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contract term

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    #11
    Originally posted by Cirrus View Post
    I'm different to Northern.

    I'd just sign it and if they ever come asking then I'd keep stalling until they eventually (possibly) terminate me. Most likely nothing would ever happen.
    Sadly that makes you part of the problem others face and let the agents pull these tricks because they can get away with it.

    What if the contract would have also failed IR35 but you don't really know? You'd keep working until HMRC come calling and bankrupt you. Great plan that.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #12
      Originally posted by SteelyDan View Post
      Yep, given timescales involved, I've taken this tack, spoken to agency & advised if I'm asked to provide such info, I'll decline & they can invoke termination.
      And your IR35 status? Especially when it's been pointed out it's focussed on 'I'?
      Last edited by northernladuk; 10 June 2016, 10:35.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #13
        Originally posted by adubya View Post
        It's all very person-centric i.e. "I" and "my" rather than a contract between two businesses.
        Exactly this, the wording is not B2B it is saying it is saying "you" what does your personal Tax situation have to do with one Business supplying another business, This is a massive red flag and alarm bells would be ringing for me

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          #14
          Originally posted by Support Monkey View Post
          Exactly this, the wording is not B2B it is saying it is saying "you" what does your personal Tax situation have to do with one Business supplying another business, This is a massive red flag and alarm bells would be ringing for me
          Yeah I see that, but that's was an extract from a lower schedule where I'm personally referred to as the consultant of the supplier (myco). In the main contract upper section it says this:

          Taxation.
          9.1 Where the Consultant is liable to be taxed in the UK in respect of consideration received under this contract, he shall at all times comply with the Income Tax (Earnings and Pensions) Act 2003 (ITEPA) and Social Security Contributions and Benefits Act 1992 (SSCBA) and all other statutes and regulations relating to income tax and National Insurance Contributions. 9.2 Where the Client is a public sector body, it may at any time during the term of this Contract, request the Supplier to provide information which demonstrates how the Consultant complies with Clause 9.1 above, or appropriate evidence why it considers that Clause 9.1 does not apply to the Consultant.


          The bit in bold (above) is something I didn't initially notice, but the client isn't pub sec, so this won't apply. So it seems this is a generic contract which would cover all sectors.
          Clarity is everything

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            #15
            Originally posted by SteelyDan View Post
            Yeah I see that, but that's was an extract from a lower schedule where I'm personally referred to as the consultant of the supplier (myco). In the main contract upper section it says this:

            Taxation.
            9.1 Where the Consultant is liable to be taxed in the UK in respect of consideration received under this contract, he shall at all times comply with the Income Tax (Earnings and Pensions) Act 2003 (ITEPA) and Social Security Contributions and Benefits Act 1992 (SSCBA) and all other statutes and regulations relating to income tax and National Insurance Contributions. 9.2 Where the Client is a public sector body, it may at any time during the term of this Contract, request the Supplier to provide information which demonstrates how the Consultant complies with Clause 9.1 above, or appropriate evidence why it considers that Clause 9.1 does not apply to the Consultant.


            The bit in bold (above) is something I didn't initially notice, but the client isn't pub sec, so this won't apply. So it seems this is a generic contract which would cover all sectors.
            You bolded the wrong part.
            The greatest trick the devil ever pulled was convincing the world that he didn't exist

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              #16
              Originally posted by LondonManc View Post
              You bolded the wrong part.
              Don't think I did. Client isn't pub sec so it's not applicable, or am I missing your point?
              Clarity is everything

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