reads to me like they want to make sure that if you are actually found to be inside later on they withhold payment so that taxes can be covered.
And if there is a dispute about status they can also withold payment
At the end of the day, your status is totally outside the control of the agent, so they want to make sure they are covered if it goes wrong.
All that being said, you should get it reviewed by a professional.
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
New IR35 'Friendly' contract? Dodgy agents?
Collapse
X
-
New IR35 'Friendly' contract? Dodgy agents?
Hello
I'm really starting to distrust the agency i'm with, what do you think?
I had to threaten to leave to get them to issue a SDS.. they came back with an outside determination on Friday.. even though they actually did it on the 2nd of March according to the date of the document. In the email they said they will end my current contract and issue a new one that's been fully checked to be good for IR35. I then had to chase them to get a draft copy, so i could review.
Just got a draft copy and it has quite a few new sections like this..
In respect of Off-Payroll, if either the Contractor and/or the Agency initiate the ‘client-led status disagreement process’ (as set out in the HMRC Employment Status Manual) then at the discretion of either the Contractor or the Agency, payment of the Fees to the Contractor maybe withheld until the dispute in respect of a SDS has been resolved.If it is determined at any time that the Assignment does not fall outside the scope of the IR35 Intermediaries Legislation, the Agency shall be entitled to make whatever deductions from the Fees necessary to satisfy the Agency’s and Contractor’s obligations under Off-Payroll, and the Contractor shall be liable as set out in Clause xxxxThe Contractor shall indemnify in full and on-demand and hold harmless the Agency, the Officers and the End-User against all Losses connected with:
xxxx. any taxes, national insurance contributions, deductions, fines, penalties and/or interest as shall from time to time be due from or assessed on the Contractor and/or the Personnel in connection with this Assignment Contract or which may be imposed upon or accrued by the Agency and/or the End-User as result of this Assignment Contract.
xxxx. any claim by the Personnel relating to employment rights.
xxxx. any claim or demand, howsoever arising, against the Agency or End-User for PAYE Income Tax and/or Employee's and/or Employer's National insurance Contributions and/or Apprentice Levy relating to any Personnel including claims arising out of Off-Payroll.
I have sent it off to be reviewed but what do you think?
To me it looks like there trying to hold back as late as possible to squeeze this though due to the panic of people not wanting to be out of work.
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: