one contract under ir35, the other not?

[zecontractor]

Hi all,

I am currently doing a full time gig which is a clear cut case of "disguised employee" and therefore under ir35.

However I have been asked by another client to provide some consultancy - a small gig of about a week. Given it's just giving advice, I don't believe it will be under ir35. I will however have to take a few days off my full time gig.

What are your thoughts? Does it sound sensible? Note that I dont expect this to change the ir35 status of my primary full time contract, I just expect the 2nd one to be outside of ir35.

[northernladuk]

It's inside or outside, not under.

The fact it is very short term does bode well and even if you get caught the penalties will be negligible. HAving two concurrent contracts will also help you with the business tests so put you at a smaller risk of getting investigated.

For a weeks work I wouldn't worry about it. Just get it done. Get as much documentation as you can though and keep it to prove you did two pieces of work concurrently.

[Craig at Nixon Williams]

To be safe, it would be worth having the contracts reviewed by an IR35 specialist as they will be able to give you a more informed opinion that you will get here.

Having two contracts running concurrently does not affect the contract status (this is determined by Control, Personal Service and MOO) but could be seen as a supporting factor if the contract was exempt on the above three factors.

Hope this helps!
Craig