tricky one. Having a good contract is obviously important. In the event of an IR35 enquiry it is HMRC’s first port of call, and they are likely to focus on any negative wording.
    Having said that, if (and only if) your working practices are compliant and your end client confirms this, it could override any written agreement. The sad fact is that many agencies peddle out the same rubbish contracts, regardless of how the individual contractor actually works.
    If you do have a poor contract that can’t be changed, it is highly advisable that you look to put a confirmation of working arrangements in place directly with your end client. This is a short document that sets out what the true working arrangements are and will trump your dodgy contract.
    In the likely event that iCobus refuse to budge on getting the contract changed, it looks like getting a written agreement with the client could be an answer to my problem. My question though is this: now that recruitment agencies have to supply HMRC with details of all contractors and their IR35 status, is it worth my while pursuing this? I'm going to stick out like a sore thumb as I will be the only contractor with iCobus who is outside of IR35.

    All advice most welcome for this newbie contractor. Thanks.
    Last edited by grasstuft; 9th October 2015 at 20:25.

  2. #2

    Should post faster


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    Quote Originally Posted by grasstuft View Post
    Hi,

    I'm a contract Technical Author, working on my first contract through iCobus who are an ICT, Telecoms and Cabling recruitment agency. I'm the only Technical Author on their books, as they usually hire engineers. Their contract is within IR35 and says so at the very top. Before I started this contract I tried to get it changed, but was told that wasn't possible due to the client's wishes. However, after my first week working at the client's site, I knew that iCobus were wrong, because my working practices are in fact outside of IR35. I have since discussed the matter with the client, and they agree with my interpretation (particularly regarding supervision, direction and control). I have tried talking to iCobus to get this changed, but am not getting anywhere. They know very little about IR35. This fact could not have been any more obvious when I was today asked 'Why do you want to work outside IR35?' The client is eager to help me get this resolved, but I don't think the recruitment agency are going to help, as this is outside the norm for them and they see it as a huge risk. I came across this link from Contractor Weekly in 2012, from which I shall copy the relevant information below:



    In the likely event that iCobus refuse to budge on getting the contract changed, it looks like getting a written agreement with the client could be an answer to my problem. My question though is this: now that recruitment agencies have to supply HMRC with details of all contractors and their IR35 status, is it worth my while pursuing this? I'm going to stick out like a sore thumb as I will be the only contractor with iCobus who is outside of IR35.

    All advice most welcome for this newbie contractor. Thanks.
    Firstly, the recruitment agency doesn't supply hmrc with your ir35 status- the employment intermediary report the recruitment agency submits just lets hmrc know you are working via a ltd company.

    Secondly, if your working practices are compliant there shouldn't be a problem. If you are really worried and want additional assurance, just get bauer and cottrell to review your working practices (working practices take precedence over written contracts, and bauer and cottrell could defend you on that basis) .

    Thirdly, get a new accountant.

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    TPAFKAk2p2

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    You could get a confirmation of arrangements letter signed by the client - these are intended to confirm your actual working practices with the end client.

    If you're an IPSE member, you can download a template letter from their website.

    https://www.ipse.co.uk/contract-temp...ers-engagement

    Or QDOS have a template (no need to register)

    IR35 Resources

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    Quote Originally Posted by mudskipper View Post
    You could get a confirmation of arrangements letter signed by the client - these are intended to confirm your actual working practices with the end client.

    If you're an IPSE member, you can download a template letter from their website.

    https://www.ipse.co.uk/contract-temp...ers-engagement

    Or QDOS have a template (no need to register)

    IR35 Resources
    Thanks, I shall do that.

    Quote Originally Posted by JB3000 View Post
    Thirdly, get a new accountant.
    Thanks for 1 and 2, but just out of curiosity, why do I need a new accountant?

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    Quote Originally Posted by grasstuft View Post
    Thanks, I shall do that.


    Thanks for 1 and 2, but just out of curiosity, why do I need a new accountant?
    It's a stock answer on here :-)

  6. #6

    Still gathering requirements...


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    Quote Originally Posted by Alan @ BroomeAffinity View Post
    It's a stock answer on here :-)
    Usually dished out by NLUK

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