IR35 Contract

[germanheart]

I have recently been offered a one years extension to my current contract which will be the third year in the same role. When I started the contract two years ago I didnt get independent advice to check if the contract was outside IR35. It may seem a bit late... but now that another years contract is on the table is it worth at this stage to get it independently assessed for IR35?

[QwertyBerty]

Yes, I would. Even if the last 2 years were within IR35 you can at least do something about the coming year.

QB.

[sidknows]

3 YEARS IN THE SAME ROLE --- Unlikely the Revenue would see this as someone running a business and as such a reappraisal would seem pretty pointless at this stage

[Crossroads]

3 YEARS IN THE SAME ROLE --- Unlikely the Revenue would see this as someone running a business and as such a reappraisal would seem pretty pointless at this stage

Rather a sweeping generalisation. Depends on the role...what if this is a fixed fee annual support contract for a particular product / service conducted on proper B2B terms?

[Sockpuppet]

I have recently been offered a one years extension to my current contract which will be the third year in the same role. When I started the contract two years ago I didnt get independent advice to check if the contract was outside IR35. It may seem a bit late... but now that another years contract is on the table is it worth at this stage to get it independently assessed for IR35?

No.

You may get a contract outside IR35 but unless your working practices are outside as well you'll have a hard time convincing them otherwise.

Also if your last contracts are inside then I think you'll have a really hard time arguing that this new one takes out outside even if its IR35 safe.

[NotAllThere]

3 YEARS IN THE SAME ROLE --- Unlikely the Revenue would see this as someone running a business and as such a reappraisal would seem pretty pointless at this stage

Legal opinion is otherwise.

[malvolio]

Legal opinion is otherwise.

Agreed. What kind of business would willingly give up a reliable long-term customer?

[Qdos Contractor]

Length of time at one client really shouldn't cause a problem - as mentioned above, we would simply argue it as good business acumen. Why end a mutually beneficial arrangement just to satisfy a legislation? It is a common misconception, with most people believing 2 years is some sort of limit (I suppose they are confusing it with the 24 month rule).

In terms of the contract, at this stage I would be far more concerned about the actual working practices. Ensuring the contract is compliant is obviously beneficial but, as Sockpuppet says, the WP are key.

[hgllgh]

Probably more important to ensure your contract has RoS and MOO clauses and that you maintain (or could argue with agreement from your client) that you have high levels of Direction & Control over your work.

On that point, has anyone ever approached a client re IR35 status?
Anyone ever asked about D&C after actually starting a contract?
Some clients might take it in the wrong way?

[germanheart]

Thanks for your feedback. I have since learned that a colleague contracting thru the same organisation has had his contract amended and "insured" via Accountax. Has anyone had experience of Accountax?