Can you recommend a legal firm that does IR35 contract review?

**eek** · 24 April 2021, 14:01

Originally posted by redpill View Post

I know QDOS and Kingsbridge etc will review your contracts but their wording concerns me in that it states "we will give out expert opinion", that's not legal fact, that's "opinion" If HMRC investigate you, you want something to show due diligence and a legal report to show the contract is fine. Paying for an agency to give their opinion on your contract is like asking Dave in the pub because when it goes to court it will have possibly little legal standing. I know Larsen Howie used to do reviews but they got bought out by Kingsbridge and Kingsbridge website is ambiguous.

Can you recommend any legal firm that will review the contract?

You are seeking the impossible - nothing in law is 100% black and white

**malvolio** · 24 April 2021, 14:08

There's also Markle Tax, who know a thing or two about contracts. They will look at the whole supply chain, rather than just the taxation stuff. Discounts for IPSE members

However, as has been said, you will only ever get an opinion from any qualified authority, with the possible exception of something that is blatantly illegal. At the end of the day, it is always your responsibility.

**Snooky** · 24 April 2021, 14:54

No lawyer will ever give anything but their opinion. A lot of law is based on precedent, which is effectively a judge's or jury's opinion.

**jamesbrown** · 24 April 2021, 15:12

If you think either HMRC or a court will pay attention to your IR35 contract review when forming an opinion about the hypothetical contract, you are mistaken. A contract review is almost entirely for your own benefit and, secondarily, to show that you took reasonable care (in the unfortunate event that you’re found to be inside), which will help you avoid penalties. Also, as noted above, to identify commercial risk, which is far more important than IR35. By definition, an IR35 review is an opinion.

**eek** · 25 April 2021, 07:33

Originally posted by malvolio View Post

There's also Markle Tax, who know a thing or two about contracts. They will look at the whole supply chain, rather than just the taxation stuff. Discounts for IPSE members

However, as has been said, you will only ever get an opinion from any qualified authority, with the possible exception of something that is blatantly illegal. At the end of the day, it is always your responsibility.

Not quite - it is always your choice - not your responsibility...

What an expert's opinion will do is tell you where the risks are and how likely, substantial and serious the risks are and what the impact may be.

After that the decision is yours but your decision is now an informed decision. And were reasonable care required (as it was in IR35 cases) you can demonstrate that you took reasonable care.

Also Markle won't be looking at the whole supply chain - how can / do they see the agreement between the agency and the agency's client / end client? Especially if there are multiple parties involved. What they will do is read the contract alongside hypothetical contracts elsewhere in the chain based on their experience and what is in the contract.

**eek** · 25 April 2021, 07:37

Separately as this is to the OP

Why do you think you need a IR35 contract review? Given that we are now post April 2021 unless this is a small client (for which you can insist on proof from your agency) the actual status should be being determined by the end client and passed to you by the end client / agency.

Given the above I wouldn't be concerned about IR35 - I would be far more concerned with the contract as a whole...

Can you recommend a legal firm that does IR35 contract review?