Hello
I've secured a contract and received it by email yesterday, but haven't had it checked for IR35 yet. The contract starts next Monday, so it's obviously too late now to have it checked. I should have done it, it probably was a mistake, but since it is only a short contract (4 weeks), I thought no one was going to perceive me as en employee. I then read that you can still be inside IR35 and I also read that the following wording might be problematic:
It says "The Contractor shall have reasonable autonomy in relation to determining the method of performance of the Services but in doing so it shall co-operate with the Client and comply with all the Client’s reasonable and lawful instructions." which sounds a bit like they're going to tell me what to do (i.e. lack of control)
I have a few questions:
a) I could still have the contract checked on Monday. Has anyone started working and signed the contract later? Do I need to pay for quick 24-check or could I wait 3-5 working days (with QDOS)? What are the risks of working without a signed contract?
b) If I'm inside IR35, does that mean I'm inside IR35 forever or just for this contract? It's only a short contract, so the tax loss might not be that big.
c) If I have the contract reviewed by QDOS and they say that its wording should be changed will I lose the contract or will the agency (evolutions) be fine with that? How does it usually work?
d) They also have a self-billing agreement that I'm unsure about. What if I refuse to sign it but have already started working for them (without contract)?
Thank you very much for your help and sorry if these questions have been asked a hundred times. I've done some search but haven't found good answers yet.
I've secured a contract and received it by email yesterday, but haven't had it checked for IR35 yet. The contract starts next Monday, so it's obviously too late now to have it checked. I should have done it, it probably was a mistake, but since it is only a short contract (4 weeks), I thought no one was going to perceive me as en employee. I then read that you can still be inside IR35 and I also read that the following wording might be problematic:
It says "The Contractor shall have reasonable autonomy in relation to determining the method of performance of the Services but in doing so it shall co-operate with the Client and comply with all the Client’s reasonable and lawful instructions." which sounds a bit like they're going to tell me what to do (i.e. lack of control)
I have a few questions:
a) I could still have the contract checked on Monday. Has anyone started working and signed the contract later? Do I need to pay for quick 24-check or could I wait 3-5 working days (with QDOS)? What are the risks of working without a signed contract?
b) If I'm inside IR35, does that mean I'm inside IR35 forever or just for this contract? It's only a short contract, so the tax loss might not be that big.
c) If I have the contract reviewed by QDOS and they say that its wording should be changed will I lose the contract or will the agency (evolutions) be fine with that? How does it usually work?
d) They also have a self-billing agreement that I'm unsure about. What if I refuse to sign it but have already started working for them (without contract)?
Thank you very much for your help and sorry if these questions have been asked a hundred times. I've done some search but haven't found good answers yet.
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