Client won't put a statement of work in schedule or sign confirmation letter...

[7specialgems]

Hi,
Client refuses to put a statement of work in the contract

Client or agency?

If agency please share their name so I can avoid them.

I always insist on a brief statement of the services to be provided including project name for be included in my schedule sheets. A lack of specifics here has always been picked up in my IR35 reviews.

[PerfectStorm]

Make up the deliverables yourself (make them specific, but not too ambitious) and put them in the contract

[adam42]

This seems like an appropriate place to hijack the thread, so my question is, how exactly would the HMRC establish that a contractor was just doing any old tulip i.e. liable under IR35, if the contract only specifies a job title?

In my current position I have only a job title, but the single project that I am working on is due to run out of budget soon and my line manager has told me he'll find something for me to do.

How would the HMRC find out when doing an IR35 investigation?

[simes]

Well, they would look at the contract, and then interview your line manager person, and if the two scenarios either don't marry up, and / or either one falls inside, then you're fried...

Until you get legal help, toss the whole thing over to some legal chap allocated to you from your IPSE membership and commence the battle.

[northernladuk]

This seems like an appropriate place to hijack the thread, so my question is, how exactly would the HMRC establish that a contractor was just doing any old tulip i.e. liable under IR35, if the contract only specifies a job title?

In my current position I have only a job title, but the single project that I am working on is due to run out of budget soon and my line manager has told me he'll find something for me to do.

How would the HMRC find out when doing an IR35 investigation?

From comments on previous threads it appears an investigation can start due to some other reason they find to look at your finances. I'd guess that's random inspections, not pay VAT/Tax on time, big changes in submissions year to year and then maybe some bastard dobbing you in it.

Once they've opened one they'll go over the situation with a fine toothed comb lasting a number of years. They'll inspect everything to try and make their case.

That said, trying to understand your chances of getting caught as mitigation for a gig that, on the face of it, looks inside is a really poor approach. Yes the risk is low but if you get caught it's going to open an investigation that can take years and be an utter nightmare. Forgetting it all and hoping you get away with it isn't the way to do it.

It's not like there are other gigs out there that are truly outside and even if that gig is so good you are willing to risk it, its going to come to an end sometime so you are going to have to let it go. Why not do it sooner rather than later and lower your exposure.

You could also try and educate your client and introduce stuff in to make you outside. Write your own Statement Of Work for each project and add to the contract. Do this for every gig. Brief your client on how we work and what they can and can't do, they fact you don't ask for holidays and so on.

I assume you didn't get your contract checked for IR35 before you started so get that done. Do you know IR35 well enough to know what you should and shouldn't be doing?

It's not impossible situation to turn around but ignoring it and hope you don't get caught is the worst option of the lot.

[northernladuk]

Well, they would look at the contract, and then interview your line manager person, and if the two scenarios either don't marry up, and / or either one falls inside, then you're fried...

Until you get legal help, toss the whole thing over to some legal chap allocated to you from your IPSE membership and commence the battle.

He shoots.... and misses by a mile as usual

[Lance]

This seems like an appropriate place to hijack the thread, so my question is, how exactly would the HMRC establish that a contractor was just doing any old tulip i.e. liable under IR35, if the contract only specifies a job title?

In my current position I have only a job title, but the single project that I am working on is due to run out of budget soon and my line manager has told me he'll find something for me to do.

How would the HMRC find out when doing an IR35 investigation?

In your situation I’d discuss and agree any new project with the client (don’t call him a line manager).
Then get the agency to put the project in the contract schedule. And invoice against that project. Keep an email trail to differentiate between the 2 projects, and also that you agreed to do it rather than were given it.
Not bulletproof but does make a difference.

[man]

In the OP's situation I've had them re-write the job title in a 'service' format:
e.g. 'Job performed: IT Architect' becomes 'Services performed: IT architecture and design consultancy'. It was certainly better than nothing, and it was recommended by the IR35 advisor I pay for (who takes great pains to point out that it's not one single thing that makes or breaks the IR35 status, more of a general picture taken from a number of factors).

In the end though it is probably worth avoiding clients who can't and/or won't understand the differences between a contractor and a temp worker - in the long run it could save you a lot of pain with Hector.