Newbie contractor + direct contract for swiss company = confusion

[eoz783399]

Hi,

Apologies if there's already a thread for this - I've had a look and haven't found anything that fits my situation.

I'm a brand new contractor - I've set up my limited company and have had one very short contract through a recruitment agency.

I've just been recruited directly for a role with a small start up company in Switzerland - for a role that needs my very specific industry experience.

I need to sort out my own contract - which, to be honest, scares me. The company are new and don't have much experience in this either.
They've already hired a friend of mine through a recruitment agency, and want the contract to be similar to hers. I have access to her contract and can maybe get access to the contract between the hiring company and the agency.
I'm willing to try to cobble something together - but am concerned that I'll make a mistake. I know I can get any contract checked for IR35 - but can I get it checked for general legality?
Is it crazy to try to do this for myself? I feel like I'm trying to do expert level contracting when I'm still an idiot.
Are there companies that will sort out a contract for you?
I start on the 12th September so I really need to get something done quickly.
Help!

[missinggreenfields]

Yes, you're crazy to do it yourself - unless you are a lawyer.

IPSE has sample contracts which should do the job - there are probably others out there, but when I've needed to use my own contract in the past I've relied on that one.

Also, the IPSE contract review service will look for the whole contract not just IR35. I don't know if B&C or Qdos or anyone else does a commercial check - ring them and ask?

[northernladuk]

Well you can go to IPSE or QDOS and use their templates so getting a contract isn't a problem.

Working for a Swiss company could be though and it being a start up could be even tougher. You've not put enough detail in but IR35 won't be an issue

QDOS, Abbey Tax, B&C etc should be able to do a contract check for you as well.

You do need to check the payment terms though. Being a start up there is always the risk they go belly up and and you don't get paid. We've had plenty of posts where contractors were offered share options or something like that and I believe in most of them it went tits up leaving the contractor out of pocket. Certainly not something I'd be bothering with.

Do you have an accountant and have you discussed the tax situations with them?

NAT, one of our Mods works over there so he might have some good advice for you.

Some threads to read here..

http://forums.contractoruk.com/umbre...itzerland.html
http://forums.contractoruk.com/busin...ny-zurich.html
http://forums.contractoruk.com/busin...ve-beware.html

http://www.contractoruk.com/overseas...money_tax.html


Sounds like you've bitten off quite a bit here and with such a short timescale I'd keep looking for gigs in the meantime if I were you.

[eoz783399]

I'm so glad you've said it'd be crazy - I thought I was just being rubbish by not wanting to do it! I was already looking at IPSE - my only concern is that the Swiss part might cause extra problems.

[eoz783399]

I've spoken to my accountant and they've explained that I won't be able to charge VAT. I'll be working in the UK so won't need to pay Swiss tax or anything.

I know it's a risk, but the role is so perfect that I'm willing to take a risk for a couple of months. The people involved are well known in my industry which offers some comfort.

[NotAllThere]

Working in the UK for a Swiss company, you just bill without VAT. It seems to be it would be difficult to be inside IR35 for this one. For a start, the Swiss company would tell HMRC to get knotted if they started demanding information about working practices.

I recommend quoting a price in CHF.

[northernladuk]

Check the business interruption with IPSE+ membership to see they cover anything in case you don't get paid and fill you boots then.

[eoz783399]

Thanks to all for the advice - I've just joined IPSE plus and am going to get stuck into their templates.

[cojak]

Ooh, take care when working in Switzerland, I've already told the story of when I nearly got thrown out of Switzerland and was banned from working there for 3 months.

Take a look at these before you sign anything:
http://forums.contractoruk.com/busin...ve-beware.html

http://forums.contractoruk.com/busin...itzerland.html

[northernladuk]

Ooh, take care when working in Switzerland, I've already told the story of when I nearly got thrown out of Switzerland and was banned from working there for 3 months.

Is that the one with the goatherd, alphorn and lots of yoddeling? Or was that the time before.

Good to see they've still got standards over there