opt out

[magister]

Hello,

I just started a new contract, which is the latest in a series spaning a couple of years. Usually I sign the opt-out agreement straight away, but there have been a couple of contracts where I couldn't dump the agent and go direct and it meant the contract went dead.

The agency says I don't have to sign the opt-out but that I may compromise my IR35 status by doing so....

I wonder if anyone knows if this is actually the case or if this is just some bull they tell you to get you to sign it. Of course I dont' want to complicate IR35 but for some reason I think it might not make a difference and would like to keep my options open later.

Any advice or experiences welcome, I got to decide pretty soon.

Thanks,
Matt

[The Master]

Are you taking my name in vain?

If anything, opting out strengthens your IR35 case rather than weakens it but, as always, what counts are your working conditions.


- Do you just turn up every day and do whatever your client tells you to do?

- Does your client tell you not just what to do, but how to do it?

- Does your client have to pay you even if there is no work to do?


If you can answer 'no' to all of these, you have a defensible IR35 position almost regardless of whether you opted in, out, or shook it all about.

[magister]

Are you taking my name in vain?

If anything, opting out strengthens your IR35 case rather than weakens it but, as always, what counts are your working conditions.


- Do you just turn up every day and do whatever your client tells you to do?

- Does your client tell you not just what to do, but how to do it?

- Does your client have to pay you even if there is no work to do?


If you can answer 'no' to all of these, you have a defensible IR35 position almost regardless of whether you opted in, out, or shook it all about.

You name in vain? Only if your not illuminati.

Thanks for the info, I was never exactly sure of my status, no one can give me a straight answer. Each contract is slightly different but they all have substitution clauses, equipment & location & hours independence.

Do you think it is worth joining the Professional Contractors Group, or getting insurance in case of an IR35 issue. I am fairly sure my contracts fall outside, but because of it being a grey area I get worried sometimes. I would hate for a legal/accounting case to kill my company so to speak.

Thanks for any wisdow you can pass on.

[XLMonkey]

Do you think it is worth joining the Professional Contractors Group, or getting insurance in case of an IR35 issue.

Yes, worth every penny and then some. Incidentally, membership of the PCG includes IR35 insurance, amongst other things...