Anyone had an IR35 review recently on an Opus Recruitment Services contract

[Cenobite]

Hi,

Like the title says, has anyone been through this lately? If so, what was the expert's opinion on the contract and were Opus willing to change terms?

[FatLazyContractor]

Would it be possible to quote the problematic clauses?

[northernladuk]

I think it's just a general question about Opus and their contracts rather than a detailed question about the wording.

[Cenobite]

I think it's just a general question about Opus and their contracts rather than a detailed question about the wording.

Correct, that's exactly it.

[northernladuk]

Correct, that's exactly it.

Don't know then

[Hobosapien]

They may have several 'standard' templates in play so cannot rely on the one you have being identical to another contractor's that has passed any review.

Besides if it was only the contract terms that were the issue the review services would be on a nice money spinner as they'd be able to automatically pass/fail whenever another review for 'template x' landed on their desk. Reputable review services take more than just the contract into account when reviewing for IR35.

I found the working practices more important than the wording when getting my standard contract reviewed and passed. Though I used a third party rather than the HMRC review service.

[Cenobite]

Besides if it was only the contract terms that were the issue the review services would be on a nice money spinner.

You make a point I've wondered for a while. From what I gather it's the working practices which determine whether someone's inside IR35 (and that's how it should be really). But this makes me wonder if it's ever worth paying for an IR35 contract review because your working practices will be checked anyway. Or do HMRC treat the contract itself as some sort of checkpoint in that if your contract puts you inside IR35, they won't even go to the bother of checking your working practices (which could put you outside IR35)?

So really I've wondered if contract review services are worth anything at all. Besides, I've not kept up on this but are contractors going to have other things to worry about than IR35 after April?

[mudskipper]

You make a point I've wondered for a while. From what I gather it's the working practices which determine whether someone's inside IR35 (and that's how it should be really). But this makes me wonder if it's ever worth paying for an IR35 contract review because your working practices will be checked anyway. Or do HMRC treat the contract itself as some sort of checkpoint in that if your contract puts you inside IR35, they won't even go to the bother of checking your working practices (which could put you outside IR35)?

So really I've wondered if contract review services are worth anything at all. Besides, I've not kept up on this but are contractors going to have other things to worry about than IR35 after April?

Nothing changing for outside IR35 contractors in April. Inside IR35, you're no longer entitled to T&S.

Having an IR35 friendly contract is the first line of defence should you be unlucky enough to be challenged. It's not going to help your case if the contract fails the first hurdle.

[northernladuk]

You make a point I've wondered for a while. From what I gather it's the working practices which determine whether someone's inside IR35 (and that's how it should be really). But this makes me wonder if it's ever worth paying for an IR35 contract review because your working practices will be checked anyway. Or do HMRC treat the contract itself as some sort of checkpoint in that if your contract puts you inside IR35, they won't even go to the bother of checking your working practices (which could put you outside IR35)?

So really I've wondered if contract review services are worth anything at all. Besides, I've not kept up on this but are contractors going to have other things to worry about than IR35 after April?

Yes they are and it's a bit late asking about what's going to happen after April as it's only 6 weeks away. I don't want to be rude but I'd say you need to take a bit more notice about what's going on in your industry and be a bit more interested about what you do. HMRC might start thinking you are just playing at being a contractor.

[SueEllen]

So really I've wondered if contract review services are worth anything at all.

Some in the know client managers reply when questioned by HMRC, "It's in the contract". This means it's worth getting your contract terms reviewed as years down the line that's all that can be relied on.

Also you should be not just be looking for IR35 terms you should be looking at, understanding and pushing back on other terms. For example there are numerous threads about termination and handcuff clauses which if the contractor had read and challenged the agency before hand, they wouldn't be in the pickle they are in now.

Finally I've had some clauses detrimental to me strangely disappear from my contracts as soon as I said I'm getting the contract reviewed.