Will Agencies change contract to get out of IR35 ? Tell chepest IR35 review online

[bestcontractor]

I came to know that i am outside IR35 and want to change the contract sent by my agent.

Can you please advice me whether agencies usually accept the changes to make the contract come out of IR35 regulations. If they dont, wat is the best way ?

Also , can anyone please tell me best and cheapest option available online who performs an IR35 review and give me a report on all the points that are needed to be changed in the contract to be outside IR35.

Has anyone went to IR35 specialist just for review and not accountant.

My accountant i think will be able to say whether it is inside or outside by sending a questionnaire but i want an Ir35 expert who reviews my contract papers thoroughly and send me the report specifying the terms that i should change in my contract.

Thanks in advance.

[Bluebird]

I came to know that i am outside IR35 and want to change the contract sent by my agent.

Can you please advice me whether agencies usually accept the changes to make the contract come out of IR35 regulations. If they dont, wat is the best way ?

Also , can anyone please tell me best and cheapest option available online who performs an IR35 review and give me a report on all the points that are needed to be changed in the contract to be outside IR35.

Has anyone went to IR35 specialist just for review and not accountant.

My accountant i think will be able to say whether it is inside or outside by sending a questionnaire but i want an Ir35 expert who reviews my contract papers thoroughly and send me the report specifying the terms that i should change in my contract.

Thanks in advance.

IR35 status is a combination of the contract & working practices, if the contract places you "inside" IR35 then you have a problem.

Any change to the contract would I believe been seen as just that - you would be better off finishing that contract and starting another with another end client and this time ensuring that both contract and working practcices are outside.

as regards to contract review, there are a number of companies that advertise these services both on this website and PCG - I would striongly advise you get any contract reviewed by a professional body NOT just your accountant or agency.

[Hiram King Of Tyre]

I got changes made to mine and used Qdos. They were excellent

[Denny]

I came to know that i am outside IR35 and want to change the contract sent by my agent.

Can you please advice me whether agencies usually accept the changes to make the contract come out of IR35 regulations. If they dont, wat is the best way ?

Also , can anyone please tell me best and cheapest option available online who performs an IR35 review and give me a report on all the points that are needed to be changed in the contract to be outside IR35.

Has anyone went to IR35 specialist just for review and not accountant.

My accountant i think will be able to say whether it is inside or outside by sending a questionnaire but i want an Ir35 expert who reviews my contract papers thoroughly and send me the report specifying the terms that i should change in my contract.

Thanks in advance.

Qdos or Bauer and Cottrell are the two most well know for carrying out contract reviews. You might want to join Qdos Freelance club. This costs about £45 per year + VAT and includes advice as well as 3 contract reviews. They are normally standard rather than comprehensive reviews, but I've found them perfectly OK. Like Qdos comprehensive review service, B&C also normally charge around £150, from what I understand, and they are considered very sound. Don't forgot though, that paying for these lower contract term reviews are about as useful to you as a Chocolate Teapot if the upper contract terms are not mirrored by these terms. So try and ensure that they are. Try and twist the EBs arm to show you the relevant bits that state details about yoru own company. Most of all, ensure that your company name not your personal name is not just stated on the upper contract - otherwise your contract in reality will be deemed an 'of service' contract instead of a 'contract for services.'

In theory there shouldn't be too much problem getting the contract changed mid term, provided that the EB has a ir35 compliant template of standard terms to use. Many do, but some don't and have only one woolly version - one size fits all template that very often is like a one size fits all garment - it doesn't really fit anyone properly. Also, some EBs will not change the terms at all, some might agree small but fairly insignificant amendments but hardly any will revolutionise the template entirely - as this means a lengthy review by their lawyers and an invoice to match. Thankfully, this is not such a bad thing because if you are ever investigated having terms dramatically altered from what the client or EB would normally agree could raise suspicions that your own particular contract is really a sham. Also if the lower contract is dramatically altered you can bet your life that the upper contract will not be -so you won't make any gains at all.

However, you seem to have the most important thing going for you, so it seems - that your actual working practices are outside ir35 hence the desire for terms to match them. If, for some reason, your EB won't play ball and you can't get a fully favourable contract of terms you still might be in the clear if it is a borderline situation, but your actual practices are well outside. Not so vica versa - so lady luck is on your side.

The other thing you could suggest is to go to your client to explain your predicament. Even give notice, if they agree, to your EB and start up a concurrent contract with the new EB terms from the day after the contract terminates allowing you a smooth and seamless transition from one contract to the next. A bit messy but if your client likes you, wants to keep you, and the EB are reassured that the contract is going to be renewed then go for that option instead.

[TheFaQQer]

Any change to the contract would I believe been seen as just that - you would be better off finishing that contract and starting another with another end client and this time ensuring that both contract and working practcices are outside.

I agree - it's a braver man than I who says to HMRC mid contract "I think I'll stop paying that tax that I've been paying you..."

[bestcontractor]

However, you seem to have the most important thing going for you, so it seems - that your actual working practices are outside ir35 hence the desire for terms to match them. If, for some reason, your EB won't play ball and you can't get a fully favourable contract of terms you still might be in the clear if it is a borderline situation, but your actual practices are well outside. Not so vica versa - so lady luck is on your side.

So do you say that even if contract has few conditions that are caught by IR35, real life work pattern at client side would make me win over HMRC ?

I heard that HMRC will just crawl up on us even if they find one clause that says that i am an employee.


I saw some sites offering me Contract review for 85£.

Also would insurance just cover the the fine amount in case i am caught by HMRC (FO35 & Professional Indemnity insurance)

What is the best option to play safe ?

Also, if my agence says that they cant change all the terms in my contract and can change only few , in that case is it not risky to file taxes outside IR35 ?