I've had my contract review by a legal expert and they say it fails the IR35 test owing to 1 small clause. The contract mentions a trial period. This, apparently, is problematic. If it were reworded to initial period it would pass. Unfortunately this is a clause worded by the client and they're not prepared to change it (big company hence box ticking culture). Given that the rest of the contract is ok I'm tempted to stay out of ir35 and hope I can defend myself in event of investigation. Any thoughts?
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Is the contract between your company and an agency or direct with the end client?
In my opinion, it can't simply fail on the small clause that says "trial period". The three basic areas when looking at IR35 is control, requirement for personal service (substitution etc) and MOO. -
With an agency. But the problem clause is worded by the end client.Originally posted by Craig@InTouch View PostComment
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Your IR35 status would be assessed on your actual working relationship with your end client and what happens on a day to day basis on site under the 3 main areas I mentioned previously.
If it helps, I would recommend seeking a second opinion and then you can compare the review.Comment
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Know anyone who can provide the service? First opinion came from QDOS.Originally posted by Craig@InTouch View PostComment
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I think QDOS provide their opinion purely on the basis that the contract reflects the actually working practices (but I could be wrong).
Many specialist contractor accountants can provide you an IR35 review
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How much do you charge?Originally posted by Craig@InTouch View PostI think QDOS provide their opinion purely on the basis that the contract reflects the actually working practices (but I could be wrong).
Many specialist contractor accountants can provide you an IR35 reviewComment
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But hopefully worth rather a lot more than that!Originally posted by Craig@InTouch View PostIts free of charge
InTouch know what they're doing and can be trusted, but there's a list of PCG Accredited Accountants on their website who have had the necessary training to make such assessments. Although a trial period is not actually an IR35 pointer either way, IMVHO, merely due diligence by the end client.Blog? What blog...?
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I've used these people before, they're excellent, and leaders in the field
Bauer & Cottrell - Expert IR35, Section 660 and Employment Status AdviceComment
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