IR35 Contract Review Strangeness.

[SteelyDan]

Why? It could be that the other contract should have been a 'caught.'

Well, if the other one has been given the thumbs up, and the other contractor has submitted that review as part of his BET, then how can they now undo that?
Can't see the other contractor saying, 'oh hang on m8, I'm actually inside IR35 so can you tax me accordingly'...

PS: Welcome bk BB

[BolshieBastard]

Well, if the other one has been given the thumbs up, and the other contractor has submitted that review as part of his BET, then how can they now undo that?
Can't see the other contractor saying, 'oh hang on m8, I'm actually inside IR35 so can you tax me accordingly'...

PS: Welcome bk BB

I'd suggest its like anything that is given in error, the first contract assessment would be wrong and doesnt represent the true facts. I'd wager HMRC would ignore the fact if it came to an IR35 investigation.

Its one QDOS are going to have to sort out but they cannot give an IR35 pass on the second contract if the first contract is really an IR35 fail.

[SteelyDan]

I'd suggest its like anything that is given in error, the first contract assessment could be wrong and doesnt represent the true facts. I'd wager HMRC would ignore the fact if it came to an IR35 investigation.

Its one QDOS are going to have to sort out but they cannot give an IR35 pass on the second contract if the first contract is really an IR35 fail.

Yeah, but they're not going to re-review the first one as that's done and dusted and no doubt been submitted & accepted.

But what if they (ahem) cocked up the 2nd assessment and it was actually a 'pass'?...that's where my money's going...

[jamesbrown]

Yeah, but they're not going to re-review the first one as that's done and dusted and no doubt been submitted & accepted.

But what if they (ahem) cocked up the 2nd assessment and it was actually a 'pass'?...that's where my money's going...

I find these comments rather strange, as I'm sure you guys are aware that an IR35 contract review offers a professional opinion on your situation based on limited information (especially limited when the working practices are not reviewed). It's for guidance only. It's impossible to definitively state a position. Also, as far as I recall, QDOS offer a borderline fail and borderline pass scenario. We may all hope for perfect consistency among reviewers in how they evaluate the risks, but this is not the reality of IR35, especially when cases are borderline, and you will get differing opinions among reviewers from the same company and from different companies, as has been demonstrated in this forum several times before.

[TheCyclingProgrammer]

I find these comments rather strange, as I'm sure you guys are aware that an IR35 contract review offers a professional opinion on your situation based on limited information (especially limited when the working practices are not reviewed). It's for guidance only. It's impossible to definitively state a position. Also, as far as I recall, QDOS offer a borderline fail and borderline pass scenario. We may all hope for perfect consistency among reviewers in how they evaluate the risks, but this is not the reality of IR35, especially when cases are borderline, and you will get differing opinions among reviewers from the same company and from different companies, as has been demonstrated in this forum several times before.

WHS. A contract review and working practice assessment will always be, at the end of the day, a risk assessment more than anything else. Nobody can definitively say that you are inside or outside IR35 - only a tribunal following a challenge by HMRC can do this.

[LisaContractorUmbrella]

In my experience agency contracts really don't vary that much, what will is the assignment schedule that usually accompanies them; maybe this made the difference between the pass/fail dichotomy??