Contract not IR35 friendly IMO

[BiggieBig]

Just received a example of a contact that is used
for a particular company from an agency. The actual contact I will sign will only be issued once I provide my company details.


Anyway the document is huge consisting of several schedules,
the most important schedule "compliance documents specific to companyXX"
IMO is not very IR35 friendly for example:
- No substitution clause
- employee like conditions (reporting absences,security etc etc)
- also it advices that the company has contractor's liability but not the amount(Not sure if that matters)

i've mentioned this to the agency but they just say we can't advice on IR35 issues.

If I need to get any change then I need to request them and exactly what I want.

Should I get this contract reviewed first and if so who with ?

[Fred Bloggs]

Should I get this contract reviewed first and if so who with ?

Yes. QDOS for one. But before you pay, bear in mind what if the agency/client refuse to change the contract? Will you walk?

[jmo21]

since when did reporting absence and security become IR35 pointers??

Also, surely the liability is a pointer against IR35

[krytonsheep]

Whether your inside IR35 or not, comes down to your working practices (the contract should reflect them). If you think the working practices are inside IR35 and you're not happy with the take home pay, then ask for a rate increase or look for another contract.

[NotAllThere]

If your working practices were outside IR35 and the contract was in - what do you think the result would be?

[zamzummim]

I used egos, the guy (Roger Sinclair) is very good.

[Pacciae]

Yes. QDOS for one. But before you pay, bear in mind what if the agency/client refuse to change the contract? Will you walk?

Qdos are the best to use for advise on contracts and Ir35

[malvolio]

Qdos are the best to use for advise on contracts and Ir35

Or Bauer and Cotterill or Accountanx, both of whom are stuffed with ex-Tax Inspectors...

[Pondlife]

Or Bauer and Cotterill or Accountanx, both of whom are stuffed with ex-Tax Inspectors...

B&C get my vote.

They also negotiate the changes with the agent.

[centurian]

If your working practices were outside IR35 and the contract was in - what do you think the result would be?

In. No doubt about it.

Both the contract and working practices need to be outside.