Negotiating Contract Wording - Next Day Start

[sal]

Everyone frets about tax. That's not why you go to work. If taking a short IR35-caught gig gives you a new set of skills to bring in future work, look on it as an investment. Never let the tax tail wag the business dog.

^ This
But not this V

......If you are *still* worried, go brolly for this contract only.

Why would you want to do that? If you want to jump the gun you can just declare the contract as being inside IR35. Even if the contract wording is not entirely IR35 friendly doesn't mean you will be investigated, yet alone deemed inside IR35 given the current track record of IR35 investigations.

Or better yet - not soil your pants every time IR35 is mentioned and be prepared to take the small hit on take home pay without jeopardizing the contract, by fussing about such details for a 2 month contract.

[jmo21]

^ This
But not this V


Why would you want to do that? If you want to jump the gun you can just declare the contract as being inside IR35. Even if the contract wording is not entirely IR35 friendly doesn't mean you will be investigated, yet alone deemed inside IR35 given the current track record of IR35 investigations.

Fair enough, was just giving another option. I agree with the "don't tulip your pants bit too.

[Freaki Li Cuatre]

Did you read the contract first and a least make an effort to understand its IR35 implications? If so you might have had a chance to delay the gig by few days to get the changes made.

No - like I said in my OP there was no scope for delaying the start of the gig.

They offered me the gig in the interview and asked if I'd be prepared to start the next day.

If I'd have ummed and ahhed I'm sure they'd have offered it to one of the other 4 candidates they interviewed that day.

[Vordrak]

Not to Worry

I would not worry too much. I am a student solictor (LLM LPC) as well as a contractor and have spent considerable time investigating IR35.

IR35 is intended to capture disguised employment - people who leave one job on a Friday and return on a Monday as a 'contractor'. It has a number of indicators but none of these is a 'magic bullet'. The fact that you are contracted for a very short period (for example) and have no security is an indicator that you are not employed. See - MBF Design Services Ltd v Revenue & Customs [2011] UKFTT 35 (TC) (05 January 2011)

In that case the contractor ticked many 'employed' boxes and still was found OUTSIDE IR35. QDOS are rightly thorough but it is not the end of the world if a couple of points are missed.

These comments are given expressly without acceptance of liability and do not constitute any acceptance of a duty of care or professional obligation.

[tractor]

...

I would not worry too much. I am a student solictor (LLM LPC) as well as a contractor and have spent considerable time investigating IR35.

IR35 is intended to capture disguised employment - people who leave one job on a Friday and return on a Monday as a 'contractor'. It has a number of indicators but none of these is a 'magic bullet'. The fact that you are contracted for a very short period (for example) and have no security is an indicator that you are not employed. See - MBF Design Services Ltd v Revenue & Customs [2011] UKFTT 35 (TC) (05 January 2011)

In that case the contractor ticked many 'employed' boxes and still was found OUTSIDE IR35. QDOS are rightly thorough but it is not the end of the world if a couple of points are missed.

These comments are given expressly without acceptance of liability and do not constitute any acceptance of a duty of care or professional obligation.

With respect though, that is why your advice is worth exactly what we paid for it.

I would have accepted 'subject to contract review' Agent would then have had to take you seriously when it came to amendments. And if they did not, OP would be entitled to reject. Remember also that you only have to fulfil one of the 3 pillars to be clear of IR35 and as others have said why bend over at the thought of it?