Contract Help - IR35

[ladymuck]

They have come back and offered to change the clause to advance notice of 35 days - not sure if this is better or worse ?

I can see that making it almost unworkable.

[Henrik67]

I can see that making it almost unworkable.

best leaving as financial then?

[ladymuck]

best leaving as financial then?

I would.

Under what scenarios would you seek to use the clause? Think about how a financial penalty vs a time delay would impact those scenarios.

[LondonManc]

Thanks, I thought perhaps having a financial restriction was worse than not having a subs clause but I get your point. QDOS seem to think it is as bad as not having a clean right to SUB.

Having a substitution clause that doesn't look like the standard and that the client have considered, reworded and accepted, if anything, makes it stronger.

[Henrik67]

I would.

Under what scenarios would you seek to use the clause? Think about how a financial penalty vs a time delay would impact those scenarios.

I am just looking for the option that the tax man would hate the least!

[ladymuck]

I am just looking for the option that the tax man would hate the least!

The tax man will want to know the likelihood of the claused being used. That is zero by the sounds of it, making me wonder the point of its inclusion if it bears no resemblance to the actual working practices and looks every bit like you're engineering the contract to force an outside assessment.

[Henrik67]

The tax man will want to know the likelihood of the claused being used. That is zero by the sounds of it, making me wonder the point of its inclusion if it bears no resemblance to the actual working practices and looks every bit like you're engineering the contract to force an outside assessment.

I thought you agreed with the guy earlier that it was a good point to include it? Who knows if I will use it - never say never...

Thanks

[GhostofTarbera]

I would not even get a IR35 review, more chance of being hit by lightning than getting investigated in next few years

Depends on your risk approach


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[ladymuck]

I thought you agreed with the guy earlier that it was a good point to include it? Who knows if I will use it - never say never...

Thanks

I did, I still do, and that's not what I said above.

You made it clear the purpose of the clause is a box tick exercise when I told you to do a assessment of your options against realistic scenarios when you would expect to use the clauses.

Decide your attitude to risk and proceed accordingly. There's not much anyone else can tell you. You are running a company not a school tuck shop.

[Henrik67]

I did, I still do, and that's not what I said above.

You made it clear the purpose of the clause is a box tick exercise when I told you to do a assessment of your options against realistic scenarios when you would expect to use the clauses.

Decide your attitude to risk and proceed accordingly. There's not much anyone else can tell you. You are running a company not a school tuck shop.

Thanks for your input, much appreciated.