Whay are B&C the best?
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Contract "outside IR35" compliance check
Collapse
X
-
-
Cos Im lazy - and they do the negotiations on getting clauses changed in contracts, direct with the agency! Its not them telling me, then me talking to agency then agency talking then............................................Comment
-
Originally posted by Bluebird View PostI would have thought it's the other way around, if you "work" inside IR35, and your contract puts you outside - surely that means that your contract has been drafted specifically to avoid paying the correct tax ?
To me thats a deliberate offence to defraud, rather than a mis-understanding.
However, I'm not an accountant or a contract reviewer, so perhaps it's best to go to B&C and get the definitive [ if pricey ] answer from them.
If you believe that you are inside IR35, then who is going to help the defence? I think that even the PCG would give up if you said "I thought I was inside IR35, but decided to risk it and not pay it..."Comment
-
Originally posted by Bluebird View PostI would have thought it's the other way around, if you "work" inside IR35, and your contract puts you outside - surely that means that your contract has been drafted specifically to avoid paying the correct tax ?
To me thats a deliberate offence to defraud, rather than a mis-understanding.
To my knowledge, no IR35 case has been lost due to the AWP not matching the contract.Down with racism. Long live miscegenation!Comment
-
Originally posted by NotAllThere View PostIt's the contract that defines the work. I.e. if the contract is outside IR35, the idea of the work being inside IR35 is close to be nonsensical. If your contract is outside IR35, you can still believe that you're subject, but you'd be pretty stupid.
To my knowledge, no IR35 case has been lost due to the AWP not matching the contract.
If they don't then there is a chance that you could lose, after all thats why the HMRC look at working practices as well as the contract.Cenedl heb iaith, cenedl heb galonComment
-
I certainly wouldn't be comfortable defending someone with bad actual working practices, even if their contract was faultless. The Revenue obtain massively detailed statements from the end client regarding the actual arrangements and would be quick to attack if they saw something they didn't like.
I've seen enquiries where this is the case - standard compliant agency contract but really poor working practices. It makes defending the status very difficult indeed.
We've dealt nearly a thousand IR35 enquiries and are of the opinion that the working practices have just as much, if not more of a bearing on status. That's why we'd be reasonably confident if someone had a poor contract and good working practices.
I really don't think anyone should be comfortable if they have a strong contract but aren't so sure about the working practices. It’s a dangerous game to play.Qdos Contractor - IR35 expertsComment
-
Originally posted by Qdos Consulting View PostI certainly wouldn't be comfortable defending someone with bad actual working practices, even if their contract was faultless. The Revenue obtain massively detailed statements from the end client regarding the actual arrangements and would be quick to attack if they saw something they didn't like.
I've seen enquiries where this is the case - standard compliant agency contract but really poor working practices. It makes defending the status very difficult indeed.
We've dealt nearly a thousand IR35 enquiries and are of the opinion that the working practices have just as much, if not more of a bearing on status. That's why we'd be reasonably confident if someone had a poor contract and good working practices.
I really don't think anyone should be comfortable if they have a strong contract but aren't so sure about the working practices. It’s a dangerous game to play.Cenedl heb iaith, cenedl heb galonComment
-
Originally posted by Bluebird View Posthey I said ask B&C not you !Qdos Contractor - IR35 expertsComment
-
Originally posted by Qdos Consulting View PostI certainly wouldn't be comfortable defending someone with bad actual working practices, even if their contract was faultless. ...I really don't think anyone should be comfortable if they have a strong contract but aren't so sure about the working practices. It’s a dangerous game to play.Down with racism. Long live miscegenation!Comment
-
Originally posted by NotAllThere View PostFair enough. It's hard for me to envision working in a way that's wildly different from the contract. E.g. If I've been contracted to develop, and they ask me to do helpdesk, I won't do it under the development contract. For me the contract defines the working practices. So far, all clients I have (and have had) have and have had no problem with this. ( Yes, I did enjoy that last sentence, it was quite cathartic ).
A lot of agents tell new contractors that a compliant written contract means they are safe, which is annoying.Qdos Contractor - IR35 expertsComment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment