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New IR35 'Friendly' contract? Dodgy agents?

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    #31
    Originally posted by jamesbrown View Post

    As noted elsewhere in this thread, it moved the tax risk to the supply client, not the sum total of all risk, and HMRC only care about their taxes and penalties and everything else is just "commercial risk" to them (about which they know absolutely feck all). Now, as before, the supply chain can try to protect itself against tax loss. This is hardly a new thing and you can accept it or not and try to mitigate against it or not. As you say, if YourCo is gone, they can't do anything about it, unless the contract transfers the liability to you personally (watch out for that), but there are more short-term risks too (the approach they are taking to SDSs is fubared).
    As you say, it's worth noting the HMRC won't actually come after you instead of the end client due to anything put in a contract.

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      #32
      Has anyone had any firm feedback from QDOS or the like on these contract clauses which try to shift IR35 liability?
      It'd be interesting if after signing one of these contracts, whether they would honour any IR35 insurance if there was an investigation. Might the underwriters say that you had invalidated any insurance in the event of an investigation? We all know that insurance companies will say/do anything to get out of paying up...

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