What to say to get out of invites to IR35 unfriendly activities

[Gumbo Robot]

I've been invited to a development forum that has no bearing on the project work I'm doing.

What words can I use to convey to the client why this is bad for me from an IR35 perspective without making me look like a tax avoider?

[WordIsBond]

I've been invited to a development forum that has no bearing on the project work I'm doing.

What words can I use to convey to the client why this is bad for me from an IR35 perspective without making me look like a tax avoider?

"Thank you, but I can't go. I've studied the rules carefully, and this is the kind of thing that HMRC might use to argue that I'm an employee. That would be bad for both of us -- you aren't paying employer's NI and I'm not your employee, and we don't want to give HMRC anything that could cause trouble for either of us."

If Hector ever does come nosing around, they'll remember that and tell him, "He wasn't an employee. He wouldn't even go to a development forum."

[PerfectStorm]

"I know no one else will give a stuff, but a bunch of paranoid internet enthusiasts believe that this could make me one of the 30 cases of IR35 prosecution a year"

[SussexSeagull]

Politely decline because it is not directly related to the project you are working on.

No need to bring IR35 into it as your tax matters aren't really the clients concern.

[Contreras]

Try to resist the temptation to involve IR35 in discussions with the client, whatever. You may think you have found a sympathetic ear but their only concern is to keep you happy for that moment. Once you are gone (and when you most need it) they will no longer care.

[SpontaneousOrder]

It's not in the remit of your contract. You can't work outside the bounds of your contractual agreement.

[MyUserName]

Tell them that you would love to do it but taking part in this sort of thing would void your IR35 insurance.

[SueEllen]

Just make sure you are too busy like carefully arrange meetings with other people that clash.

Seriously there is no need to bring IR35 into it if you don't want to do something that is a waste of your time.

[BlasterBates]

I suspect you've been invited out of politeness.

Whether you go or not wouldn't make any difference, the siginificant thing is the invite.

Can't imagine the odd invite to a development forum would make any difference. Needs to be systematic.

[unixman]

Tricky and I face the same situation myself.

If the course is really nothing to do with your work for the client, then politely declining it shouldn't cause any issue. If they insist, then try these things in order:

Politely ask why they want you to attend a course which is outside your contractual work. Listen to the answer it might get you off the hook
Politely decline saying it would affect your PI insurance or whatever (don't mention IR35)
Politely decline again saying it is outside of your contract and would invalidate your insurance (no mention of IR35).

It is unlikely they will press things further, but if they do, ask your agent. He will first try to persuade you it's nothing, then he will have a word with the client. He is the expert diplomat let him figure it out.

The main thing is don't cause an unnecessary problem for the client, or use threats or mention legal stuff. But do be prepared to walk eventually.