Ir35 - non friendly contract

**woohoo** · 23 May 2019, 21:36

Originally posted by athens36 View Post

Hi all, I have a contract with an organisation at present that apparently is ir35 friendly. This is coming to an end and a new contract is to be signed with a new agency at the same organisation although their contract is not ir35 friendly. Same role etc. I am tempted not to sign, even thout ir35 is tested beyond the contract, the contract stipulates time sheets, does not mention substitution etc only at a consultancy level etc. Thoughts?

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Ask for a rate increase and accept its inside ir35.

**cojak** · 24 May 2019, 06:56

Originally posted by woohoo View Post

Ask for a rate increase and accept its inside ir35.

*Sucks teeth*

And wait for that HMRC knock on the door when they ask why the contract wasn't always inside IR35...

**jamesbrown** · 24 May 2019, 07:15

Originally posted by cojak View Post

*Sucks teeth*

And wait for that HMRC knock on the door when they ask why the contract wasn't always inside IR35...

Absolutely.

OP: it’s the working practices that matter most, but I agree that the contract should be aligned with those working practices. If you have a not unreasonably fettered RoS in reality, for example, that should be reflected in the contract.

Bottom line, get your contract and WP reviewed by an IR35 specialist and then return to the agency yourself or ask the specialist to negotiate with them (many will as part of their ToS). If they won’t budge, you have a difficult decision about whether you can evidence your WP sufficiently, both historically and in the future, as contradicting the new contract (and perhaps the agency’s prime contract too). Personally, I wouldn’t touch that situation with a bargepole.

**athens36** · 24 May 2019, 11:20

Difficult decision, obviously signing the new one affords no protection, thinking that maybe we should have a break of a month, not sure whether that would help.

Have a week to chew the fat, but not great as have to keep earning

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**jamesbrown** · 24 May 2019, 14:03

Originally posted by athens36 View Post

not sure whether that would help.

No, it wouldn't.

**woohoo** · 24 May 2019, 14:09

Originally posted by cojak View Post

*Sucks teeth*

And wait for that HMRC knock on the door when they ask why the contract wasn't always inside IR35...

Show HMRC your previous contract reviewed by QDOS as a pass. If in the hugely unlikely event they attempt to investigate use your ipse or qdos investigation insurance.

The op said the original contract was ir35 friendly! If working practices for the original didn’t align with contract at least you have insurance. Right, everyone insures themselves dont they?

**Jess inniAccounts** · 24 May 2019, 14:40

Get the contract professionally reviewed first. Would recommend The Law Place, we send our clients to Martyn Valentine, wouldn't trust anyone else.

Ir35 - non friendly contract