IR35 - Reviewed by 2 accountants

[Manz]

I have had my contract reviewed by 2 accountant companies, (both recommended on here) one said its inside IR35 and one said its outside IR35... what do I do?

[LisaContractorUmbrella]

I have had my contract reviewed by 2 accountant companies, (both recommended on here) one said its inside IR35 and one said its outside IR35... what do I do?

Which accountant, if either, asked for details of your working practices?

[Manz]

Which accountant, if either, asked for details of your working practices?

Neither of them asked for that, they just wanted a copy of the contract

[northernladuk]

Will QDOS review your accounts for you? No they won't so I wouldn't be totally convinced by an an accountants review for IR35. I would want one from an IR35 specialist such as QDOS or B&C.

Out of interest what reasons did they give for being in and out. IR35 is a minefield and alot of opinion has to be applied. Not only that most elements bar the big 4 tend to be flags, not complete pointers. The wording of the sub clause can cause contention for example. If it hints that the client has the ability to refuse a sub for no reason QDOS will suggest you change it to them only refusing subs that are unsuitable.

Post the comment that makes it inside and lets see what the masses here say.

You could of course research the element that they say is inside and understand it properly first so you can make your own opinion.

[northernladuk]

P.S It tends to help to post even a modicum of detail so we actually attempt to answer your question....

[DirtyDog]

IR35 is a minefield and alot of opinion has to be applied. Not only that most elements bar the big 4 tend to be flags, not complete pointers.

Sometimes it also varies depending on who does it (within the firm) and what the latest cases indicate. At one stage, Qdos said that not being able to give notice was an issue, next review that it didn't matter, then it did on the next one...

[DirtyDog]

Will QDOS review your accounts for you? No they won't so I wouldn't be totally convinced by an an accountants review for IR35. I would want one from an IR35 specialist such as QDOS or B&C.

There are some accountants who have been through training about IR35 from a legal perspective, though, so some are more knowledgeable than others.

That said, I've never asked my accountant to do a review, based on my having insurance with Qdos which gives me reviews, and a reasonable amount of experience in reading good and bad contracts myself.

[Old Greg]

P.S It tends to help to post even a modicum of detail so we actually attempt to answer your question....

To be fair, the OP may find this calculator of some use: Am I inside IR35?

[DirtyDog]

To be fair, the OP may find this calculator of some use: Am I inside IR35?

Fix - 8 tails in a row.

[Old Greg]

Fix - 8 tails in a row.

Sounds like you're well inside.