New to contract work..pls advise

[lucyclarityumbrella]

Forget Parasol. Speak to Lucy at Contractor Umbrella.

Bless, thank you

[lucyclarityumbrella]

Dunno, I'm only allowed to call her Ma'am or My Lady. She'd chop my balls off if she knew I was using her first name on here...

Nice to know you know how to treat a woman

[sdyson31]

IR35

Regarding IR35 i have been told that i will be outside of it as recruitment agency will be paying me not client and agreement would be b/w client and agency.

Is it true?

Just reading this.....


2. I have a substitution/control clause in my contract, and my agent says the contract is 'IR35-friendly' so I must be outside IR35

Sadly this is very common, but it’s not the silver bullet that many people believe it to be. Having something written in your contract is great, but it won’t protect you in the slightest unless it’s genuine. IR35 depends on your working conditions, not the written contract.

HMRC have the power to talk to your end-client direct, and if the client doesn’t agree that you can send a substitute then any clause in the contract is pointless, plus you run the risk of the whole contract being dismissed as a sham so any genuine clauses could be dismissed too.

If you really do have the right to substitute, or full autonomy over the work you do, then get it confirmed in a separate document and keep it safe. Remember that with IR35, HMRC can go back 8 years, so they may end up talking to someone who never actually knew you or your working practices.

Be careful to ensure you give the real details to any company you buy IR35 insurance from too, as they won’t pay out if you’ve not given them the true picture. If you can, get insurance that includes a review of your working practices, not just the written terms.

[LondonManc]

Rolling contracts do more than 'look like' inside.

The key factors which determine your IR35 status

Fair enough - I read about them being potentially risky when approached about one in 2013.

[LondonManc]

Regarding IR35 i have been told that i will be outside of it as recruitment agency will be paying me not client and agreement would be b/w client and agency.

Is it true?

Just reading this.....


2. I have a substitution/control clause in my contract, and my agent says the contract is 'IR35-friendly' so I must be outside IR35

Sadly this is very common, but it’s not the silver bullet that many people believe it to be. Having something written in your contract is great, but it won’t protect you in the slightest unless it’s genuine. IR35 depends on your working conditions, not the written contract.

HMRC have the power to talk to your end-client direct, and if the client doesn’t agree that you can send a substitute then any clause in the contract is pointless, plus you run the risk of the whole contract being dismissed as a sham so any genuine clauses could be dismissed too.

If you really do have the right to substitute, or full autonomy over the work you do, then get it confirmed in a separate document and keep it safe. Remember that with IR35, HMRC can go back 8 years, so they may end up talking to someone who never actually knew you or your working practices.

Be careful to ensure you give the real details to any company you buy IR35 insurance from too, as they won’t pay out if you’ve not given them the true picture. If you can, get insurance that includes a review of your working practices, not just the written terms.

No. Pay to have your contract checked by QDOS or someone similar.

[sdyson31]

No. Pay to have your contract checked by QDOS or someone similar.

would agency be able to provide me the detail contract?

[northernladuk]

Regarding IR35 i have been told that i will be outside of it as recruitment agency will be paying me not client and agreement would be b/w client and agency.

Is it true?

Just reading this.....


2. I have a substitution/control clause in my contract, and my agent says the contract is 'IR35-friendly' so I must be outside IR35

Sadly this is very common, but it’s not the silver bullet that many people believe it to be. Having something written in your contract is great, but it won’t protect you in the slightest unless it’s genuine. IR35 depends on your working conditions, not the written contract.

HMRC have the power to talk to your end-client direct, and if the client doesn’t agree that you can send a substitute then any clause in the contract is pointless, plus you run the risk of the whole contract being dismissed as a sham so any genuine clauses could be dismissed too.

If you really do have the right to substitute, or full autonomy over the work you do, then get it confirmed in a separate document and keep it safe. Remember that with IR35, HMRC can go back 8 years, so they may end up talking to someone who never actually knew you or your working practices.

Be careful to ensure you give the real details to any company you buy IR35 insurance from too, as they won’t pay out if you’ve not given them the true picture. If you can, get insurance that includes a review of your working practices, not just the written terms.

Honestly... Go umbrella and forget all this IR35. You really aren't cut out for this at this point.

You are supposed to be doing your own research and understanding all this. It's becoming apparent you either don't want to research it or can't understand it. When someone says something, go read up. You can't keep coming back on here and asking if every little thing you hear is true. You are contractor now, you have to stand on your own two feet. You simply cannot be spoon fed everything. You have legal responsibilities now so really must step up.

Get signed up with Lucy and just have done... please.... it's getting painful.

[northernladuk]

would agency be able to provide me the detail contract?

Think man FFS... Who is paying you? So who do you need a contract with? I'm starting to think you are trolling now. No one can be this dim.

[SueEllen]

Think man FFS... Who is paying you? So who do you need a contract with? I'm starting to think you are trolling now. No one can be this dim.

Yes they can.

[LondonManc]

would agency be able to provide me the detail contract?

The agency would provide you with the contract to sign.

If you intend to go limited and that the contract is outside IR35, make sure that you get it checked out first.