Been offered a renewal, but want to work through MyCo, rather than client->agent->umbrella. Current contract is with Hays that has direction and control statements, but a renewal would have to be based around an IR35-frienldy contract, otherwise I'll walk. I'm aware that IR35 will be applied based on your real working practices, rather than the wording of the contract, and my thinking says that I'm IR35 clear regardless. I tell the client how to do things, I provide my own equipment to test stuff and they defintiely do not pay me if there's no work to do. Can I suddenly go from a contract that's a definite IR35 fail to one that's an IR35 pass while working for the same client, at the same site, and providing the same services?
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Originally posted by BillHicksRIPBeen offered a renewal, but want to work through MyCo, rather than client->agent->umbrella. Current contract is with Hays that has direction and control statements, but a renewal would have to be based around an IR35-frienldy contract, otherwise I'll walk. I'm aware that IR35 will be applied based on your real working practices, rather than the wording of the contract, and my thinking says that I'm IR35 clear regardless. I tell the client how to do things, I provide my own equipment to test stuff and they defintiely do not pay me if there's no work to do. Can I suddenly go from a contract that's a definite IR35 fail to one that's an IR35 pass while working for the same client, at the same site, and providing the same services?His heart is in the right place - shame we can't say the same about his brain... -
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