Originally posted by malvolio
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New IR35 'Friendly' contract? Dodgy agents?
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Clarity is everything -
Originally posted by SteelyDan View PostThe organisation over-ruled it & adopted a blanket ban on PSCs. He's now inside & with all the crap which could be potentially coming his way in due course, if he's very unlucky.Comment
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Originally posted by Paralytic View Post
They did a blanket ban AND also issued an inside determination? Are you sure?Clarity is everythingComment
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I'm seeing a lot of this kind of hard-nosed contract wording flying about. Not really surprising given that everyone is now terrified of HMRC and their guidance is for the most part unworkable or unreasonable.
If you are a consultant/expert nobody knows what you are going to do until you get into the thick of the problem anyway - that's why they hired you.
In the end, IR35 is concerned with actual working practice and thus a lot of the contract is irrelevant or unenforceable. HMRC don't understand what they are unleashing on the business community.
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Originally posted by TwoWolves View PostI'm seeing a lot of this kind of hard-nosed contract wording flying about. Not really surprising given that everyone is now terrified of HMRC and their guidance is for the most part unworkable or unreasonable.
If you are a consultant/expert nobody knows what you are going to do until you get into the thick of the problem anyway - that's why they hired you.
In the end, IR35 is concerned with actual working practice and thus a lot of the contract is irrelevant or unenforceable. HMRC don't understand what they are unleashing on the business community.
the new version of IR35 ticks that box - the fact the rest of it is utterly insane isn't a concern for the people in HMRC who are responsible for it is above their pay grade.merely at clientco for the entertainmentComment
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Originally posted by TwoWolves View PostHMRC don't understand what they are unleashing on the business community.Comment
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Kind of surprised by the 'school of hard knocks' and 'what can you do about it' approach people are adopting. A change in the law moved the risk to the end client. Pain in the backside though it is, it is the will of the democratically elected government and shouldn't be overridden by a clause in a commercial contract.
By tagging this onto a contract the risk is moving back to us giving us the worst of both worlds.
No idea how enforceable it is but would be minded to wind down my Ltd after each Outside Contract if that was in the contract on the grounds they can't go after something that isn't there if there is an investigation years in the future.Comment
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Originally posted by SussexSeagull View PostKind of surprised by the 'school of hard knocks' and 'what can you do about it' approach people are adopting. A change in the law moved the risk to the end client. Pain in the backside though it is, it is the will of the democratically elected government and shouldn't be overridden by a clause in a commercial contract.
By tagging this onto a contract the risk is moving back to us giving us the worst of both worlds.
No idea how enforceable it is but would be minded to wind down my Ltd after each Outside Contract if that was in the contract on the grounds they can't go after something that isn't there if there is an investigation years in the future.Comment
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