New accountant, IR35

[CodeCobbler]

No, the contract doesn't need to refer to the letter at all, and it's unlikely the agency will change their terms anyway. The agency have very little to do with any IR35 decision, it's what happens at the Client end that matters.

The letter is something totally separate that you try to get in place with your client. You set out the real terms, as in "I have total control" and "I can substitute as often as I like" and ask a contact at the client to sign. This will offer superb proof if you ever need it, way more than a standard agency contract would.

Yes I realize this, my point is, getting a client to sign such a letter, I suspect many not are NOT willing to get involved.

[CodeCobbler]

As Clare has tried to explain - the contract is not the determining factor in the event of an investigation - it's your working practises and the level of supervision, direction and control that the client has over them that will determine your status. Changing the details of a contract after the event would definitely not score you any brownie points with HMR&C if they decided to come and visit

Who said anything about changing a contract after the end? - Especially if it has little impact on the IR35.

[Clare@InTouch]

Yes I realize this, my point is, getting a client to sign such a letter, I suspect many not are NOT willing to get involved.

I think you'd be surprised, many are fine - the letter can be signed by a line manager/project manager etc. What's wrong with signing something to agree that you do, in practice, have full control over what you do? Assuming of course that you do. I'm not suggesting for a second that any client would lie.

[malvolio]

Who said anything about changing a contract after the end? - Especially if it has little impact on the IR35.

It has a lot of impact on the IR35. If anything is not crystal clear, it's the contract that will determine the reality. I suggest you go and read up on the IR35 before you continue digging.

And I'm with the earlier posters - an accountant who doesn't know IR35, S660a, S44-47 and all the other relevant legislation and case law affecting LtdCo contractors is no use to you unless you know it yourself. Which, I humbly suggest, you don't.

[Qdos Contractor]

In fairness a lot of end clients, particularly larger organisations, are often hesitant to sign a Confirmation of Arrangements. I think it's because they don't really understand what purpose of the document is.

In reality it's beneficial to both the contractor and the client. It's not a legally binding document and would only be used in the event of an IR35 enquiry.

For any of our clients who want to put it in place, we'll be happy to contact the end client directly to explain what it's all about.

[LisaContractorUmbrella]

Who said anything about changing a contract after the end? - Especially if it has little impact on the IR35.

"Apologies - I just found the price £99! I am guessing you are recommending QDOS?

Is it worth reviewing a contract retrospectively? I have already completed the contract. The agent indicated that they try to draw up their contracts IR35 friendly when I signed it.
Reply With"


You did

[CodeCobbler]

In fairness a lot of end clients, particularly larger organisations, are often hesitant to sign a Confirmation of Arrangements. I think it's because they don't really understand what purpose of the document is.

In reality it's beneficial to both the contractor and the client. It's not a legally binding document and would only be used in the event of an IR35 enquiry.

For any of our clients who want to put it in place, we'll be happy to contact the end client directly to explain what it's all about.

Ya now your talking sense. People are largely scared to death of putting their name against anything and signing it (I have even had people refusing to even sign my passport photo). I am after a practical IR35 solution.

QDos, what would you advise? Just finishing this contract tomorrow.

[CodeCobbler]

"Apologies - I just found the price £99! I am guessing you are recommending QDOS?

Is it worth reviewing a contract retrospectively? I have already completed the contract. The agent indicated that they try to draw up their contracts IR35 friendly when I signed it.
Reply With"


You did

Reviewing, not changing!

[Qdos Contractor]

QDos, what would you advise? Just finishing this contract tomorrow.

For what reason?

[CodeCobbler]

For what reason?

So say you do a review of this contract I am finishing. Is your IR35 Contract Assessment Bundle appropriate?