Wording of contract

[Posie]

Hello,

Just accepted my first contracting role, which I was offered as an independent contractor rather than through a recruitment agency. I've had some advice from a colleague regarding some of the wording that the contract would need to include in order to avoid being caught by IR35, e.g. that the contract should be between the company and my Ltd company, not me as an individual, etc... This was just general advice though so how can I ensure that the contract is worded correctly? Should an accountant be able to advise?

Thanks for your help!

[northernladuk]

wow. Major research and search fail. Use the search option as detailed in the Welcome section of the forum.

Search for 'contract review' or QDOS.

You will find everything you need to know about the contract. It will help you in the next steps and detail all the gotchas. IR35 is very complex so make you research it well and understand it.

[stek]

Or go sole trader

[Clare@InTouch]

We're starting to suggest people think about Qdos, PCG or Bauer & Cottrell for contract reviews these days. Whilst we know about IR35 and can discuss it in detail, a formal contract review from a specialist firm will be better to rely on as proof of due diligence should HMRC come knocking. With the increase in activity in this area I'd advise as much proof as possible.

[kevpuk]

wow. Major research and search fail. Use the search option as detailed in the Welcome section of the forum.

Search for 'contract review' or QDOS.

You will find everything you need to know about the contract. It will help you in the next steps and detail all the gotchas. IR35 is very complex so make you research it well and understand it.

This ^^

We're starting to suggest people think about Qdos, PCG or Bauer & Cottrell for contract reviews these days. Whilst we know about IR35 and can discuss it in detail, a formal contract review from a specialist firm will be better to rely on as proof of due diligence should HMRC come knocking. With the increase in activity in this area I'd advise as much proof as possible.

And this ^^

Personally, I like to use InTouch's review service, but always have a QDOS review too.
For the most part, they reach the same conclusion.....

[Clare@InTouch]

Personally, I like to use InTouch's review service, but always have a QDOS review too.
For the most part, they reach the same conclusion.....

I would hope so

But IR35 is subjective to some degree, so it's entirely possible that different people reach different conclusions on certain points. But a review from Qdos may well be more detailed as they'll consider working conditions, and IR35 is what they do. It's all they do. It has to be better peace of mind.

If I was a contractor I'd join the PCG, get contract reviews done by a specialist and get IR35 insurance. None of that is massively expensive, but it could be a lifesaver later on.

[Craig at Nixon Williams]

We recommend Qdos for contract reviews, they have a lot of experience with IR35 and the feedback that we get from clients has been very positive.

I'd suggest the likes of Qdos, B&C (or the likes of) are in a much better position to review contracts than any accountant is as they are legal specialists and can offer insurance to cover you in an enquiry.

Craig

[kingcook]

Or go sole trader

... if you're not looking for the protection that a limited company provides.

[Zero Liability]

We're starting to suggest people think about Qdos, PCG or Bauer & Cottrell

Would add Accountax to that list.

[d000hg]

I'm rather surprised none of the big contractor accountancy firms has launched their own IR35 service - a proper one with legal experts hired I mean. You'd think the likes of SJD/NW have enough customers to make this worthwhile; heck they could even have it underwritten by QDos and get a discount for the large volume of customers they can bring.