Contract review

[pmeswani]

I may have boomed and secured a contract (subject to review). I am going to go through QDOS for the review. I know this is subjective, but which review should I go for and why? I know that I should know the answer, and that it is subjective, but am looking at reasons to justify spending £99 (plus the £50 24 hour return) over the £49 (plust the £50 24 hour return). The contract is not public sector.

** Admin, feel free to move this to General if you feel I deserve the abuse.

[oliverson]

In all honesty just save your money and take the role. All this review stuff is utter rubbish. It's just an opinion on the part of the reviewer and the opposition will have a different opinion if indeed it comes to that. Then you have to consider what your stance would be if the review wasn't favourable. Would you really turn down the role, waiting for 'Mr right' to come along, one that ticks all the boxes in the reviewers eyes? If the answer is yes then I'd say you're not cut out for business. In business you have to take risks. If you aren't prepared to then permie-land it is.

My advice is take the role, take out a membership with IPSE so that you are covered for legal fees in the unlikely event you are reviewed by HMRC and if they come knocking on your door, refer them to your army of legal representatives. A few years ago when IPSE was PCG, they had a basic grid of data on their homepage detailing the IR35 cases won vs lost. Can't recall the exact numbers but it was something like 1,300 won vs 4 lost. Even if you are risk-averse, you'd have to fancy your chances with those kind of stats.

As far as the HMRC (and VAT) are concerned, I regard them as ducks. They can stick their bills up their 4rses.

[northernladuk]

Who is your PI/PL with? If you get it from QDOS you get basic reviews for free.

Do you feel confident enough to spot and avoid the big three?

[VillageContractor]

If it's your first contract go for the full review. I doubt you'll be able to spot the tell tale signs. And if you're going to spend the money you might as well get the full one

[Batcher]

Just review it yourself and make sure one of the three pillars are present. Then make sure your working practices keep you outside IR35. As above, join IPSE+ so the small risk of being investigated is covered.

Boom.

[TheFaQQer]

I may have boomed and secured a contract (subject to review). I am going to go through QDOS for the review. I know this is subjective, but which review should I go for and why? I know that I should know the answer, and that it is subjective, but am looking at reasons to justify spending £99 (plus the £50 24 hour return) over the £49 (plust the £50 24 hour return). The contract is not public sector.

** Admin, feel free to move this to General if you feel I deserve the abuse.

I'd pay the more expensive one, get the review done and if it fails get Qdos to negotiate the contract changes with the agency.

[expat]

Last year I had a contract reviewed by a well-known contract reviewer, who said that it was probably inside IR35. I went ahead on that basis, but I found that my 2 contractor colleagues had been told by the same reviewer that they were outside.

We never got to the bottom of this, because my colleagues were understandably reluctant to have their contracts discussed any further, but I could think of two likely reasons for the difference:
1. an IR35 review is a black art and I got a different artist from them.
2. they may have answered some critical questions differently, in good faith.

For example my reviewer was particularly concerned about whether the client company had permanent employees who could do my job. The client was a huge software house, and my personal view is that it would beggar belief to suggest that they did not have employees who could do my job. Not enough of them, maybe, which is why they use contractors; but IMHO the question was about competence; not staffing levels.

However I could imagine other contractors in the same situation reading the question differently and saying no, the client does not have any employees who could do the job; on the grounds that if they did, they wouldn't need contractors.

So I can't speak for anyone else but I don't think I'll be throwing money down the contract review drain again.

[psychocandy]

In all honesty just save your money and take the role. All this review stuff is utter rubbish. It's just an opinion on the part of the reviewer and the opposition will have a different opinion if indeed it comes to that. Then you have to consider what your stance would be if the review wasn't favourable. Would you really turn down the role, waiting for 'Mr right' to come along, one that ticks all the boxes in the reviewers eyes? If the answer is yes then I'd say you're not cut out for business. In business you have to take risks. If you aren't prepared to then permie-land it is.

My advice is take the role, take out a membership with IPSE so that you are covered for legal fees in the unlikely event you are reviewed by HMRC and if they come knocking on your door, refer them to your army of legal representatives. A few years ago when IPSE was PCG, they had a basic grid of data on their homepage detailing the IR35 cases won vs lost. Can't recall the exact numbers but it was something like 1,300 won vs 4 lost. Even if you are risk-averse, you'd have to fancy your chances with those kind of stats.

As far as the HMRC (and VAT) are concerned, I regard them as ducks. They can stick their bills up their 4rses.

Interesting one but would be interested to see how IPSE would feel about someone who had a contract, had been advised they were inside IR35, decided to proceed as if outside anyway and then expected IPSE to bail them out when HMRC came knocking?

Hmmm.....

[jamesbrown]

So I can't speak for anyone else but I don't think I'll be throwing money down the contract review drain again.

You're concluding that on the basis of the review of a single (probably borderline) contract that is trying to navigate legislation that is specifically designed to create FUD? Good luck

Just bear in mind that there are significant consequences from failing to conduct due diligence in the event that a contract is found inside IR35 or, indeed, in the event that a failed review is ignored. Notwithstanding the low risk of being selected for investigation and any selected contract from being found inside if properly represented, it will be a long, stressful, and potentially expensive process if you've failed to conduct the due diligence.

[pmeswani]

Who is your PI/PL with? If you get it from QDOS you get basic reviews for free.

Do you feel confident enough to spot and avoid the big three?

My insurance is with Randell Dorling, so I won't get the reviews for free from QDOS.

And no, I don't feel confident enough to spot and avoid the big three pointers. I've been out of the game for around 2 years, so I don't want to pretend to know what I am doing.

The contract review has come back and it is a generall pass with some recommended alterations (MOO is being one of the key things), and to be honest without QDOS reviewing it, I would have probably missed it. The agency is reviewing the suggested changes. If they say no can do, I'll probably accept the contract on the grounds that QDOS have said that the contract was a general pass. I acknowledge that this is not a guarantee that I won't get investigated, but I feel more comfortable accepting the contract based on a professional advice.