QDOS - TLC35 liability cover endorsement - makes cover worthless.

[CosmicWave]

There are those that do the diligence, awarw of what and how they do it and are unlikely to lose a case.
And there are those that haven't a clue Look at some of the posts in the last few weeks for examples.

But in that context I think he means consultants delivering to Sows and not just bums on seats.

Indeed!

[CosmicWave]

So what's a proper contractor then? What makes you so special that HMRC won't pick you out. As far as they are concerned all contractors are tax and NI avoiding scum.

Time will tell.

[sludgesurfer]

It would be interesting to hear of anyone's experience actually making a claim on TLC35 during an enquiry.

The only experience I've read on CUK of someone who has been subject to an IR35 inquiry was this chap who had Qdos TLC35. He was subject to the GSK generic letter to 1,500 contractors so by no means case-specific.

https://www.contractoruk.com/forums/...ractors-2.html

It doesn't appear he ever reverted with the outcome....although the enquiry is likely to still be ongoing.

[northernladuk]

Batcher had a 2 year investigation. I'm sure there have been others that don't post anymore.

[NeedTheSunshine]

Indeed!

I think that as far as HMRC are concerned, all contractors are just bums on seats. And you have to prove otherwise. It's a rather depressing state of affairs.

[GhostofTarbera]

I think that as far as HMRC are concerned, all contractors are just bums on seats. And you have to prove otherwise. It's a rather depressing state of affairs.

Seems they are right in 95% cases


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[CosmicWave]

I think that as far as HMRC are concerned, all contractors are just bums on seats. And you have to prove otherwise. It's a rather depressing state of affairs.

Yes indeed, and happy to prove... but the bums on seats will not be able to.

[CosmicWave]

Seems they are right in 95% cases


Sent from my iPhone using Contractor UK Forum

Correct... and hence the new updated legislation is a blessing in disguise... in many ways.

[LetterBox]

I feel QDOS insurance has reduced over time, with under the hood requirements to take on a case appearing to increase to ensure they can in all likelyhood win any case they support right to the end.

It's not expensive though, and at least gives you a point of contact if you receive a HMRC letter, fortunately I can only guess, but they must have batted back an awful lot of HMRC letters for those with cover knowing what works and what doesn't. This is where I see length of time in a contract, number of contracts over a period, multiple concurrent contracts, not sky high rates, QDOS official response, due diligence etc can shut down an investigation very quickly. Yes, the points above will have no real bearing on inside / outside IR35, but they'll make you much less attractive to really investigate.

QDOS can package up the details in a tidy response, beyond that, dice roll.

[aligning2020]

According to Qdos the fact that you've signed the contract (assessed as an IR35 "PASS" by Qdos themselves) in good faith is irrelevant. According to their own interpretation of these terms, It is solely based on what the client will tell you they'll actually agree to. And if the client doesn't, then 8 and 9 is indeed invalid according to what they've told me.

I should also add that Qdos's user account has posted quite misleading comments on these forums in the past about the substitution clause in particular, claiming the opposite, that it is just "to the best of your knowledge". But when you do get on the phone to them you'll hear a different story.

Very concerning that QDOS aren’t providing a consistent and clear position here! Let’s hope they clear that up, and the answers to the original questions in this thread very soon...