End client asks me to do a IR35 determination

**jamesbrown** · 25 January 2022, 14:50

If it's borderline, then you should probably avoid it, doubly so if there are claw-back clauses in the contract. But, even if there aren't, it isn't completely risk free. Better to stick with contracts that are very clearly outside and that do not have any claw-back clauses. As to whether it's common, it certainly isn't unheard of that a client will ask you to foot the cost of a review, and I personally wouldn't accept that either (not because of the cost, per se, but because you're being asked to participate on their behalf, which is a dubious blurring of responsibilities and potentially increases risk too - different than making an assessment independently for your own due diligence).

**PerfectStorm** · 25 January 2022, 14:54

See it as an opportunity to embrace further the things that can make it outside. Client should support.

**northernladuk** · 25 January 2022, 15:02

Two threads currently running discussion getting your own IR35 review even though it's the clients risk. Some say get one anyway, others say don't bother

https://forums.contractoruk.com/acco...e-by-qdos.html

https://forums.contractoruk.com/busi...uses-ir35.html

**eek** · 25 January 2022, 15:08

Originally posted by Eirikur View Post

Got offer on the table, outside of IR35 (they say) showed me a QDOS assessment which confirms it is. However in my opinion it's borderline and they haven't done a full assessment on the Government portal, where there are many more questions and options to answer then in the QDOS assessment.
Now they ask me to do an assessment with QDOS as well, is this normal in the new IR35 world?

By Government Portal do you mean CEST, something that even HMRC ignore when it comes to going to court?

End client asks me to do a IR35 determination