I have been engaged through my Ltd co to work with a client for the last 1.5 years.
On receipt of initial contract, I engaged Qdos to undertake a contract review and on receipt of an outside-IR35 result, agreed to take on the contract.
A few months into the contract, I completed a working practices questionnaire through Qdos. The working practices were signed off by the client and following receipt, Qdos issued an outside-IR35 certificate for the full engagement.
Fast forward a few months, the client wrote to all PSC's and stated they would not honour any historic IR35 assessments. Instead they had asked PSC's to agree a scope of services with the end-client to work around questionnaire-based assessments. I subsequently agreed a scope of services with the end-client.
A few months ago, I was approached directly by my client. On discussion of my working practices, the client was of the view that my engagement could be treated as a contract for services. We agreed a specific scope relating to the work that I have been doing and can undertake in the future so that this could be formalised through the end-client.
After a meeting with the end-client, they then came back and said they would look to issue an inside-IR35 determination as the end-client was of the view that they are/should be receiving a service from me (and that they had this expectation from all PSC's). They suggested that if I wanted a different outcome to the assessment, that I speak to the end-client to convince them to accept the scope of services we had agreed previously (which the end-client is no longer accepting because they now say they expect a service).
My contract ends at the end of this month but they would like to extend. The client has asked me whether I would be prepared to go through an Umbrella beyond this date. I have said in order for me to accept an extension and if an SDS is to be issued, that it must be outside-IR35 since they have already signed off on this previously, albeit it over a year ago. If they agree to this, I would be prepoared to transition to PAYE (through my Ltd co and not an Umbrella) to accommodate the end-client's request for a service, provided the additional liability is covered in the rate.
I would welcome a sense check of the above and whether I am going about this the right way. I am interested in agreeing a way forward, but my perception of risk makes me more concerned about maintaining a clean record than continuing the contract beyond this month. I would also welcome any thoughts on when to start putting pen to paper so far as communication with the client, since they are quite nervous at this point about putting anything in writing and is dealing with me through meetings (bar scope of services).
On receipt of initial contract, I engaged Qdos to undertake a contract review and on receipt of an outside-IR35 result, agreed to take on the contract.
A few months into the contract, I completed a working practices questionnaire through Qdos. The working practices were signed off by the client and following receipt, Qdos issued an outside-IR35 certificate for the full engagement.
Fast forward a few months, the client wrote to all PSC's and stated they would not honour any historic IR35 assessments. Instead they had asked PSC's to agree a scope of services with the end-client to work around questionnaire-based assessments. I subsequently agreed a scope of services with the end-client.
A few months ago, I was approached directly by my client. On discussion of my working practices, the client was of the view that my engagement could be treated as a contract for services. We agreed a specific scope relating to the work that I have been doing and can undertake in the future so that this could be formalised through the end-client.
After a meeting with the end-client, they then came back and said they would look to issue an inside-IR35 determination as the end-client was of the view that they are/should be receiving a service from me (and that they had this expectation from all PSC's). They suggested that if I wanted a different outcome to the assessment, that I speak to the end-client to convince them to accept the scope of services we had agreed previously (which the end-client is no longer accepting because they now say they expect a service).
My contract ends at the end of this month but they would like to extend. The client has asked me whether I would be prepared to go through an Umbrella beyond this date. I have said in order for me to accept an extension and if an SDS is to be issued, that it must be outside-IR35 since they have already signed off on this previously, albeit it over a year ago. If they agree to this, I would be prepoared to transition to PAYE (through my Ltd co and not an Umbrella) to accommodate the end-client's request for a service, provided the additional liability is covered in the rate.
I would welcome a sense check of the above and whether I am going about this the right way. I am interested in agreeing a way forward, but my perception of risk makes me more concerned about maintaining a clean record than continuing the contract beyond this month. I would also welcome any thoughts on when to start putting pen to paper so far as communication with the client, since they are quite nervous at this point about putting anything in writing and is dealing with me through meetings (bar scope of services).
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