Outside of IR35 so I should opt out ? or I shouldn't ?

[northernladuk]

My due date is tomorrow, I had the contract before, so I read it. I asked them if they will change any clause and they said clauses will be same as the one they sent me , but thy will just add my personal details on it. If I will be introduced to the client tomorrow, I am naturally opt in and even if they ask me to opt out, it wouldn't be valid yes ?

Well that's your IR35 status stuffed and your insurances invalidated then.

[TheFaQQer]

Well that's your IR35 status stuffed and your insurances invalidated then.

What invalidates the insurance?

[northernladuk]

What invalidates the insurance?

If they've made the contract with him personally. His insurances will be for his business no?

[TheFaQQer]

If they've made the contract with him personally. His insurances will be for his business no?

If the contract is not between the businesses, then there is no insurance that applies. That does not invalidate any insurance policy that the business has in place.

I would suspect that the contract will be between the agency and the limited company, possibly with a preferred named consultant on the schedule, which would mean that any business to business insurance would be in place, and having a preferred named consultant (with a valid right of substitution clause) would not impact IR35 one iota.

[Eirikur]

Just as I was reading this, I got a right to represent email form Michael Bailey Associates.

it contained this sentence

The best advice we have received from our Solicitors is from a Tax / IR35 point of view you are better Opting out

What a bullsh*t
Told them I'm not opting out

[malvolio]

Just as I was reading this, I got a right to represent email form Michael Bailey Associates.

it contained this sentence



What a bullsh*t
Told them I'm not opting out

It's probably true though - if you are the agency.

As a standard contractor though....

The opt out is only really relevant for contractors that have staff or use subbies extensively (which is why it exists). The commercial benefits of opting out, beyond the possibility of negotiating a better contract, are minimal to non-existent. And as you say, it has f*** all to do with IR35.

[aeroeng]

If they've made the contract with him personally. His insurances will be for his business no?

I have sent cert of incorp. to the agency so they can issue a contract.( I still didn't receive it ) Today they asked me to fill limited compliance screening and send it to them.

There is a section saying in limited compliance screening saying ;

NO: YOU HAVE DECLINED TO OPT OUT:
Under the Conduct Regulations, Agency is restricted from introducing a Contractor to the Client without first having obtained confirmation of the Contractor’s identity and further confirmation that the Contractor has the experience, training, qualifications and authorisation, as considered necessary by the Client, or as required by law. You are required to provide the following prior to commencement of the assignment:
By ticking ‘No’ you agree to provide the following documentation:
* Proof of Address (Utility bill or bank statement).
* Detail relating to education, experience and training pertinent for the Services being provided to the Client if not specified on CV.
* Copies of all relevant certificates, licences, qualifications etc. if not already provided.
* References: Your account representative will notify you of referencing requirements.

I've already started to work, got my card and everything... prior starting, I did proof of address, I filled vetting pack which included education, experience, certificates, and sent references.

I'm sure I ve already done those well before choosing the limited company option.

[northernladuk]

Don't ever start a gig without signing a contract again. Noobie mistake.

[aeroeng]

Don't ever start a gig without signing a contract again. Noobie mistake.

I have informed them about the delay in my certificates and they said it will have no effect on my start date. I already clocked in and out today. Everything is set and running. They will back date the contract on today's date once it is ready.

I will ask them about not to opt out section since it seems I have already done those requirements during the vetting process

[northernladuk]

I have informed them about the delay in my certificates and they said it will have no effect on my start date. I already clocked in and out today. Everything is set and running. They will back date the contract on today's date once it is ready.

I will ask them about not to opt out section since it seems I have already done those requirements during the vetting process

I don't care. Don't start a gig without a signed contract.