Accountax

[Qdos Contractor]

any stats on how many qdos and accountax have lost ?

Qdos have won over 1,200 and have lost 2. One of these was conceded on the request of the contractor. The other was MKM Consulting, which was a very weak case to begin with (but the contractor paid us to take it to the Specials).

[Qdos Contractor]

However, there is a huge gulf between the two once you get away from IR35. QDOS are probably the better commercial choice for an IR35 scenario, but the world is somewhat larger than that these days: how about S660a, the Family Busines Tax (aka "Income shifting" {spit}) and general aspect reviews?

Defence costs for all of these are covered under the TLC policy.

[THEPUMA]

Qdos have won over 1,200 and have lost 2. One of these was conceded on the request of the contractor. The other was MKM Consulting, which was a very weak case to begin with (but the contractor paid us to take it to the Specials).

I've always been intrigued by these stats. What do they include? Presumably not cases that have gone to the commissioners. So is it every case you've ever been asked to look at?

[Qdos Contractor]

I've always been intrigued by these stats. What do they include? Presumably not cases that have gone to the commissioners. So is it every case you've ever been asked to look at?

It includes all cases that we have dealt with and won. A few will be cases taken to the commissioners, although the majority will be enquiries that have been successfully concluded in the normal manner by correspondence.

[ruth11]

That wouldn't happen. We assess applications on the basis of your actual working practices, which are equally as important. We would never be able to reject a claim on the basis of a dodgy written contract if we never asked to see it.

Clearly it's highly advisable to have your contract assessed and improved anyway and the TLC35 provides that benefit free of charge.

TLC35, which covers all IR35 liabilities in addition to all representation, costs £355 per annum. This covers as many contracts as you wish to insure and is fully backdated. The number of contracts under the policy does not affect the premium. As long as you have the policy in place when you receive notice of an enquiry, you will be insured regardless of the contract or period HMRC are looking into.

These 2 statements when read together are confusing. I'm in the same boat as Bluebird - a Hays contract that has been marginally passed by one reviewer and failed by another. Great. I'm waiting to see what the actual working practices are like, but I suspect will place me happily outside. If I take the TLC35 insurance for this contract just in case, based on it's working practices, and I leave in 6 months when the contract is up, will the next contract automatically be insured? What about past ones? Your second statement says that as long as you have a policy, you are insured for all past contracts, but you won't have had the WP reviewed for those?

[tim123]

It includes all cases that we have dealt with and won. A few will be cases taken to the commissioners, although the majority will be enquiries that have been successfully concluded in the normal manner by correspondence.

Are you saying that all but 2 contractors that have contacted you to resolve an enquiry from HMRC have been found to be outside IR35, and that none of them were advised to accept that they were inside IR35 without a fight.

Because that's what it looks like you are saying and frankly, I don't believe it.

tim

[Qdos Contractor]

These 2 statements when read together are confusing. I'm in the same boat as Bluebird - a Hays contract that has been marginally passed by one reviewer and failed by another. Great. I'm waiting to see what the actual working practices are like, but I suspect will place me happily outside. If I take the TLC35 insurance for this contract just in case, based on it's working practices, and I leave in 6 months when the contract is up, will the next contract automatically be insured? What about past ones? Your second statement says that as long as you have a policy, you are insured for all past contracts, but you won't have had the WP reviewed for those?

The working practice questionnaire (which is quite simple) would need to be completed for each contract you want to insure. Many of the questions would be applicable for all contracts anyway, as they relate to the way your business is run.

We need to risk assess applications in some way and this is the easiest option. Previously we had to review the WP, contracts and accounts which was time consuming for all parties.

If anyone wants to see the application form I can send it to you - just PM me.

[Qdos Contractor]

Are you saying that all but 2 contractors that have contacted you to resolve an enquiry from HMRC have been found to be outside IR35, and that none of them were advised to accept that they were inside IR35 without a fight.

Because that's what it looks like you are saying and frankly, I don't believe it.

tim

If we were asked to deal with a case that clearly had no prospects of success then we would turn it down at the outset. We've certainly never advised clients to pay up without a fight.

[tim123]

If we were asked to deal with a case that clearly had no prospects of success then we would turn it down at the outset. We've certainly never advised clients to pay up without a fight.

Aren't these two sentences, in effect, contradictory?

I can see that grammatically, refusing to handle someone isn't saying "pay up without a fight" but the end result is the same.

tim

[Cheshire Cat]

So, Qdos, how many of your paying clients, insured for IR35, have had to cough up to HMRC? What does that represent as a proportion of your clients?
This is key for me, as you might win 1200 and lose 2 cases that you represent, but that could translate as "we took on 1202 cases, won 1200 and lost 2. We also rejected another 1200 cases outright, so the chances of a client having to pay up are approx 50:50".