Will LinkedIn recommendation affect my IR35 status?

[bob2]

I am an independent contractor working through a limited company and have recently completed a contract for a client.
One of the client's employees has kindly written a recommendation for me on LinkedIn. The recommendation is very complimentary but it refers to me as a "respected colleague" which concerns me. Could this affect my status as an independent contractor working outside of IR35?

[Mordac]

I am an independent contractor working through a limited company and have recently completed a contract for a client.
One of the client's employees has kindly written a recommendation for me on LinkedIn. The recommendation is very complimentary but it refers to me as a "respected colleague" which concerns me. Could this affect my status as an independent contractor working outside of IR35?

Doubt it. "colleague" is not the same as "employee". If in doubt, and if and when Hector comes calling, just don't mention your LinkedIn profile. Simples.

[TykeMerc]

While it's important that you pay attention to IR35 in working practices and contract terms, please try to avoid extreme paranoia on the subject.

I suppose it is vaguely possible that in a highly contested IR35 case that HMRC might argue LinkedIn recommendations are an indication of being part of the organisation, but personally I think that's clutching at straws in the extreme.
It would be just as easy to argue that the LinkedIn platform is just too limited to differentiate so get any argument rejected.

[Fred Bloggs]

No. Don't be quite so paranoid is my advice!

[northernladuk]

You don't really understand IR35 do you? You are just playing tickboxes aren't you?

[eazy]

Not in this case!

A former colleague of mine joined a consultancy as a contractor, his expertise was a niche' area which the consultancy wanted to expand into. The company put out a press release welcoming him and their aim to expand further into this area. The contractor was given business card and the title of xxx manager. The contractor also put this on his Linked-in page. Made him look part and parcel of the organisation.

Couple years later, he was investigated for IR35, HMRC had copies of his liked-in page, consultancy press release, even his business card. Luckily his working practices were good and consultancy onside. Had IPSE+ membership, even than the investigation took more than 3 years to close.

Surprisingly HMRC were fixated on what they found on social media rather than working practices. So be careful what you put on lined-in etc.

[Fred Bloggs]

Sounds like a classic case of Hector clutching at straws to me. If you have one of the three IR35 case law proven get outs, then Hector is stuffed.

[northernladuk]

Sounds like a classic case of Hector clutching at straws to me. If you have one of the three IR35 case law proven get outs, then Hector is stuffed.

Dunno about that... If it's 'Made him look part and parcel of the organisation.' then it's well worth a sniff surely. They've got to investigate someone so this would be a bloody good place to start IMO.

They partial win they had was on part and parcel situation so they've history here, granted they've an even longer history of losing but still..... It also lasted 3 years so it can't have been a cut and dried case. Classic case of Hector clutching straws? I'd say not. I'd have been very interested in the detail of this to see exactly what arguments were the key ones. Remember in one case the judge threw RoS out as a sham so could have been down to two outs, and you know my opinion on only having that as a defence.

[Unix]

I am an independent contractor working through a limited company and have recently completed a contract for a client.
One of the client's employees has kindly written a recommendation for me on LinkedIn. The recommendation is very complimentary but it refers to me as a "respected colleague" which concerns me. Could this affect my status as an independent contractor working outside of IR35?

IR35 is dead, forget about it.

[LondonManc]

A former colleague of mine joined a consultancy as a contractor, his expertise was a niche' area which the consultancy wanted to expand into. The company put out a press release welcoming him and their aim to expand further into this area. The contractor was given business card and the title of xxx manager. The contractor also put this on his Linked-in page. Made him look part and parcel of the organisation.

Couple years later, he was investigated for IR35, HMRC had copies of his liked-in page, consultancy press release, even his business card. Luckily his working practices were good and consultancy onside. Had IPSE+ membership, even than the investigation took more than 3 years to close.

Surprisingly HMRC were fixated on what they found on social media rather than working practices. So be careful what you put on lined-in etc.

If you've got business cards saying that you're part and parcel and press releases not being clear (there not going to say that you're a temporary asset, are they?) then you're going to be considered "low hanging fruit".

The key test for me in that situation - would clients of the consultancy know him as a third party contractor/expert or as "manager at consulting co"?