Contract Reviews

[crack_ho]

There are large number of contractors at my current site.
They are all being moved to a new unilateral contract regardless of their current contract status.

This contract has been submitted for review by several different contractors.
It has been deemed outside IR35 by Bauer & Cotterell and SJD Accounting but QDOS has stated that it fails IR35.
I understand these matters are not clear cut but who do we trust?
B&C say its inside and even go on to offer insurance that is supplied by QDOS!

[turbo]

What reasons did QDOS give for saying that the contract was inside of IR35?

turbo

[crack_ho]

QDOS Conclusion

Notwithstanding the presence of a substitution clause, this contract is an IR35 failure. It is clear
that a personal service is required. and there are also control problems.

[Lucifer Box]

crack_ho, all this aside don't forget that if you are reviewed for IR35 the contract is only the starter for ten. HMCR place more weight on your working practices so if you just turn up at 9am, do whatever your "boss" tells you to do and go home at 17:30, you are on weak ground regardless of whatever fancy clauses are in your contract.

[lawspeed]

Working Practices

I second that LB, reviewing the contract in isolation is only part of the process if you want confidence in your IR35 status. It is possible that each of these different contractors had different schedules or described their working practices differently to the different reviewers?

For due diligence purposes, the insurers that we work with (Abbey Tax Protection underwriting the full tax liability + interest + penalties) require us to approve the working practices to an extent as well as the written contract terms.

It is also true that different reviewers have different backgrounds and specialist areas of expertise and therefore may be interpreting the same evidence differently.

[autodial]

I understand that B+C speak with the agency and check out what the contractor is doing when they negotiate changes to contracts.