IR35 review

[TheFaQQer]

How about people working for the same client for years? I know of contractors that have been in the same client for 4-5 years. That seems like a disguised permie to me.

Length of contract is immaterial with respect to IR35.

As long as the working conditions put you outside IR35, then the length of time spent with the client is irrelevant.

[Zero Liability]

Hope I haven't just gone over everything you know and this demonstrates the basics of IR35. Insurances and review all help but it is up to you to deliver as a business ultimately.

Thank you for the breakdown. I was aware of some of the points you mentioned, I was just unsure if part of it involved how you ran your ltd company, and if so, how far that extended. It is clearer to me now. The one area I am unclear on is the ROS (even though it is clearly defined in my contract), but I will do some reading on it over the weekend.

[northernladuk]

Thank you for the breakdown. I was aware of some of the points you mentioned, I was just unsure if part of it involved how you ran your ltd company, and if so, how far that extended. It is clearer to me now. The one area I am unclear on is the ROS (even though it is clearly defined in my contract), but I will do some reading on it over the weekend.

Use the search method detailed in the thread below. Substituion and RoS has been discussed in great detail in here including what can't be done. We also have a number of people who have exercised it so will be able to see how it happens in reality.

I have to say very few people get to pull this so wouldn't be overly concerned about that aspect. As long as the contract says it and the client is willing to accept it.

http://forums.contractoruk.com/welco...uk-forums.html

[Bronco Billy]

Re: the above post regarding being at the same place for long periods.

I know numerous contractors and recruiters who are under the impression that you only have to worry about IR35 when you have been on an assignment for 2yrs+.

To my mind, they are obviously confusing IR35 with the "2yr rule". I seem to recall that both were introduced at around the same time, so maybe it's understandable I guess....

However, the lack of a broad understanding also means that I feel as though I'm perceived as a right awkward so-an-so when I try requesting that anything gets changed contractually.....

Never mind getting a CofA document drawn up !... That again is something that I'm the only person I know who tries to do this.

[Qdos Contractor]

I know numerous contractors and recruiters who are under the impression that you only have to worry about IR35 when you have been on an assignment for 2yrs+.

To my mind, they are obviously confusing IR35 with the "2yr rule". I seem to recall that both were introduced at around the same time, so maybe it's understandable I guess....

WHS. If I got a pound every time someone asked that...well, I'd never have to review another contract again. Definitely the most common IR35 misconception.

[Zero Liability]

Out of curiosity, do IR35 reviews conducted by B&C come under LPP?

[malvolio]

Out of curiosity, do IR35 reviews conducted by B&C come under LPP?

You want to try that in English?

[Zero Liability]

I mean this.

[jamesbrown]

I mean this.

When advice to avoid IR35 is no longer sacrosanct :: Contractor UK

Legal firm defiant over IR35 advice alert :: Contractor UK

[malvolio]

I mean this.

Right. In which case, I don't think so since they are not lawyers so LPP doesn't apply. As the man has said, there is some dispute over the matter but not, as far as I know, from the accountants.