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Received new contract - get it checked?

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    Received new contract - get it checked?

    Hi there,

    I have received a new contract direct from a client with my Limited Company (no agency involved). Time is very tight, but would you recommend I get the contract checked out by somebody to ensure it falls outside of IR35? If so, who? I will be working from my trading address 50% of the time and on the client's site the other 50%, if that makes any difference.

    Cheers

    #2
    Well you can read up on IR35 and have a go yourself as a starter for 10 but saying that I assume from the comment at the end of the post you haven't even started with it. If you know enough about it you can check for fairly obvious things around client direction, mutuality etc. If it fails at that point there is no point checking further

    I personally would have every contract checked bar none. QDOS do it pretty quickly and it shouldn't be hard to delay a couple of days, lost in post, mail bounced or was in junk mail etc
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Originally posted by keymoo View Post
      Hi there,

      I have received a new contract direct from a client with my Limited Company (no agency involved). Time is very tight, but would you recommend I get the contract checked out by somebody to ensure it falls outside of IR35? If so, who? I will be working from my trading address 50% of the time and on the client's site the other 50%, if that makes any difference.

      Cheers
      I would recommend getting the contract reviewed for IR35 since it is direct with the client. This has more relevant than a contract via an agency. You need to ensure that the clauses in the contract reflect the true nature and working practices with the client i.e. not a sham clause.

      Comment


        #4
        Bauer & Cottrell are who I always get mine checked by, very speedy service if need be and Kate Cottrell is also currently advising the gov on simplifying the red tape for small businesses
        The proud owner of 125 Xeno Geek Points

        Comment


          #5
          Originally posted by chef View Post
          Bauer & Cottrell are who I always get mine checked by, very speedy service if need be and Kate Cottrell is also currently advising the gov on simplifying the red tape for small businesses
          WHS. Ask for Danny. Got mine sorted with an agency who are know for being very obtusive. Obviously Kate's the boss but not sure how much she is tied up with this tax review committee she is on.
          I couldn't give two fornicators! Yes, really!

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            #6
            Its not just about getting your contract checked for IR35 suitability.

            I recommend you read and check the termination clauses (from experience).

            Would you be happy with ;
            -an emergency termination clause allowing agent to use any excuse with no notice?
            -termination without notice?
            -no pay without timesheet?

            as examples i have seen.

            Comment


              #7
              Originally posted by diesel View Post
              Its not just about getting your contract checked for IR35 suitability.

              I recommend you read and check the termination clauses (from experience).

              Would you be happy with ;
              -an emergency termination clause allowing agent to use any excuse with no notice?
              -termination without notice?
              -no pay without timesheet?

              as examples i have seen.
              WHS

              One of my solicitor friends' picked up other things in some of my contracts like addresses not being stated, intellectual property etc. While these things don't generally matter they could matter if you ended up in a dispute. For example if the client/agency doesn't state the address of the site you are suppose to provide your services at, and the client has multiple sites then it would be very difficult to argue against having to go to another one.
              "You’re just a bad memory who doesn’t know when to go away" JR

              Comment

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